10 U.S.C. § 898 — Art. 98. Misconduct as prisoner

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 Stat. 69.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 897 .......... 50:691. May 5, 1950, ch. 169, § 1 (Art. 97), 64 Stat. 137. § 898. Art. 98. 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, cus- tom, 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, § 905; renum- bered § 898, Pub. L. 114–328, div. E, title LX, § 5401(6), Dec. 23, 2016, 130 Stat. 2938.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 905 .......... 50:699. May 5, 1950, ch. 169, § 1 (Art. 105), 64 Stat. 138. Editorial Notes PRIOR PROVISIONS A prior section 898 was renumbered section 931f of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 905 of this title as this section. 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. § 899. Art. 99. Misbehavior before the enemy Any member of the armed forces who before or in the presence of the enemy— (1) runs away; (2) shamefully abandons, surrenders, or de- livers up any command, unit, place, or mili- tary property which it is his duty to defend; (3) through disobedience, neglect, or inten- tional misconduct endangers the safety of any such command, unit, place, or military prop- erty; (4) casts away his arms or ammunition; (5) is guilty of cowardly conduct; (6) quits his place of duty to plunder or pil- lage; (7) causes false alarms in any command, unit, or place under control of the armed forces; (8) willfully fails to do his utmost to encoun- ter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encoun- ter, 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 punish- ment as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 69.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 899 .......... 50:693. May 5, 1950, ch. 169, § 1 (Art. 99), 64 Stat. 137. § 900. Art. 100. Subordinate compelling surrender Any person subject to this chapter who com- pels 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