Under the Uniform Code of Military Justice (UCMJ), aiding and abetting the enemy is prosecuted under
Article 103b (10 U.S.C. § 903b), historically known as Article 104. [
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2,
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Prohibited Conduct Under Article 103b
A service member or military person can be found guilty under this article if they knowingly do any of the following without proper authority: [
1]
- Aid or attempt to aid the enemy with arms, ammunition, supplies, money, or other items.
- Harbor, protect, or give intelligence/information to the enemy.
- Provide military education, military training, or tactical advice to the enemy.
- Communicate, correspond, or hold any direct or indirect intercourse with the enemy. [1]
Penalties and Scope
- Maximum Punishment: Because this is a severe security offense, a conviction under Article 103b can carry the death penalty or such other punishment as a court-martial or military commission may direct. [1, 2]
- Accomplice Liability: General accessory and accomplice principles under the UCMJ (such as Article 77 for aiding and abetting) interact with substantive offenses, but directly supporting or facilitating adversary forces falls firmly under the specific prohibitions of Article 103b