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Site Map FM 34-52 INTELLIGENCE INTERROGATION -- SEPTEMBER 28, 1992 |
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APPENDIX A:
UNIFORM CODE OF MILITARY JUSTICE EXTRACT Article 78, Accessory after the fact Text of the offense: Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial shall direct. Article 80, Attempts Text of the offense: (a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. Article 81, Conspiracy Text of the offense: Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. Article 93, Cruelty and maltreatment Elements of the offense: (1) That a certain person was subject to the orders of the accused; and (2) That the accused was cruel toward, or oppressed, or maltreated that person. (The cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard.) Article 118, Murder Text of the offense: Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when he -- (1) has a premeditated design to kill; (2) intends to kill or inflict great bodily harm; (3) is engaged in an act that is inherently dangerous to others and evinces a wanton disregard of human life; or (4) is engaged in the perpetration or attempted perpetration of a burglary, sodomy, rape, robbery, or aggravated arson; is guilty of murder, and shall suffer punishment as a court-martial shall direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct. Article 119, Manslaughter Text of the offense: (a) Any person subject to this chapter who, with an intent to inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being -- (1) by culpable negligence; or (2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of Article 118, directly affecting the person; is guilty of involuntary manslaughter and shall be punished as a court-martial may direct. Article 124, Maiming Text of the offense: Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which -- (1) seriously disfigures his person by any mutilation thereof; (2) destroys or disables any member or organ of his body; or (3) seriously diminishes the physical vigor by the injury of any member or organ; is guilty of maiming and shall be punished as a court-martial may direct. Article 127, Extortion Text of the offense: Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, or immunity is guilty of extortion and shall be punished as a court-martial may direct. Article 128, Assault Text of the offense: (a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who -- (1) commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or (2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon; is guilty of aggravated assault and shall be punished as a court-martial may direct. Article 134, Homicide, negligent Elements of the offense: (1) That a certain person is dead; (2) That this death resulted from the act or failure to act of the accused; (3) That the killing by the accused was unlawful; (4) That the act or failure to act of the accused which caused the death amounted to simple negligence; and (5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. Article 134, Misprision of a serious offense Elements of the offense: (1) That a certain serious offense was committed by a certain person; (2) That the accused knew that the said person had committed the serious offense; (3) That thereafter, the accused concealed the serious offense and failed to make it known to civilian or military authorities as soon as possible; (4) That the concealing was wrongful; and (5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. Article 134, Soliciting another to commit an offense Elements of the offense: (1) That the accused solicited a certain person or persons to commit a certain offense under the code other than one of the four offenses named in Article 82; (2) That the accused did so with the intent that the offense actually be committed; and (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. Article 134, Threat, communicating Elements of the offense: (1) That the accused communicated certain language expressing a present determination or intent to wrongfully injure the person, property, or reputation of another person, presently or in the future; (2) That the communication was made known to that person or a third person; (3) That the communication was wrongful; and (4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
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