906. ARTICLE 106. SPIES
10. Punitive ArticlesAny 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 Unites States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death.
September 25th, 2011 on 5:09 pm
I desire to understand within the context of the UCMJ what/who is considered a spy as described in article 106. The definition being crucial as I am trying to understand if a military member can also be a spy at the same time when performing a treasonous act. The recent case of the soldier who released the WIKI materials comes to mind.
106 seemingly implies that simply being in or about one of the defined areas is sufficient grounds for trial. I am curious as to “as a spy or acting as a spy” being better defined. What constitutes a spy or acting as a spy in so far as actions, deeds, intent,etc.
Edward J Cox
Former Special AGent
AFOSI