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10 U.S.C. § 899 — Art. 99. Misbehavior before the enemy
Federal law — U.S. Code and appendices · legal_authorities
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;
(5) is guilty of cowardly conduct;
(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.
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Stable record: federal_law:legal_authorities:record_usc_3b6541c2e9be96355ca814ff
Source file: Laws/federal/codes/united-states-code/title-10/section-899-art-99-misbehavior-before-the-enemy--6a73ed8d6a.md
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Source location: Title 10, Chapter 47, § 899; chapter-047-uniform-code-of-military-justice.md
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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;
(5) is guilty of cowardly conduct;
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Soliciting Commission of Offenses Generally.—** Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct.
**(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before the Enemy.—** Any person subject to this chapter who solicits or advises another to violate [section 885 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section885&num=0&edition=prelim) (article 85), [section 894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section894&num=0&edition=prelim) (article 94), or [section 899 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section899&num=0&edition=prelim) (article 99)—
(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and
(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 882
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 671, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, defined “principal”. See [section 877 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section877&num=0&edition=prelim), Armed Forces.
Section 672, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to accessories after the fact. See [section 878 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section878&num=0&edition=prelim).
Section 673, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, authorized conviction of lesser included offense. See [section 879 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section879&num=0&edition=prelim).
Section 674, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to attempts. See [section 880 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim).
Section 675, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to conspiracy. See [section 881 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim).
Section 676, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to solicitation. See [section 882 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section882&num=0&edition=prelim).
Section 677, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to fraudulent enlistment, appointment, or separation. See [section 883 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section883&num=0&edition=prelim).
Section 678, act May 5, 1950, ch. 169, § 1, 64 Stat. 135, related to unlawful enlistment, appointment, or separation. See [section 884 of Title 10](https://uscode.house.gov/view.xh
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 671 to 728
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Federal law — U.S. Code and appendices · legal_authorities
Page 811
TITLE 10—ARMED FORCES
§ 900
(b) DRINKING WITH PRISONER.—Any person sub-
ject to this chapter who unlawfully drinks any
alcoholic beverage with a prisoner shall be pun-
ished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 69; Pub. L.
114–328, div. E, title LX, § 5413, Dec. 23, 2016, 130
Stat. 2944.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
896 ..........
50:690.
May 5, 1950, ch. 169, § 1
(Art. 96), 64 Stat. 136.
The words ‘‘whether or not the prisoner was com-
mitted in strict compliance with law’’ are substituted
for the word ‘‘duly’’, to reflect the long standing con-
struction expressed in the Manual for Courts-Martial,
United States, 1951, par. 175a.
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328 amended section generally. Prior
to amendment, text read as follows: ‘‘Any person sub-
ject to this chapter who, without proper authority, re-
leases any prisoner committed to his charge, or who
through neglect or design suffers any such prisoner to
escape, shall be punished as a court-martial may di-
rect, whether or not the prisoner was committed in
strict compliance with law.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective on Jan. 1,
2019, as designated by the President, with imple-
menting regulations and provisions relating to applica-
bility to various situations, see section 5542 of Pub. L.
114–328 and Ex. Ord. No. 13825, set out as notes under
section 801 of this title.
§ 897. Art. 97. Unlawful detention
Any person subject to this chapter who, except
as provided by law, apprehends, arrests, or con-
fines any person shall be punished as a court-
martial may direct.
(Aug. 10, 1956, ch. 1041, 70A
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 899
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