§ Article 94 : Mutiny or Sedition

Article 94 of the UCMJ (10 U.S.C. § 894) punishes mutiny, sedition, failing to prevent and suppress a mutiny or sedition committed in the accused’s presence, and failing to report a mutiny or sedition the accused knows or has reason to believe is taking place. Every form of the offense authorizes death.

Who It Applies To

Mutiny: any person subject to the UCMJ who, with intent to usurp or override lawful military authority, refuses in concert with any other person to obey orders or otherwise do their duty, or who creates any violence or disturbance.

Sedition: any person subject to the UCMJ who, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority.

Failure to prevent, suppress, or report: any person subject to the UCMJ who fails to do their utmost to prevent and suppress a mutiny or sedition being committed in their presence, or who fails to take all reasonable means to inform their superior commissioned officer or commanding officer of a mutiny or sedition they know or have reason to believe is taking place.

What It Covers

Mutiny by creating violence or disturbance

1. The accused created violence or a disturbance.
2. The accused did so with intent to usurp or override lawful military authority.

Mutiny by refusing to obey orders or perform duty

1. The accused refused to obey orders or otherwise do their duty.
2. In doing so, the accused acted in concert with another person or persons.
3. The accused did so with intent to usurp or override lawful military authority.

Sedition

1. The accused created revolt, violence, or disturbance against lawful civil authority.
2. The accused acted in concert with another person or persons.
3. The accused did so with intent to cause the overthrow or destruction of that authority.

Failure to prevent and suppress a mutiny or sedition

1. A mutiny or sedition was committed in the accused’s presence.
2. The accused failed to do their utmost to prevent and suppress it.

Failure to report a mutiny or sedition

1. A mutiny or sedition occurred.
2. The accused knew or had reason to believe that it was taking place.
3. The accused failed to take all reasonable means to inform their superior commissioned officer or commander.

Attempted mutiny

1. The accused committed a certain overt act.
2. The act was done with the specific intent to commit mutiny.
3. The act amounted to more than mere preparation.
4. The act apparently tended to effect the commission of mutiny.

Scope rules

• Mutiny by creating violence or disturbance can be committed by one person acting alone. Mutiny by refusing to obey orders or perform duty requires collective insubordination by two or more people; the concert need not be planned in advance, and the refusal need not be active or violent.
• The required intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.
• Sedition requires concerted action in resistance to civil authority.
• “Utmost,” for failure to prevent and suppress, means the measures properly called for by the circumstances, including the person’s rank, responsibilities, and employment.

Maximum Punishment

Maximum authorized punishment. Death or such other punishment as a court-martial may direct, for mutiny, sedition, attempted mutiny, and failure to prevent, suppress, or report a mutiny or sedition.

Sentencing parameters. Article 94 is a sentencing-criteria offense (no numbered category). Sentencing parameters and criteria do not apply to the decision whether to impose death.

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

Mutiny is directed at military authority and sedition at civil authority. Mutiny by refusing orders requires concert with others, which distinguishes it from individual disobedience under Article 90 or Article 92; mutiny by creating violence or disturbance does not, but does require the intent to usurp or override lawful military authority, which distinguishes it from riot or breach of peace (Article 116). Failure to prevent, suppress, or report does not require participation in the mutiny or sedition.

What the Provision Does

Mutiny is directed at overriding lawful military authority, and sedition at overthrowing lawful civil authority. Article 94 treats both as among the most serious offenses in the military justice system, and extends responsibility to those who fail to prevent, suppress, or report them.

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. § 894 (Article 94, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 21
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12D