§ Article 93 : Cruelty and Maltreatment

Article 93 of the UCMJ (10 U.S.C. § 893) punishes cruelty toward, or oppression or maltreatment of, any person subject to the accused’s orders. It protects people who are required to obey the accused from abuse of that authority.

Who It Applies To

Any person subject to the UCMJ who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to the accused’s orders. That includes not only people under the accused’s direct command, but anyone — whether or not subject to the UCMJ — who, by reason of some duty, is required to obey the accused’s lawful orders, regardless of whether the accused is in that person’s direct chain of command.

What It Covers

1. A certain person was subject to the orders of the accused.
2. The accused was cruel toward, or oppressed, or maltreated that person.

The cruelty, oppression, or maltreatment need not be physical, but it is measured by an objective standard. Assault, improper punishment, and sexual harassment can constitute this offense if they meet these elements; under this paragraph, sexual harassment includes influencing or threatening another person’s career, pay, or job in exchange for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature. Imposing necessary or proper duties, and requiring their performance, is not maltreatment even if the duties are arduous or hazardous.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Sentencing parameters. Category 1 (0–12 months).

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 93 requires that the victim be subject to the accused’s orders; assault (Article 128) requires no such relationship. Sexual harassment that does not involve a person subject to the accused’s orders may instead be addressed by the separate Article 134 offense of sexual harassment. Sexual activity by a trainer or recruiter with a recruit or trainee is addressed specifically by Article 93a.

What the Provision Does

Article 93 requires that the victim be subject to the accused’s orders. Under the Manual, assault, improper punishment, and sexual harassment may constitute the offense if the conduct meets its elements, and the maximum confinement is 3 years.

History

The statutory language traces to the original 1950 Uniform Code of Military Justice and was re-enacted in its current form on August 10, 1956.

Sources

• 10 U.S.C. § 893 (Article 93, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 19
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C