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(2) 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 advantage to himself or
another directly or indirectly con-
nected with himself; or
(3) engages in looting or pil-
laging;
shall be punished as a court-martial may
direct.
Immediately upon its capture from the enemy,
public property becomes the property of the
United States. Persons subject to military law have
an immediate duty to take those steps within their
power and functions to secure such property to
the service of the United States. They then have
the duty to protect that property from destruc-
tion or loss.
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 com-
municates 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.
This article applies to all persons whether or not
they are otherwise subject to military law. “Enemy”
denotes citizens as well as members of military
organizations. All the citizens of hostile nations,
as well as their government, are our enemies.
Art. 105. Misconduct as Prisoner
Misconduct covers unauthorized conduct by
a prisoner of war that tends to improve his or her
condition to the detriment of other prisoners.
Such acts may be the reporting of plans to escape
or the reporting of secret caches of food, equip-
ment, or arms. The acts must be related to the
captors and tend to have the probable effect of
bestowing upon the accused some favor with, or
advantage from, the captors. The act of the
accused must be contrary to law, custom, or
regulation. For example, the escape of a prisoner
might result in closer confinement or other
measures against fellow prisoners still in the hands
of the enemy. Such escape, however, is not an
offense under this article, as escape from the
enemy is regarded as authorized by custom.
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” bring within the
jurisdiction of courts-martial and military com-
missions all persons of whatever nationality or
status who commit the offense of spying.
Art. 107. False Official Statements
Any person subject to this code 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, appoint-
ment, or separation), article 107 (False official
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.
Art. 108. Military Property of the United
States—Loss, Damage, Destruction,
or Wrongful Disposition
Any person subject to this code who,
without proper authority—
(1) sells or otherwise disposes of;
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