UCMJ Article 103b
Aiding the Enemy
The MCM states under Article 103b (Aiding the Enemy) any person may be subject to prosecution if they:
- aid, or attempt to aid, the enemy with arms, ammunition, supplies, money, or other things; or
- without proper authority, knowingly harbor or protect or give intelligence to, or communicate or correspond with or hold any intercourse with the enemy, either directly or indirectly.
The service member may be prosecuted for aiding the enemy if they:
- aided the enemy; and
- did so with certain arms, ammunition, supplies, money, or other things.
In order to be prosecuted for attempting to aid the enemy, it must be demonstrated:
- the accused did a certain overt act;
- the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money, or other things;
- the act amounted to more than mere preparation; and
- the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money, or other things.
Charges of harboring or protecting the enemy may be applicable if:
- the accused, without proper authority, harbored or protected a person;
- the person so harbored or protected was the enemy; and
- the accused knew that the person so harbored or protected was an enemy.
Giving intelligence to the enemy may be charged if:
- the accused, without proper authority, knowingly gave intelligence information to the enemy; and
- the intelligence information was true, or implied the truth, at least in part.
The service member may be charged with communicating with the enemy if:
- the accused, without proper authority, communicated, corresponded, or held intercourse with the enemy; and;
- the accused knew that the accused was communicating, corresponding, or holding intercourse with the enemy.
Understanding Article 103b (Aiding the Enemy) of the UCMJ
Aiding or attempting to aid the enemy refers to the transfer of arms, ammunition, supplies, money, etc. to an enemy, this does not include the furnishing of subsistence, quarters, comforts, or aid that is lawfully entitled to prisoners of war.
Harboring or protecting the enemy requires the enemy is shielded without proper authority and the accused knew the other party was an enemy. Knowledge of the other party being an enemy may be proven through the use of circumstantial evidence.
In order for giving intelligence to the enemy to be applicable, the information provided to the enemy must have been true or implied as true, the accused must have had knowledge the other party was an enemy, and the intelligence provided to the enemy was useful to the enemy. The intelligence may have been conveyed directly or indirectly.
Communicating with the enemy is the unauthorized communication, correspondence, or intercourse with the enemy. The intent, content, and method of communication, correspondence, or intercourse is irrelevant, and the offense is complete the moment the accused issues the communication, correspondence, or intercourse directly or indirectly. The accused must have known the other party was an enemy.
Maximum Possible Punishment for Violations of Article 103b
Anyone convicted of an Article 103b violation face a maximum possible punishment of death or other such punishment a court-martial deems appropriate.
How do you defend against Article 103b Aiding the Enemy charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service.
If you or someone you know is facing Article 103b charges for Aiding the Enemy, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.
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