SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 899. Art. 99. Misbehavior before the enemy may direct, whether or not the prisoner was committed in strict compliance with law. (Aug. 10, 1956, ch. 1041, 70A Stat. 69.) HISTORICAL AND REVISION NOTES Source (U.S. Code) Revised section Source (Statutes at Large) May 5, 1950, ch. 169, § 1 (Art. 96), 64 Stat. 136. Any member of the armed forces who before or in the presence of the enemy (1) runs away; (2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; (3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) casts away his arms or ammunition; (6) quits his place of duty to plunder or pillage; (7) causes false alarms in any command, unit, or place under control of the armed forces; (8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or (9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle; shall be punished by death or such other punishment as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 69.) HISTORICAL AND REVISION NOTES Apprehension, see sections 807 and 808 of this title. Imposition, see section 809 of this title. SECTION REFERRED TO IN OTHER SECTIONS (1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or (2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 69.) HISTORICAL AND REVISION NOTES SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 882, 937 of this title. § 900. Art. 100. Subordinate compelling surrender Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 70.) Article to be explained, see section 937 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 901. Art. 101. Improper use of countersign Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished by death or such other punishment as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 70.) HISTORICAL AND REVISION NOTES 903(a) 903(b) Source (Statutes at Large) May 5, 1950, ch. 169. §1 (Art. 103), 64 Stat. 138. In subsection (b)(1), the words "of this section" are omitted as surplusage. CROSS REFERENCES Article to be explained, see section 937 of this title. Statute of limitations, see section 843 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 904. Art. 104. Aiding the enemy Any person who (1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 70.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) Revised section Source (U.S. Code) 904 50:698. 902 50:696. May 5, 1950, ch. 169, § 1 (Art. 102), 64 Stat. 137. Source (Statutes at Large) May 5, 1950, ch. 169, § 1 (Art. 104), 64 Stat. 138. CROSS REFERENCES Article to be explained, see section 937 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 903. Art. 103. Captured or abandoned property (a) All persons subject to this chapter shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. CROSS REFERENCES Article to be explained, see section 937 of this title. Enlistment to serve against United States, see sec- Trading with the Enemy Act, see section 16 of Appendix to Title 50, War and National Defense. Federal retirement benefits, forfeiture upon conviction of offenses described hereunder, see section 8312 of Title 5, Government Organization and Employees. Forfeiture of veterans' benefits upon conviction under this section, see section 6105 of Title 38, Veterans' Benefits. Plea of guilty, prohibition against reception, see section 845 of this title. Statute of limitations, see section 843 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title; title 5 section 8312; title 38 section 6105. § 905. Art. 105. Misconduct as prisoner Any person subject to this chapter who, while in the hands of the enemy in time of war (1) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or (2) while in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 71.) HISTORICAL AND REVISION NOTES Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death. (Aug. 10, 1956, ch. 1041, 70A Stat. 71.) HISTORICAL AND REVISION NOTES ry incursion, or who have entered in order to commit sabotage, espionage or other hostile or warlike acts, should be promptly tried in accordance with the law of war; Now, therefore, I, Franklin D. Roosevelt, President of the United States of America and Commander in Chief of the Army and Navy of the United States, by virtue of the authority vested in me by the Constitution and the statutes of the United States, do hereby proclaim that all persons who are subjects, citizens or residents of any nation at war with the United States or who give obedience to or act under the direction of any such nation, and who during time of war enter or attempt to enter the United States or any territory or possession thereof, through coastal or boundary defenses, and are charged with committing or attempting or preparing to commit sabotage, espionage, hostile or warlike acts, or violations of the law of war, shall be subject to the law of war and to the jurisdiction of military tribunals; and that such persons shall not be privileged to seek any remedy or maintain any proceeding directly or indirectly, or to have any such remedy or proceeding sought on their behalf, in the courts of the United States, or of its States, territories, and possessions, except under such regulations as the Attorney General, with the approval of the Secretary of War, may from time to time prescribe. CROSS REFERENCES Aliens likely to engage in espionage, exclusion, apprehension and deportation, see sections 1182, 1225, 1251 and 1327 of Title 8, Aliens and Nationality. Article to be explained, see section 937 of this title. Communist-action organization, members of, see section 843 of Title 50, War and National Defense. Espionage and censorship, see section 792 et seq. of Title 18, Crimes and Criminal Procedure. Federal retirement benefits, forfeiture upon conviction of offenses described hereunder, see section 8312 of Title 5, Government Organization and Employees. Forfeiture of veterans' benefits upon conviction under this section, see section 6105 of Title 38, Veterans' Benefits. Plea of guilty, prohibition against reception, see section 845 of this title. SECTION REFERRED TO IN Other SectIONS This section is referred to in section 937 of this title; title 5 section 8312; title 38 section 6105. § 906a. Art. 106a. Espionage (a)(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, anything described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a courtmartial may direct. (2) An entity referred to in paragraph (1) is— (A) a foreign government; (B) a faction or party or military or naval force within a foreign country, whether rec ognized or unrecognized by the United States; or (C) a representative, officer, agent, employee, subject, or citizen of such a government, faction, party, or force. (3) A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense. (b)(1) No person may be sentenced by courtmartial to suffer death for an offense under this section (article) unless (A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and (B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out in subsection (c). (2) Findings under this subsection may be based on (A) evidence introduced on the issue of guilt or innocence; (B) evidence introduced during the sentencing proceeding; or (C) all such evidence. (3) The accused shall be given broad latitude to present matters in extenuation and mitigation. (c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: (1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute. (2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security. (3) In the commission of the offense, the accused knowingly created a grave risk of death to another person. (4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (article 36). (Added Pub. L. 99-145, title V, § 534(a), Nov. 8, 1985, 99 Stat. 634.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 8312. § 907. Art. 107. False official statements Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 71.) Article to be explained, see section 937 of this title. Fraud and false statements, Federal offenses, see section 1001 et seq. of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 908. Art. 108. Military property of United StatesLoss, damage, destruction, or wrongful disposi tion Any person subject to this chapter who, without proper authority (1) sells or otherwise disposes of; (2) willfully or through neglect damages, destroys, or loses; or (3) willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States, shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 71.) Article to be explained, see section 937 of this title. Federal offenses Government property, malicious mischief, see sec- Public money, property or records, embezzlement Individual equipment, unauthorized disposition, see sections 4836, 9836 of this title. Statute of limitations, see section 843 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 909. Art. 109. Property other than military property of United States-Waste, spoilage, or destruction Any person subject to this chapter who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States shall be punished as a courtmartial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 71.) AMENDMENTS 1993-Par. (2). Pub. L. 103-160 inserted "or more" after "0.10 grams” in two places. 1992-Pub. L. 102-484 substituted “operation of a vehicle, aircraft, or vessel" for "driving" in section catchline and amended text generally. Prior to amendment, text read as follows: "Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in section 912a(b) of this title (article 112a(b)), shall be punished as a court-martial may direct." 1986-Pub. L. 99-570 inserted "or while impaired by a substance described in section 912a(b) of this title (article 112a(b)),". EFFECTIVE Date of 1993 AMENDMENT Section 576(b) of Pub. L. 103-160 provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if included in the amendment to section 911 of title 10, United States Code, made by section 1066(a)(1) of Public Law 102-484 on October 23, 1992." EFFECTIVE Date of 1992 AMENDMENT Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 of Pub. L. 102-484, set out as a note under section 803 of this title. CROSS REFERENCES Article to be explained, see section 937 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 911. Art. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel Any person subject to this chapter who (1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a(b) of this title (article 112a(b)), or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is 0.10 grams or more of alcohol per 100 milliliters of blood or 0.10 grams or more of alcohol per 210 liters of breath, as shown by chemical analysis, shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 72; Oct. 27, 1986, Pub. L. 99-570, title III, § 3055, 100 Stat. 3207-76; Oct. 23, 1992, Pub. L. 102-484, div. A, title X, 1066(a)(1), 106 Stat. 2506; Nov. 30, 1993, Pub. L. 103-160, div. A, title V, § 576(a), 107 Stat. 1677.) CROSS REFERENCES |