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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 889. Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer

Statutory text

(a)

Disrespect.—

Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court-martial may direct.

(b)

Assault.—

Any person subject to this chapter who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished—

(1)

if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

(2)

if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 67 · 70A Stat. 67

    Enacted · 10 U.S.C. § 889

    Aug. 10, 1956, ch. 1041, 70A Stat. 67

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 67

  2. Military Justice Act of 2016

    Pub. L. 114–328 div. E title LX § 5408 · 130 Stat. 2000

    Amended · 10 U.S.C. § 889

    Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”

    Source evidence

    Code amendment note
    Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”

    Enacted provision · exact public law section
    SEC. 5408. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER; ASSAULT OF SUPERIOR COMMISSIONED OFFICER.   Section 889 of title 10, United States Code (article 89 of the Uniform Code of Military Justice), is amended to read as follows: “§ 889. Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer “(a) Disrespect.— Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court-martial may direct. “(b) Assault.— Any person subject to this chapter who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished— “(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and “(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.” .

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
88950:683.May 5, 1950, ch. 169, § 1 (Art. 89), 64 Stat. 135.

The word “commissioned” is inserted for clarity.

Editorial Notes

Prior Provisions

Provisions similar to those in subsec. (b) of this section were contained in section 890 of this title, prior to amendment by Pub. L. 114–328, div. E, title LX, § 5409, , 130 Stat. 2942.

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Credits

1956–2016 · 2 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 67
  2. 2016Pub. L. 114–328, div. E, title LX, § 5408, , 130 Stat. 2941.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Pub. L. 114–328, div. E, title LX, § 5408, , 130 Stat. 2941.)

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