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such order. Examples are lawful orders of a
sentinel or of members of the armed forces police.
Dereliction in the performance of duties
occurs when a person willfully or negligently fails
to perform them or performs them in a culpably
inefficient manner. To be culpably inefficient, an
accused must have had the ability and opportunity
to perform the assigned duties efficiently, but
performed them inefficiently nevertheless.
Art. 93. Cruelty and Maltreatment
Any person subject to this code 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.
The cruelty, oppression, or maltreatment must
be real, although not necessarily physical. To
assault and to subject to improper punishment are
examples of this offense. The assignment of
necessary or proper duties and the requirement
for their correct performance will not constitute
this offense even though such duties are arduous
or hazardous or both.
Art. 96. Releasing Prisoner Without Proper
Authority
Any person subject to this code who,
without proper authority, releases any
prisoner committed to his charge, or who
through neglect or design suffers any such
prisoner to escape, shall be punished as a
court-martial may direct, whether or not
the prisoner was committed in strict
compliance with law.
Art. 97. Unlawful Detention
Any person subject to this code who,
except as provided by law, apprehends,
arrests, or confines any person shall be
punished as a court-martial may direct.
Any unlawful restraint of another’s freedom
will result in a violation of this article, whether
or not such action is taken under the appearance
of authority.
Art. 98. Noncompliance With Procedural Rules
Any person subject to this code who—
Art. 94. Mutiny or Sedition
There are two distinct types of mutiny, both
requiring an intent to usurp (to seize and hold by
force without the legal right or authority) or over-
ride military authority. One type would be the
creation of violence or disturbance with the
intent to commit mutiny. This act may be
committed by one person acting alone or by more
than one. The other type of mutiny consists of
a refusal in concert (in agreement) with any other
person to obey or otherwise do one’s duty. This
second type of mutiny constitutes what is termed
collective insubordination; it necessarily includes
some combination of two or more persons in
resisting lawful military authority.
Art. 95. Resistance, Breach of Arrest, and
Escape
Any person subject to this code who
resists apprehension or breaks arrest or
who escapes from custody or confinement
shall be punished as a court-martial may
direct.
(1) is responsible for un-
necessary delay in the deposition of
any case of a person accused of an
offense under this code; or
(2) knowingly and intentionally
fails to enforce or comply with any
provision of this code regulating the
proceedings before, during, or after
trial of an accused;
shall be punished as a court-martial may
direct.
Art. 99. Misbehavior Before the Enemy
Any member of the armed forces who
before or in the presence of the enemy—
(1) runs away;
(2) shamefully abandons, sur-
renders, or delivers up any com-
mand, unit, place, or military
property which it is his duty to
defend;
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