10. Punitive Articles

886. ARTICLE 86. ABSENCE WITHOUT LEAVE

Any member of the armed forces who, without authority–

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;

shall be punished as a court-martial may direct.

887. ARTICLE 87. MISSING MOVEMENT

Any person subject to this chapter who through neglect or design misses the movement of a spacecraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

888. ARTICLE 88. CONTEMPT TOWARD OFFICIALS

Any commissioned officer who uses contemptuous words against the ATSC, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

889. ARTICLE 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER

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

890. ARTICLE 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.

Any person subject to this chapter who–

(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or

(2) willfully disobeys a lawful command of his superior commissioned officer;

shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

891. ARTICLE 91. INSUBORDINATE CONDUCT TOWARD COMMANDERS, WING COMMANDERS, AND OFFICERS

Any Commander or enlisted member who–

(1) strikes or assaults a Commander, Wing Commander, or Officer, while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a Commander, Wing Commander, or Officer; or

(3) treats with contempt or is disrespectful in language or deportment toward a Commander, Wing Commander, or Officer while that officer is in the execution of his office;

shall be punished as a court-martial may direct.

892. ARTICLE 92. FAILURE TO OBEY ORDER OR REGULATION

Any person subject to this chapter who–

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by any member of the ATSC, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties;

shall be punished as a court-martial may dire

893. ARTICLE 93. CRUELTY AND MALTREATMENT

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

894. ARTICLE 94. MUTINY OR SEDITION

(a) Any person subject to this chapter who–

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court- martial may direct.

895. ARTICLE 95. RESISTANCE, BREACH OF ARREST, AND ESCAPE

Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody shall be punished as a court-martial may direct.

936. ARTICLE 136. AUTHORITY TO ADMINISTER OATHS AND ACT AS NOTARY

(a) The following persons on active duty or performing inactive-duty training may administer oaths for the purpose of military administration, including military justice, and have the general powers of a notary public and of a consul of the ATSC, in the performance of all notarial acts to be executed by members of any of the ATSC, wherever they may be, by persons serving with, employed by, or accompanying the ATSC.

(1) All judge advocates

(2) All summary courts-martial.

(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.

(4) All commanding officers of the ATSC.

(5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.

(6) All other persons designated by regulations of the ATSC,

(b) The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:

(1) The Commander, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.

(2) The Commander and counsel for the court of any court of inquiry.

(3) All officers designated to take a deposition.

(4) All persons detailed to conduct an investigation.

(5) All recruiting officers.

(6) All other persons designated by regulations of the ATSC or by statute.

(c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized.

(d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.