Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates

Note: This law applies only to Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates offenses allegedly committed on or after 1 January 2019.

What is Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates?

Article 93 of the Uniform Code of Military Justice (UCMJ) addresses cruelty, oppression, or maltreatment of subordinates. This law is crucial in maintaining discipline and respect within the military ranks. It prohibits any form of cruelty or maltreatment, including physical abuse, verbal harassment, or any oppressive conduct by superiors toward subordinates. Convictions under Article 93 can result in severe consequences, including confinement, dishonorable discharge, and loss of rank.

Facing accusations under Article 93 UCMJ is a serious matter. The complexities of military law and the severe penalties necessitate the involvement of the best military defense lawyers. These legal professionals understand the intricacies of the UCMJ and can provide a robust defense to protect the accused’s rights and career. An experienced defense lawyer can scrutinize the evidence, identify procedural errors, and craft a compelling defense strategy, significantly impacting the case’s outcome.

Choosing the best military defense lawyers ensures the accused receives comprehensive legal support, increasing the chances of a favorable verdict. The lawyers at Gonzalez & Waddington are well-versed in handling Article 93 cases and are committed to defending service members’ rights with diligence and dedication.

What are the Elements of Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates?

That (state the name (and rank) of the alleged victim) was subject to the orders of the accused; and
That (state the time and place alleged), the accused [(was cruel toward) (oppressed) (maltreated)] (state the name of the alleged victim) by (state the manner alleged).

What are the Maximum Punishments for Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates?

For Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates offenses committed between 1 Jan 2019 to 27 Dec 2023:

3 Years of Confinement
Dishonorable Discharge, BCD, Dismissal
Total Forfeitures
Reduction to E-1
Collateral Consequences of a Federal Felony Conviction

For Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates offenses committed after 27 Dec 2023

- Under the Sentencing Parameters, Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates is a Category 1 Offense – Confinement from 0-12 months
- Dishonorable Discharge, BCD, Dismissal
- Total Forfeitures
- Reduction to E-1
- Collateral Consequences of a Federal Felony Conviction
- Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence.

Combined UCMJ Maximum Punishment Charts

Sample Specification for Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates

In that SFC Gordy Blame, US Army, did, at or near Fort McNair, Washington, DC, on or about 6 March 2025, did maltreat PFC Sandoval Boover, a person subject to his orders, by kicking him in the stomach.

Model Specification for Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates

In that __________ (personal jurisdiction data), (at/on board—location), on or about __________, (was cruel toward) did (oppress) (maltreat) __________), a person subject to (his) (her) orders, by (kicking (him) (her) in the stomach) (confining (him) (her) for twenty-four hours without water) (__________).

What are the Definitions for Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates?

“Subject to the orders of” includes persons under the direct or immediate command of the accused and all persons who by reason of some duty are required to obey the lawful orders of the accused, even if those persons are not in the accused’s direct chain of command.

The (cruelty) (oppression) (or) (maltreatment) must be real, although it does not have to be physical. The imposition of necessary or proper duties on a service member and the requirement that those duties be performed does not establish this offense even though the duties are hard, difficult, or hazardous.

“Cruel,” “oppressed,” and “maltreated” refer(s) to treatment, that, when viewed objectively under all the circumstances, is abusive or otherwise unwarranted, unjustified, and unnecessary for any lawful purpose and that results in physical or mental harm or suffering, or reasonably could have caused, physical or mental harm or suffering.

(Assault) (Improper punishment) (Sexual harassment) may constitute this offense if the conduct meets the definition of this offense.

Sexual harassment includes influencing, offering to influence, or threatening the career, pay, or job of another person in exchange for sexual favors. Sexual harassment also includes deliberate or repeated offensive comments or gestures of a sexual nature. For sexual harassment to also constitute maltreatment, the accused’s conduct must, under all of the circumstances, constitute (“cruelty”) (“oppression”) (and) (“maltreatment”) as I have defined those terms for you.

Along with all other circumstances, you must consider, evidence of the consent (or acquiescence) of (state the name (and rank) of the alleged victim), or lack thereof, to the accused’s actions. The fact that (state the name (and rank) of the alleged victim) may have consented (or acquiesced), does not alone prove that he/she was not maltreated, but it is one factor to consider in determining whether the accused maltreated, oppressed, or acted cruelly toward, (state the name (and rank) of the alleged victim).)

Legal References Relation to Article 93 UCMJ Cruelty Oppression or Maltreatment of Subordinates:

US v. Carson, 57 MJ 410 (CAAF 2002); US v. Fuller, 54 MJ 107 (CAAF 2001).

Potential Collateral Consequences of a Federal Conviction

Employment will be severely limited (many employers won’t hire a convict)
Inability to enroll in college, university, or trade school
Loss of GI Bill
Loss of military career
Loss of retirement benefits.
Loss of VA benefits.
Loss of medical benefits.
Loss of spouse, family members, and friends
Loss of income while in jail
Mental, physical suffering before and after prison
Ineligibility for public benefits, such as food stamps
Ineligibility for government-sponsored student loans and grants;
Restrictions on certain types of employment or occupational licenses;
Ineligibility to provide foster care to minor family members
Prohibitions on working with children
Loss of professional license or certification
Limitations on adoption or foster care

Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates Military Defense Lawyers

Article 93 of the Uniform Code of Military Justice (UCMJ) addresses the misconduct of military personnel who engage in cruelty, oppression, or maltreatment of subordinates. This article is designed to uphold the integrity and discipline within the armed forces by penalizing those who misuse their authority to harm others. The offense encompasses various actions, including physical abuse, verbal harassment, and any form of oppressive conduct that undermines the dignity and well-being of a subordinate.

Key Elements of Article 93 UCMJ Cruelty Oppression or Maltreatment of Subordinates:

1. Cruelty: Intentional acts causing undue pain or suffering to subordinates.

2. Oppression: Abuse of power or authority in a manner that unjustly burdens or harshly treats subordinates.

3. Maltreatment: Conduct that is brutal or abusive, adversely affecting the morale or health of subordinates.

Consequences and Legal Defense for Article 93 UCMJ Cruelty Oppression or Maltreatment of Subordinates

Violating Article 93 UCMJ can result in severe penalties, including confinement, dishonorable discharge, forfeiture of pay, and reduction in rank. The gravity of the offense and its impact on unit cohesion and discipline make it a serious charge within the military justice system.

Importance of Legal Representation in Article 93 UCMJ Cruelty Oppression or Maltreatment of Subordinates Case

Accusations under Article 93 necessitate immediate legal representation from the best military defense lawyers. These lawyers play a crucial role in ensuring a fair trial, protecting the rights of the accused, and developing a robust defense strategy. They can challenge the evidence, question the credibility of witnesses, and argue mitigating factors to reduce the severity of the punishment.

Article 93 UCMJ is a critical mechanism for maintaining ethical conduct and discipline within the military. Accused service members should seek experienced military defense lawyers to navigate the complexities of military law and safeguard their rights. Effective legal representation can significantly influence the outcome, ensuring justice and fairness in the military justice system.

If you are suspected or accused of Article 93 UCMJ Cruelty, Oppression, or Maltreatment of Subordinates, speak with one of our experienced military court martial lawyers to discuss your case.