§ Article 117 : Provoking Speeches or Gestures

Article 117 of the UCMJ (10 U.S.C. § 917) punishes using provoking or reproachful words or gestures toward another person who is also subject to the UCMJ.

Who It Applies To

Any person subject to the UCMJ who uses provoking or reproachful words or gestures toward another person subject to the UCMJ.

What It Covers

1. The accused wrongfully used words or gestures toward a certain person.
2. The words or gestures were provoking or reproachful.
3. The person toward whom they were used was a person subject to the UCMJ.

Key rules

• “Provoking” and “reproachful” describe words or gestures used in the presence of the person to whom they are directed that a reasonable person would expect to induce a breach of the peace under the circumstances.
• They do not include reprimands, censures, reproofs, and similar corrections properly given in the interests of training, efficiency, or discipline.
• The accused need not know that the other person is subject to the UCMJ.

Maximum Punishment

Maximum authorized punishment. Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months, with no punitive discharge.

Sentencing parameters. Category 1 (0–12 months), with a recommended maximum of 6 months, the authorized maximum.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 117 addresses words or gestures directed at a particular person. Article 116 addresses riot and breach of the peace, and disrespect toward a superior is addressed by Article 89 and Article 91.

What the Provision Does

Article 117 applies to words or gestures used toward another person subject to the UCMJ that, under the Manual, a reasonable person would expect to induce a breach of the peace under the circumstances. The Manual excludes reprimands, censures, and similar corrections properly given in the interests of training, efficiency, or discipline, and the maximum confinement is 6 months.

History

Article 117 appeared in the original 1950 Uniform Code of Military Justice and was codified at 10 U.S.C. § 917 in 1956. Its text has not been amended since.

Sources

• 10 U.S.C. § 917 (Article 117, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 55
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C