Art. 105. Misconduct as PrisonerAny person subject to this chapter who,while in the hands of the enemy in time ofwar—(1) for the purpose of securing favorabletreatment by his captors acts without properauthority in a manner contrary to law, custom,or regulation, to the detriment of others ofwhatever nationality held by the enemy ascivilian or military prisoners; or(2) while in a position of authority oversuch persons maltreats them without justifiablecause; shall be punished as a court-martial maydirect.Art. 106. SpiesAny person who in time of war is foundlurking as a spy or acting as a spy in or aboutany place, vessel, or aircraft, within the controlor jurisdiction of any of the armed forces, or inor about any shipyard, any manufacturing orindustrial plant, or any other place or institutionengaged in work in aid of the prosecution of thewar by the United States, or elsewhere, shall betried by a general court-martial or by a militarycommission and on conviction shall bepunished by death.The words any person brings within the jurisdictionof courts-martial and military commissions all personsof whatever nationality or military or civilian whocommit the offense of spying.Art. 106a. EspionageAny person subject to this chapter who,with intent or reason to believe that it is to beused to the injury of the United States or to theadvantage of a foreign nation, communicates,d e l ive r s , o r t r a n s m i t s , o r a t t e m p t s t ocommunicate, deliver, or transmit, to any entitydescribed … either directly or indirectly, anything described … shall be punished as acourt-martial may direct, except that if theaccused is found guilty of an offense thatdirectly concerns nuclear weaponry, militaryspacecraft or satellites, early warning systems,or other means of defense or retaliation againstlarge scale attack, war plans, communicationsintelligence or cryptographic information, orany other major weapons system or majorelement of defense strategy, the accused shallbe punished by death or such other punishmentas a court-martial may direct.The term entity can be any of the following:A foreign governmentA faction or party or military force within aforeign country…A representative, officer, agent, …. of suchgovernment, faction, party, or forceArt. 107. False StatementsAny person subject to this chapter who,with intent to deceive, signs any false record,return, regulation, order, or other officialdocument, knowing it to be false, or makes anyother false official statement knowing it to befalse, shall be punished as a court-martial maydirect.Several articles of the UCMJ provide for thepunishment of untruths: articles 83 and 84 (fraudulentand unlawful enlistment, appointment, or separation),article 107 (false statements), article 131 (perjury), andarticle 132 (fraud). You can see how highly truth isregarded in the military service.A statement, whether oral or in writing, is officialwhen it is made pursuant to regulations. A statement isalso official when made in response to a request orquestion from one’s commanding officer or a personacting under the commanding officer’s authority.Official statements thus include all those made in theline of duty.Art. 108. Military Property of the UnitedStates—Loss, Damage, Destruction, orWrongful DispositionAny person subject to this chapter who, withoutproper authority—2-28Student Notes:
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