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. § 888. Art. 88. Contempt toward officials Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct (Aug. 10, 1956, ch. 1041, 70A Stat. 67; Dec. 12, 1980, Pub. L. 96-513, title V, § 511(25), 94 Stat. 2922.) HISTORICAL AND REVISION NOTES Source (Statutes at Large) The word "commissioned" is inserted for clarity. 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. § 890. Art. 90. Assaulting or willfully disobeying superior commissioned officer Any person subject to this chapter who (1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or (2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 68.) HISTORICAL AND REVISION NOTES The word "commissioned" is inserted for clarity. The words "the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of the Treasury, or the Governor or legislature of any State, Territory, Commonwealth, or possession" are substituted for the words "Vice President, Congress, Secretary of Defense, or a Secretary of a Department, a Governor or a legislature of any State, Territory, or other possession of the United States". AMENDMENTS 1980-Pub. L. 96-513 substituted "Secretary of Transportation" for "Secretary of the Treasury". EFFECTIVE DATE OF 1980 Amendment Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 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. § 889. Art. 89. Disrespect toward superior commissioned officer Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a courtmartial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 67.) The word "commissioned" is inserted for clarity. CROSS REFERENCES Article to be explained, see section 937 of this title. Assault as Federal offense, see section 111 et seq. of Title 18, Crimes and Criminal Procedure. 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. § 891. Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 68.) 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. § 892. Art. 92. Failure to obey order or regulation Any person subject to this chapter who (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 68.) HISTORICAL AND REVISION NOTES any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a courtmartial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 68.) Source (Statutes at Large) May 5, 1950, ch. 169, § 1 (Art. 94), 64 Stat. 136. In subsection (a)(1) and (2), the words "or persons" are omitted, since, under section 1 of title 1, words importing the singular may apply to several persons. In subsection (a)(3), the word "a" is substituted for the words "an offense of". The words "commissioned officer" are inserted after the word "superior", for clarity. CROSS REFERENCES Article to be explained, see section 937 of this title. Federal offenses Advocating overthrow of Government, see section 2385 of Title 18, Crimes and Criminal Procedure. Mutiny affecting armed forces generally and during war, see sections 2387 and 2388 of Title 18. Mutiny of seamen, see sections 2192, 2193 of Title 18. Seditious conspiracy, see section 2384 of Title 18. Forfeiture of veterans' benefits upon conviction under this section, see section 3505 of Title 38, Veterans' Benefits. Plea of guilty, prohibition against reception, see section 845 of this title. Solicitation of offense, see section 882 of this title. Statute of limitations, see section 843 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 882, 937 of this title; title 38 section 3505. § 895. Art. 95. Resistance, breach of arrest, and escape Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 69.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 898. Art. 98. Noncompliance with procedural rules Any person subject to this chapter who(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 (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.) 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. § 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 902 CROSS REFERENCES Article to be explained, see 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. (b) Any person subject to this chapter who(1) fails to carry out the duties prescribed in subsection (a); (2) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or (3) engages in looting or pillaging; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 70.) HISTORICAL AND REVISION NOTES Article to be explained, see 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.) CROSS REFERENCES Article to be explained, see section 937 of this title. Federal offenses Enlistment to serve against United States, see section 2390 of Title 18, Crimes and Criminal Procedure. Recruiting for service against United States, see section 2389 of Title 18. 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 3505 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 3505. § 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 Article to be explained, see section 937 of this title. Cruelty and maltreatment, see section 893 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 937 of this title. § 906. Art. 106. Spies 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 906 The words "of the United States" are omitted as surplusage. PROCLAMATION No. 2561. ENEMIES DENIED ACCESS TO UNITED STATES COURTS Proc. No. 2561, July 2, 1942, 7 F.R. 5101, 56 Stat. 1964, provided: Whereas the safety of the United States demands that all enemies who have entered upon the territory of the United States as part of an invasion or predatory 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 3505 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 3505. |