UCMJ – United States Code of Military Justice

904. ARTICLE 104. AIDING THE ENEMY

by on Jul.21, 2010, under 10. Punitive Articles

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.

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Structure

by on Jul.22, 2010, under

The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code.

Subchapter Title Section Article
I General Provisions § 801 1
II Apprehension and Restraint § 807 7
III Non-Judicial Punishment § 815 15
IV Court-Martial Jurisdiction § 816 16
V Composition of Courts-Martial § 822 22
VI Pre-Trial Procedure § 830 30
VII Trial Procedure § 836 36
VIII Sentences § 855 55
IX Post-Trial Procedure and Review of Courts-Martial § 859 59
X Punitive Articles § 877 77
XI Miscellaneous Provisions § 935 135
XII Court of Appeals for the Armed Forces § 941 141

General Provisions

Subchapter I, "General Provisions" has six sections (articles):

Section Article Title
§ 801 1 Definitions
§ 802 2 Persons subject to this chapter
§ 803 3 Jurisdiction to try certain personnel
§ 804 4 Dismissed officer’s right to trial by court-martial
§ 805 5 Territorial applicability of this chapter
§ 806 6 Judge advocates and legal officers
§ 806a 6a Investigation and disposition of matters pertaining to the fitness of military judges

Article 1, "Definitions", defines terms used in the rest of the UCMJ: "Judge Advocate General", "the Navy, the Marine Corps and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force", "officer in charge", "superior commissioned officer", "cadet", "midshipman", "military", "accuser", "military judge", "law specialist", "legal officer", "judge advocate", "record", "classified information" and "national security".10 U.S.C. § 801 (Article 1. Definitions)

Pre-Trial Procedure

Section Article Title
§ 830. 30 Charges and specifications
§ 831 31 Compulsory self-incrimination prohibited
§ 832 32 Investigation
§ 833 33 Forwarding of charges
§ 834 34 Advice of staff judge advocate and reference for trial
§ 835 35 Service of charges

Under Article 31, coercive self-incrimination is prohibited as a right under the Fifth Amendment. Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning. Article 31 was already well-established before Miranda.

Article 32 refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. It may be conducted by a Judge Advocate General officer or non JAG officer.

Punitive Articles

Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:

Section Article Title
§ 877 77 Principals
§ 878 78 Accessory after the fact
§ 879 79 Conviction of lesser included offense.
§ 880 80 Attempts
§ 881 81 Conspiracy
§ 882 82 Solicitation
§ 883 83 Fraudulent enlistment, appointment, or separation
§ 884 84 Unlawful enlistment, appointment, or separation
§ 885 85 Desertion
§ 886 86 Absence without leave
§ 887 87 Missing movement
§ 888 88 Contempt toward officials
§ 889 89 Disrespect toward superior commissioned officer
§ 890 90 Assaulting or willfully disobeying superior commissioned officer
§ 891 91 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
§ 892 92 Failure to obey order or regulation
§ 893 93 Cruelty and maltreatment
§ 894 94 Mutiny or sedition
§ 895 95 Resistance, flight, breach of arrest, and escape
§ 896 96 Releasing prisoner without proper authority
§ 897 97 Unlawful detention
§ 898 98 Noncompliance with procedural rules
§ 899 99 Misbehavior before the enemy
§ 900 100 Subordinate compelling surrender
§ 901 101 Improper use of countersign
§ 902 102 Forcing a safeguard
§ 903 103 Captured or abandoned property
§ 904 104 Aiding the enemy
§ 905 105 Misconduct as prisoner
§ 906 106 Spies
§ 906a 106a Espionage
§ 907 107 False official statements
§ 908 108 Military property of United States—Loss, damage, destruction, or wrongful disposition
§ 909 109 Property other than military property of United States—waste, spoilage, or destruction
§ 910 110 Improper hazarding of vessel
§ 911 111 Drunken or reckless operation of a vehicle, aircraft, or vessel
§ 912 112 Drunk on duty
§ 912a 112a Wrongful use, possession, etc., of controlled substances
§ 913 113 Misbehavior of sentinel
§ 914 114 Dueling
§ 915 115 Malingering
§ 916 116 Riot or breach of peace
§ 917 117 Provoking speeches or gestures
§ 918 118 Murder
§ 919 119 Manslaughter
§ 919 119a Death or injury of an unborn child
§ 920 120 Rape and carnal knowledge
§ 920a 120a Stalking
§ 921 121 Larceny and wrongful appropriation
§ 922 122 Robbery
§ 923 123 Forgery
§ 923a 123a Making, drawing, or uttering check, draft, or order without sufficient funds
§ 924 124 Maiming
§ 925 125 Sodomy
§ 926 126 Arson
§ 927 127 Extortion
§ 928 128 Assault
§ 929 129 Burglary
§ 930 130 Housebreaking
§ 931 131 Perjury
§ 932 132 Frauds against the United States
§ 933 133 Conduct unbecoming an officer and a gentleman
§ 934 134 General article

Note that Article 134 encompasses offenses that are not specifically listed in the Manual for Courts-Martial: all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty. Article 134 is often considered to be a "catch-all" for various offenses that aren’t necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, abusing public animal, adultery, bigamy, bribery and graft, drinking liquor with prisoner, fleeing scene of accident, fraternization, gambling with subordinate, et al. It reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.

 

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