10 U.S.C. § 890
Section 890 · Art. 90. Assaulting or willfully disobeying superior commissioned officer
Amended 2 times on record
Applied in 248 court decisions — leading case Parker v. Levy (1974)
Most recently applied in United States v. Shea (May 2017)
Cases citing this section usually also cite 10 U.S.C. § 934 · 10 U.S.C. § 866 · 10 U.S.C. § 892
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The word "commissioned" is inserted for clarity.
Amendments
2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offense of assaulting or willfully disobeying a superior commissioned officer. See section 889(b) of this title.
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.