10 U.S.C. § 900 — Art. 100. Subordinate compelling surrender

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 Page 812 TITLE 10—ARMED FORCES § 901 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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 900 .......... 50:694. May 5, 1950, ch. 169, § 1 (Art. 100), 64 Stat. 137. § 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 knowl- edge, he was authorized and required to give, shall be punished by death or such other punish- ment as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 70.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 901 .......... 50:695. May 5, 1950, ch. 169, § 1 (Art. 101), 64 Stat. 137. § 902. Art. 102. Forcing a safeguard Any person subject to this chapter who forces a safeguard shall suffer death or such other pun- ishment as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 70.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 902 .......... 50:696. May 5, 1950, ch. 169, § 1 (Art. 102), 64 Stat. 137. § 903. Art. 103. Spies Any person who in time of war is found lurk- ing 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 in- dustrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death or such other punishment as a court- martial or a military commission may direct. This section does not apply to a military com- mission established under chapter 47A of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 71, § 906; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; re- numbered § 903 and amended Pub. L. 114–328, div. E, title LX, §§ 5401(7), 5414, Dec. 23, 2016, 130 Stat. 2938, 2944.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 906 .......... 50:700. May 5, 1950, ch. 169, § 1 (Art. 106), 64 Stat. 138. The words ‘‘of the United States’’ are omitted as sur- plusage. Editorial Notes PRIOR PROVISIONS A prior section 903 was renumbered section 908a of this title. AMENDMENTS 2016—Pub. L. 114–328, § 5414, inserted ‘‘or such other punishment as a court-martial or a military commis- sion may direct’’ after ‘‘punished by death’’. Pub. L. 114–328, § 5401(7), renumbered section 906 of this title as this section. 2006—Pub. L. 109–366 inserted last sentence. 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. Executive Documents 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 sab- otage, 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 indi- rectly, 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, ex- cept under such regulations as the Attorney General, with the approval of the Secretary of War, may from time to time prescribe. § 903a. Art. 103a. Espionage (a)(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to commu-