877. 77. Principals
878. 78. Accessory after the fact
879. 79. Conviction of lesser included offense.
880. 80. Attempts
881. 81. Conspiracy.
882. 82. Solicitation.
883. 83. Fraudulent enlistment, appointment, or separation.
884. 84. Unlawful enlistment, appointment, or separation.
885. 85. Desertion.
886. 86. Absence without leave.
887. 87. Missing movement.
888. 88. Contempt toward officials.
889. 89. Disrespect toward superior commissioned officer
890. 90. Assaulting or willfully disobeying superior
commissioned officer.
891. 91. Insubordinate conduct toward warrant officer,
noncommissioned officer, or petty officer.
892. 92. Failure to obey order or regulation.
893. 93. Cruelty and maltreatment.
894. 94. Mutiny or sedition.
895. 95. Resistance, breach of arrest, and escape.
896. 96. Releasing prisoner without proper authority.
897. 97. Unlawful detention.
898. 98. Noncompliance with procedural rules.
899. 99. Misbehavior before the enemy.
900. 100. Subordinate compelling surrender.
901. 101. Improper use of countersign.
902. 102. Forcing a safeguard.
903. 103. Capture or abandoned property.
904. 104. Aiding the enemy.
905. 105. Misconduct as prisoner.
906. 106. Spies.
907. 107. False official statements.
908. 108. Military property of United States--Loss,
damage, destruction, or wrongful disposition.
909. 109. Property other than military property of the
United States-- Waste, spoilage, or destruction.
910. 110. Improper hazarding of vessel.
911. 111. Drunken or reckless driving.
912. 112. Drunk on duty.
912a. 112a. Wrongful use, possession, etc., of controlled
substances.
913. 113. Misbehavior of sentinel.
914. 114. Dueling.
915. 115. Malingering.
916. 116. Riot or breach of peace.
917. 117. Provoking speeches or gestures.
918. 118. Murder.
919. 119. Manslaughter.
920. 120. Rape and carnal knowledge.
921. 121. Larceny and wrongful appropriation.
922. 122. Robbery.
923. 123. Forgery.
923a. 123a. Making, drawing, or uttering check, draft, or
order without sufficient funds.
924. 124. Maiming.
925. 125. Sodomy.
926. 126. Arson.
927. 127. Extortion.
928. 128. Assault.
929. 129. Burglary.
930. 130. Housebreaking.
931. 131. Perjury.
932. 132. Frauds against the United States.
933. 133. Conduct unbecoming an officer and a gentleman.
934. 134. General Article.
. 877. ART. 77. PRINCIPALS
Any person punishable under this chapter who--
(1) commits an offense punishable by this chapter, or aids,
abets, counsels, commands, or procures its commission or
(2) causes an act to be done which if directly performed by
him would be punishable by this chapter, is a principal.
878. ART. 78. ACCESSORY AFTER THE FACT
Any person subject to this chapter who, knowing that an offense
punishable by this chapter has been committed, receives,
comforts, or assists the offender in order to hinder or prevent
his apprehension, trial, or punishment shall be punished as a
court-martial may direct.
879. ART. 79. CONVICTION OF LESSER OFFENSE
An accused may be found guilty of an offense necessarily
included in the offense charged or of an attempt to commit either
the offense charged or an offense necessarily included therein.
880. ART. 80. ATTEMPTS
(a) An act, done with specific intent to commit an offense
under this chapter, amounting to more than mere preparation and
tending, even though failing, to effect its commission, is an
attempt to commit that offense.
(b) Any person subject to this chapter who attempts to commit
any offense punishable by this chapter shall be punished as a
court-martial may direct, unless otherwise specifically
prescribed.
(c) Any person subject to this chapter may be convicted of an
attempt to commit an offense although it appears on the trial
that the offense was consummated.
881. ART. 81. CONSPIRACY
Any person subject to this chapter who conspires with any other
person to commit an offense under this chapter shall, if one or
more of the conspirators does an act to effect the object of the
conspiracy, be punished as a court-martial may direct.
882. ART. 82. SOLICITATION
(a) Any person subject to this chapter who solicits or advises
another or others to desert in violation of section 885 of this
title (article 85) or mutiny in violation of section 894 of this
title (article 94) shall, if the offense solicited or advised is
attempted or committed, be punished with the punishment provided
for the commission of the offense, but, if the offense solicited
or advised is not committed or attempted, he shall be punished as
a court-martial may direct.
(b) Any person subject to this chapter who solicits or advises
another or others to commit an act or misbehavior before the
enemy in violation of section 899 of this title (article 99) or
sedition in violation of section 894 of this title (article 94)
shall, if the offense solicited or advised is committed, be
punished with the punishment provided for the commission of the
offense, but, if the offense solicited or advised is not
committed, he shall be punished as a court-martial may direct.
883. ART. 83. FRAUDULENT ENLISTMENT, APPOINTMENT, OR
SEPARATION
Any person who--
(1) procures his own enlistment or appointment in the armed
forces by knowingly false representation or deliberate
concealment as to his qualifications for the enlistment or
appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the armed forces by
knowingly false representation or deliberate concealment as to
his eligibility for that separation;
shall be punished as a court-martial may direct.
884. ART. 84. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION
Any person subject to this chapter who effects an enlistment or
appointment in or a separation from the armed forces of any
person who is known to him to be ineligible for that enlistment,
appointment, or separation because it is prohibited by law,
regulation, or order shall be punished as a court-martial may
direct.
885. ART. 85. DESERTION
(a) Any member of the armed forces who--
(1) without authority goes or remains absent from his unit,
organization, or place of duty with intent to remain away
therefrom permanently;
(2) quits his unit, organization, or place of duty with
intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the armed
forces enlists or accepts an appointment in the same or another
on of the armed forces without fully disclosing the fact that he
has not been regularly separated, or enters any foreign armed
service except when authorized by the United States; is guilty of
desertion.
(b) Any commissioned officer of the armed forces who, after
tender of his resignation and before notice of its acceptance,
quits his post or proper duties without leave and with intent to
remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert
shall be punished, if the offense is committed in time of war, by
death or such other punishment as a court-martial may direct, but
if the desertion or attempt to desert occurs at any other time,
by such punishment, other than death, as a court-martial may
direct.
866. ART. 86. ABSENCE WITHOUT LEAVE
Any member of the armed forces who, without authority--
(1) fails to go to his appointed place of duty at the time
prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit,
organization, or place of duty at which he is required to be at
the time prescribed; shall be punished as a court-martial may
direct.
Is
887. ART. 87. MISSING MOVEMENT
Any person subject to this chapter who through neglect or
design misses the movement of a ship, aircraft, or unit with
which he is required in the course of duty to move shall be
punished as a court-martial may direct.
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.
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
court-martial may direct.
809. 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 officer; 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.
(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.
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 any
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.
893. ART. 93. CRUELTY AND MALTREATMENT
Any person subject to this chapter who is guilty of cruelty
toward, or oppression or maltreatment of, any person subject to
his orders shall be punished as a court-martial may direct.
894. ART. 94. MUTINY OR SEDITION
(a) Any person subject to this chapter who--
(1) with intent to usurp or override lawful military
authority, refuses, in concert with 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 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 court-
martial may direct.
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 shall be punished as a
court-martial may direct.
896. ART. 96. RELEASING PRISONER WITHOUT PROPER AUTHORITY
Any person subject to this chapter who, without proper
authority, releases 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 direct, whether or not
the prisoner was committed in strict compliance with law.
897. ART. 97. UNLAWFUL DETENTION
Any person subject to this chapter who, except as provided by
law, arrests, or confines any person shall be punished as a court-
martial may direct.
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.
899. ART. 99. MISBEHAVIOR BEFORE THE ENEMY
Any person subject to this chapter 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 punishment as a court-
martial may direct.
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 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 any enemy without proper authority, shall be punished by
death or such other punishment as a court-martial may direct.
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.
902. ART. 102. FORCING A SAFEGUARD
Any person subject to this chapter forces a safeguard shall
suffer death or such other punishment as a court-martial may
direct.
903. ART. 103. CAPTURED OR ABANDONED PROPERTY
(a) All persons subject to this chapter will 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);
(a) 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 a 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.
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.
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 maltreat
them without justifiable cause;
shall be punished as a court-martial may direct.
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 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.
906a. ART. 106a. 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 communicate,
deliver, or transmit, to any entity described in paragraph (2),
either directly or indirectly, any thing described in paragraph
(3) shall be punished as a court-martial may direct, except that
if the accused is found guilty of an offense that directly
concerns (A) nuclear weaponry, military spacecraft or satellites,
early warning systems, or other means of defense or retaliation
against large scale attack, (B) war plans, (C) communications
intelligence or cryptographic information, or (D) any other major
weapons system or major element of defense strategy, the accused
shall be punished by death or such other punishment as a court-
martial may direct.
(2) An entity referred to in paragraph (1) is--
(A) a foreign government;
(B) a faction or party or military force within a
foreign country, whether recognized or unrecognized by
the United States
(C) a representative, officer, agent, employee,
subject, or citizen of such government, faction, party,
or force.
(3) A thing refereed to in paragraph (1) is a document,
writing, code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, note, instrument,
appliance or information relating to the national defense.
(b) (1) No person may be sentenced by court-martial to
suffer death for an offense under this section (article) unless--
(A) the members of the court-martial unanimously
find at least one of the aggravating factors set
out in subsection (c); and
(B) the members unanimously determine that any
extenuating or mitigating circumstances are
substantially outweighed by any aggravating
circumstances, including the aggravating factors
set out under subsection (c).
(2) Findings under this subsection may be based on--
(A) evidence introduced on the issue of guilt or
innocence;
(B) evidence introduced during the sentencing
proceeding; or
(C) all such evidence.
(3) The accused shall be given broad latitude to
present matters in extenuation and mitigation.
(c) A sentence of death may be adjudged by a court-martial for
an offense under this section (article) only if the members
unanimously find, beyond a reasonable doubt, one or more of the
following aggravating factors:
(1) The accused has been convicted of another offense
involving espionage or treason for which either a sentence of
death or imprisonment for life was authorized by statute.
(2) In the commission of the offense, the accused knowingly
created a grave risk of substantial damage to the national
security.
(3) In the commission of the offense, the accused knowingly
created a grave risk of death to another person.
(4) Any other factor that may be prescribed by the President
by regulations under section 836 of this title (Article 36).
907. ART. 107. FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive,
signs any false record, return, regulation, order, or other
official document, knowing it to be false, or makes any other
false official statement knowing it to be false, shall be
punished as a court-martial may direct.
908. ART. 108. MILITARY PROPERTY OF UNITED STATES-LOSS,
DAMAGE, DESTRUCTION, OR WRONGFUL DISPOSITION
Any person subject to this chapter who, without proper
authority--
(1) sells or otherwise disposes of;
(2) willfully ore through neglect damages, destroys, or
loses; or
(3) willfully or through neglect suffers to be lost,
damaged, sold, or wrongfully disposed of;
any military property of the United States, shall be punished
as a court-martial may direct.
909. ART. 109. PROPERTY OTHER THAN MILITARY PROPERTY OF UNITED
STATES - WASTE, SPOILAGE, OR DESTRUCTION
Any person subject to this chapter who willfully or recklessly
wastes, spoils, or otherwise willfully and wrongfully destroys or
damages any property other than military property of the United
States shall be punished as a court-martial may direct.
910. ART 110. IMPROPER HAZARDING OF VESSEL
(a) Any person subject to this chapter who willfully and
wrongfully hazards or suffers to be hazarded any vessel of the
armed forces shall suffer death or such punishment as a court-
martial may direct.
(b) Any person subject to this chapter who negligently hazards
or suffers to be hazarded any vessel of the armed forces shall be
punished as a court-martial may direct.
* 911. ART. 111. DRUNKEN OR RECKLESS DRIVING
Any person subject to this chapter who operates any vehicle
while drunk, or in a reckless or wanton manner, or while impaired
by a substance described in section 912a(b) of this title
(article 112a(b)), shall be punished as a court-martial may
direct.
912. ART. 112. DRUNK ON DUTY
Any person subject to this chapter other than a sentinel or
look-out, who is found drunk on duty, shall be punished as a
court-martial may direct.
912a. ART. 112a. WRONGFUL USE, POSSESSION, ETC., OF CONTROLLED
SUBSTANCES
(a) Any person subject to this chapter who wrongfully uses,
possesses, manufactures, distributes, imports into the customs
territory of the United States, exports form the United States,
or introduces into an installation, vessel, vehicle, or aircraft
used by or under the control of the armed forces a substance
described in subsection (b) shall be punished as a court-martial
may direct.
(b) The substances refereed to in subsection (a) are the
following:
(1) opium, heroin, cocaine, amphetamine, lysergic acid
diethylamide, methamephetamine, penecyclidine, barbituric acid,
and marijuana, and any compound or derivative of any such
substance.
(2) Any substance not specified in clause (1) that is listed
on a scheduile of controlled substances prescribed by the
President for the purposes of this article.
(3) Any other substance not specified in clause (1) or
contained on a list prescribed by the President under clause (2)
that is listed in Schedules I through V of section 202 of the
Controlled Substances Act (21 U.S.C. 812).
913. ART. 113. MISBEHAVIOR OF A SENTINEL OR LOOKOUT
Any sentinel or look-out who is found drunk or sleeping upon
his post, or leaves it before he is regularly relieved, shall be
punished, if the offense is committed in time of war, by death or
such other punishment as a court-martial may direct, by if the
offense is committed at any other time, by such punishment other
than death as court-martial may direct.
914. ART. 114. DUELING
Any person subject to this chapter who fights or promotes, or
is concerned in or connives at fighting a duel, or who, having
knowledge of a challenge sent or about to be sent, fails to
report the fact promptly to the proper authority, shall be
punished as a court-martial may direct.
915. ART 115. MALINGERING
Any person subject to this chapter who for the purpose of
avoiding work, duty, or service--
(1) feigns illness, physical disablement, mental lapse or
derangement; or
(2) intentionally inflects self-injury;
shall be punished as a court-martial may direct.
916. ART. 116. RIOT OR BREACH OF PEACE
Any person subject to this chapter who causes or participates
in any riot or breach of the peace shall be punished as a court-
martial may direct.
917. ART. 117. PROVOKING SPEECHES OR GESTURES
Any person subject to this chapter who uses provoking or
reproachful words or gestures towards any other person subject to
this chapter shall be punished as a court-martial may direct.
918. ART. 118. MURDER
Any person subject to this chapter whom without
justification or excuse, unlawfully kills a human being, when he-
-
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to
others and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration
of burglary, sodomy, rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a
court-martial may direct, except that if found guilty under
clause (1) or (4), he shall suffer death or imprisonment for life
as a court-martial may direct.
919. ART. 191. MANSLAUGHTER
(a) Any person subject to this chapter who, with an intent to
kill or inflict great bodily harm, unlawfully kills a human being
in the heat of sudden passion caused by adequate provocation is
guilty of voluntary manslaughter and shall be punished as a court-
martial may direct.
(b) Any person subject to this chapter who, without an intent
to kill or inflict great bodily harm, unlawfully kills a human
being--
(1) by culpable negligence; or
(2) while perpetrating or attempting to perpetrate an
offense, other than those named in clause (4) of section 918 of
this title (article 118), directly affecting the person;
is guilty of involuntary manslaughter and shall be punished as
a court-martial may direct.
920. ART. 120. RAPE AND CARNAL KNOWLEDGE
(a) Any person subject to this chapter who commits an act of
sexual intercourse with a female not his wife, by force and
without consent, is guilty of rape and shall be punished by death
or such other punishment as a court-martial may direct.
(b) Any person subject to this chapter who, under circumstances
not amounting to rape, commits an act of sexual intercourse with
a female not his wife who has not attained the age of sixteen
years, is guilty of carnal knowledge and shall be punished as a
court-martial may direct.
(c) Penetration, however slight, is sufficient to complete
either of these offenses.
921. ART. 121. LARCENY AND WRONGFUL APPROPRIATION
(a) Any person subject to this chapter who wrongfully takes,
obtains, or withholds, by any means, from the possession of the
owner or of any other person any money, personal property, or
article of value of any kind--
(1) with intent permanently to deprive or defraud another
person of the use and benefit of property or to appropriate it to
his won use or the use of any person other than the owner, steals
that property and is guilty of larceny; or
(2) with intent to temporarily to deprive or defraud another
person of the use and benefit of property or to appropriate to
his own use the use of any person other than the owner, is guilty
of wrongful appropriation.
(b) Any person found guilty of larceny or wrongful
appropriation shall be punished as a court-martial may direct.
922. ART. 122. ROBBERY
Any person subject to this chapter who with intent to steal
takes anything of value from the person or in the presence of
another, against his will, by means of force or violence or fear
of immediate or future injury to his person or property or to the
person or property of a relative or member of his family or of
anyone in his company at the time of the robbery, is guilty of
robbery and shall be punished as a court-martial may direct.
923. ART. 123. FORGERY
Any person subject to this chapter who, with intent to defraud-
-
(1) falsely makes or alters any signature, to, or any part
of, any writing which would, if genuine, apparently impose a
legal liability on another or change his legal right or liability
to his prejudice; or
(2) utters, offers, issues, or transfers such a writing,
known by him to be so made or altered;
is guilty of forgery and shall be punished as a court-martial
may direct.
923a. ART. 123a. MAKING, DRAWING, OR UTTERING CHECK, DRAFT, OR
ORDER WITHOUT SUFFICIENT FUNDS
Any person subject to this chapter who--
(1) for the procurement of any article or thing of value,
with intent to defraud; or
(2) for the payment of any past due obligation, or for any
other purpose, with intent to deceive;
makes, draws, utters, or delivers any check, draft, or order
for the payment of money upon any bank or other depository,
knowing at the time that the maker or drawer has not or will not
have sufficient funds in, or credit with, the bank or other
depository for the payment of that check, draft, or order in full
presentment, shall be punished as a court-martial may direct.
The making, drawing, uttering, or delivering by a maker or drawer
of a check, draft, or order, payment of which is refused by the
drawee because of insufficient funds of the maker or drawer in
the drawee's possession or control, is prima facie evidence of
his intent to defraud or deceive and of his knowledge of
insufficient funds in, or credit with, that bank or other
depository, unless the maker or drawer pays the holder the amount
due within five days after receiving notice , orally or in
writing, that the check, draft, or order was not paid on
presentment. in this section the word "credit" means an
arrangement or understanding , express or implied, with the bank
or other depository for the payment of that check, draft, or
order.
924. ART. 124. MAIMING
Any person subject to this chapter who, with intent to injure,
disfigure, or disable, inflicts upon the person of another an
injury which--
(1) seriously disfigures his person by a mutilation thereof;
(2) destroys or disables any member or organ of his body; or
(3) seriously diminishes his physical vigor by the injury of
any member or organ;
is guilty of maiming and shall be punished as a court-martial
may direct.
925. ART. 125. SODOMY
(a) Any person subject to this chapter who engages in unnatural
carnal copulation with another person of the same or opposite sex
or with an animal is guilty of sodomy. Penetration , however
slight, is sufficient to complete the offense.
(b) Any person found guilty of sodomy shall be punished as a
court-martial may direct.
926. ART. 126. ARSON
(a) Any person subject to this chapter who willfully and
maliciously burns or sets on fire an inhabited dwelling, or any
other structure, movable or immovable, wherein to the knowledge
of the offender there is at the time a human being, is guilty of
aggravated arson and shall be punished as a court-martial may
direct.
(b) Any person subject to this chapter who willfully and
maliciously burns or sets fire to the property of another, except
as provided in subsection (a), is guilty of simple arson and
shall be punished as a court-martial may direct.
927. ART. 127. EXTORTION
Any person subject to this chapter who communicates threats to
another person with the intention thereby to obtain anything of
value or any acquittance, advantage, or immunity is guilty of
extortion and shall be punished as a court-martial may direct.
928. ART. 128. ASSAULT
(a) Any person subject to this chapter who attempts or offers
with unlawful force or violence to do bodily harm to another
person, whether or not the attempt or offer is consummated, is
guilty of assault and shall be punished as a court-martial may
direct.
(b) Any person subject to this chapter who--
(1) commits an assault with a dangerous weapon or other
means or force likely to produce death or grievous bodily harm;
or
(2) commits an assault and intentionally inflicts grievous
bodily harm with or without a weapon;
is guilty of aggravated assault and shall be punished as a
court-martial may direct.
929. ART. 129. BURGLARY
Any person subject to this chapter who, with intent to commit
an offense punishable under section 918-929 of this title
(article 118-128), breaks and enters, in the nighttime, the
dwelling house of another, is guilty of burglary and shall be
punished as a court-martial may direct.
930. ART. 130. HOUSEBREAKING
Any person subject to this chapter who unlawfully enters the
building or structure of another with intent to commit a criminal
offense therein is guilty of housebreaking and shall be punished
as a court-martial may direct.
931. ART. 131. PERJURY
Any person subject to this chapter who in a judicial proceeding
or in a course of justice willfully and corruptly--
(1) upon a lawful oath or in a form allowed by law to be
substituted for an oath, gives any false testimony material to
the issue or matter of inquiry; or
(2) in any declaration, certificate, verification, or
statement under penalty or perjury as permitted under section
1746 of title 28, United States Code, subscribes any false
statement material to the issue or matter of inquiry;
is guilty of perjury and shall be punished as a court-martial
may direct.
932. ART. 132. FRAUDS AGAINST THE UNITED STATES
Any person subject to this chapter--
(1) who, knowing it to be false or fraudulent--
(A) makes any claim against the United States or any
officer thereof; or
(B) presents to any person in the civil or military
service thereof, for approval or payment, any claim
against the United States or any officer thereof;
(2) who, for the purpose of obtaining the approval,
allowance, or payment of any claim against the United States or
any officer thereof
(A) makes or uses any writing or other paper knowing it
to contain false or fraudulent statements;
(B) makes any oath to any fact or to any writing or
other paper knowing the oath to be false; or
(C) forges or counterfeits any signature upon any
writing or other paper, or uses any such signature
knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody, or control of
any money, or other property or the United States, furnished or
intended for the armed forces thereof, knowingly delivers to any
person having authority to receive it, any amount thereof less
than that for which he receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper
certifying the receipt of any property of the United States
furnished or intended for the armed forces thereof, makes or
delivers to any person such writing without having full knowledge
of the truth of the statements therein contained and with intent
to defraud the United States;
shall, upon conviction, be punished as a court-martial may
direct.
1 933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted
of conduct unbecoming an officer and a gentleman shall be
punished as a court-martial may direct.
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all
disorders and neglects to the prejudice of good order and
discipline in the armed forces, all conduct of a nature to bring
discredit upon the armed forces, and crimes and offenses not
capital, of which persons subject to this chapter may be guilty,
shall be taken cognizance of by a general, special or summary
court-martial, according to the nature and degree of the offense,
and shall be punished at the discretion of that court.
