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 maltreats them without
justifiable cause; shall be punished as a
court-martial may direct.
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 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.
The words any person brings within the
jurisdiction of courts-martial and military
commissions all persons of whatever nationality or
military or civilian who commit the offense of spying.
Art. 106a. Espionage
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 … either directly or indirectly,
any thing described … shall be punished as a
court-martial may direct, except that if the
accused is found guilty of an offense that
directly concerns nuclear weaponry, military
spacecraft or satellites, early warning systems,
or other means of defense or retaliation against
large scale attack, war plans, communications
intelligence or cryptographic information, or
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.
The term entity can be any of the following:
A foreign government
A faction or party or military force within a
foreign country…
A representative, officer, agent, …. of such
government, faction, party, or force
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.
Several articles of the UCMJ provide for the
punishment of untruths: articles 83 and 84 (fraudulent
and unlawful enlistment, appointment, or separation),
article 107 (false statements), article 131 (perjury), and
article 132 (fraud). You can see how highly truth is
regarded in the military service.
A statement, whether oral or in writing, is official
when it is made pursuant to regulations. A statement is
also official when made in response to a request or
question from one’s commanding officer or a person
acting under the commanding officer’s authority.
Official statements thus include all those made in the
line of duty.
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