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 or confinement shall be
punished as a court-martial may direct.
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.
Art. 97. Unlawful Detention
Any person subject to this chapter who,
except as provided by law, apprehends, arrests,
or confines any person shall be punished as a
court-martial may direct.
Art. 98. Noncompliance with Procedural Rules
Any person subject to this chapter who—
(1) is responsible for unnecessary delay in
the deposition 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.
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 other
punishment as a court-martial may direct.
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.
Although these offenses are similar to mutiny, they
do not require concert of action. The compulsion to
surrender must be by acts, rather than words. To “strike
the colors or flag” is to surrender. The offense is
committed by anyone subject to the UCMJ who assumes
the authority to surrender a military force or position
when that person is not authorized to do so either by
competent authority or by the necessities of battle.
2-25
Student Notes:
