10 U.S.C. § 891
Section 891 · Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
Amended 1 time on record
Applied in 158 court decisions — leading case Middendorf v. Henry (1976)
Most recently applied in 264 N.C. App. 467 - State v. Gamez (March 2019)
Cases citing this section usually also cite 10 U.S.C. § 866 · 10 U.S.C. § 934 · 10 U.S.C. § 890
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 warrant officer or enlisted member who—
(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The word “member” is substituted for the word “person”.
Cross References
Article to be explained, see section 937 of this title.