Page 465 - Trump Executive Orders 2017-2021

10168 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(in rank), by (saying to (him) (her)" ,"or words to that effect) (contemptuously turning
from and leaving (him) (her) while (he) (she), the said , was talking to (him) (her), the
said ( ____ ___/
(2) Striking superior commissioned officer.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20 , (a time of war) strike
____ ,(his) (her) supetior commissioned officer (in command) (in rank), then known by the
said to be (his) (her) superior commissioned officer (in command) (in rank), who was
_
then in the execution of(his) (her) office, (in) (on) the with (a) ((his) (her)) __
(3) Drcnving or lifting up a weapon against superior comrnissioned officer.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jutisdiction data, if required), on or about 20 _,(a time ofwar) (draw) (lift up)
a weapon, to wit: a against (his) (her) superior commissioned officer (in
command) (in rank), then known by the said to be (his) (her) superior commissioned
officer (in command) (in rank), who was then in the execution of (his) (her) office.
( 4) Qffering violence to superior commissioned qfficer.
In that (personal jurisdiction data), did, (at/on board--location) (subject-
matter jurisdiction data, if required), on or about 20 _, (a time of war) offer violence
against his/ her superior commissioned officer (in command) (in rank), then known by
the said to be (his) (her) superior commissioned officer (in command) (in rank), who
was then in the execution of(his) (her) office, by ___ _

16. Article 90 (10 U.S.C. 890)-\Villfully disobeying superior commissioned officer
a. Text ofstatute.
Any person subject to this chapter who willfully disobeys a lawful command of that
person's superior commissioned officer 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.
b. Elements.
(1) That the accused received a lawful command from a superior commissioned ofticer;
(2) That this officer was the superior commissioned officer of the accused;
(3) That the accused then knew that this officer was the accused's superior commissioned
officer; and
(4) That the accused willfully disobeyed the lawful command.
[Note: if the offense was committed in time ofwar, add the following element]
(5) That the offense was committed in time of war.
c. Explanation.
(1) Superior commissioned officer. The definition in subparagraph 15.c.(l) applies here.
(2) Disobeying superior commissioned officer.
(a) Lawfulness of the order.
(i) Ir!ference ~f lawfulness. An order requiring the performance of a military duty or act
may be inferred to be lawful, and it is disobeyed at the peril of the subordinate. This inference does
not apply to a patently illegal order, such as one that directs the commission of a clime.
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