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Chapter I. GENERAL PROVISIONS
Article 1. Definitions.
(a) The term “Judge Advocate General” means the Judge Advocate General exercising the supreme judicial, supervisory, administrative, and legal authority assigned to that office.
(b) The term “Deputy Judge Advocate General” means the Deputy Judge Advocate General exercising the supervisory, administrative, and legal authority assigned to that office and, when formally designated in accordance with law, acting for the Judge Advocate General within the limits of that designation.
(c) The term “Assistant Judge Advocate General” means an Assistant Judge Advocate General exercising the appellate, supervisory, administrative, and legal authority assigned to that office for an assigned service.
(d) The term “Military Judge” means a judicial officer of the Judge Advocate General’s Corps authorized to preside over a court-martial or another military judicial proceeding.
(e) The term “military lawyer” means a person certified or otherwise authorized by the Judge Advocate General’s Corps to practice before the military courts governed by this Code.
(f) The term “Government counsel” means a military lawyer authorized to represent the United States in a proceeding governed by this Code.
(g) The term “defense counsel” means a military lawyer representing an accused or another person against whom proceedings under this Code have been initiated.
(h) The term “accused” means a person against whom one or more charges or specifications have been preferred under this Code.
(i) The term “court-martial” means a military court constituted under this Code for the trial and disposition of one or more charges or specifications.
(j) The term “military court” means a court-martial, a Military Judge exercising judicial authority under this Code, an Assistant Judge Advocate General exercising appellate authority, or the Judge Advocate General exercising final judicial authority.
(k) The term “service” means the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard.
(l) The term “commanding officer” means a commissioned officer lawfully exercising command over a unit, command, installation, vessel, formation, or other military element.
(m) The term “charge” means a formal accusation identifying an offense alleged to have been committed under this Code.
(n) The term “specification” means the factual allegation accompanying a charge and stating the conduct alleged to constitute the offense.
(o) The term “punitive article” means an Article of this Code establishing an offense for which a person subject to this Code may be tried and punished by court-martial.
(p) The term “sentencing guidelines” means the sentencing standards prescribed by the Judge Advocate General governing the punishments, sentencing ranges, aggravating circumstances, mitigating circumstances, and authorized departures applicable to offenses under this Code.
(q) The term “military property” means property owned, issued, possessed, controlled, or held for the use of the armed forces or another military authority.
(r) The term “official military record” means a record created, received, maintained, or required in the transaction of official military business.
(s) The term “confinement” means physical detention imposed before trial when authorized by law or imposed as punishment following conviction.
(t) The term “ranklock” means a judicially imposed prohibition against promotion or advancement beyond a specified grade for a definite period.
(u) The term “blacklisting” means a judicially imposed prohibition against assignment, membership, appointment, or service within a specifically identified division, command, office, unit, occupational field, or military component.
(v) The term “Military Police” means personnel designated by competent military authority to perform military law-enforcement, security, apprehension, investigative, protective, or related duties under this Code and other controlling law.
(w) The term “military law-enforcement officer” means a member of the Military Police or another person specifically authorized by law or competent military authority to exercise military law-enforcement powers.
Article 2. Persons Subject to the Code.
(a) The following persons are subject to this Code:
(i) members of the armed forces serving on active duty;
(ii) members of a reserve component while performing active duty, active duty for training, inactive duty training, or another period of military service during which the member is subject to military authority;
(iii) cadets and midshipmen enrolled in a federal service academy or another military training program placing the person in a military status subject to this Code;
(iv) persons lawfully retained in military custody while serving a sentence imposed by court-martial;
(v) prisoners of war and persons lawfully held as enemy belligerents to the extent military jurisdiction over such persons is authorized by law; and
(vi) persons who committed an offense while subject to this Code and remain subject to military jurisdiction over that offense notwithstanding a later change in military status.
(b) A person is not subject to this Code solely because the person is employed by the United States, performs work under contract with the United States, accompanies members of the armed forces, or is present upon military property unless that person independently falls within a category expressly made subject to this Code.
Article 3. Jurisdiction.
(a) A person subject to this Code may be investigated, charged, tried, sentenced, and subjected to judicial review for an offense punishable under this Code without regard to whether the conduct occurred within or outside the United States.
(b) Jurisdiction extends to conduct occurring aboard military vessels or aircraft, upon military property, during deployment, within an area of military operations, or elsewhere when the accused was subject to this Code at the time relevant to the alleged offense.
(c) The existence of military jurisdiction does not by itself extinguish jurisdiction otherwise lawfully possessed by the United States, a State, or another competent authority.
(d) A court-martial shall possess jurisdiction over both the accused and the charged offense before entering judgment.
(e) Lack of subject-matter jurisdiction is not waived by the failure of a party to raise it.
Article 4. Continuing Jurisdiction.
(a) A person who was subject to this Code at the time of an alleged offense remains subject to investigation, prosecution, trial, sentencing, and judicial review for that offense when jurisdiction is preserved by this Code.
(b) A discharge, separation, retirement, transfer, expiration of enlistment, release from active duty, change of service, or other change in military status does not terminate jurisdiction over an offense when proceedings were lawfully commenced before that change or jurisdiction is otherwise expressly preserved by law.
(c) A change in military status shall not be ordered, obtained, or recognized for the purpose of defeating a military judicial proceeding over which jurisdiction has attached.
(d) Nothing in this Article creates jurisdiction over an offense committed after a person ceased to be subject to this Code unless the person again became subject to this Code before committing the offense.
Chapter II. RIGHTS OF THE ACCUSED
Article 10. Presumption of Innocence.
(a) An accused is presumed innocent unless and until found guilty in accordance with this Code.
(b) The Government bears the burden of proving every element of a charged offense beyond a reasonable doubt.
(c) The burden of establishing guilt shall not be transferred to the accused.
(d) No adverse inference concerning guilt shall arise solely from the lawful exercise of a right secured by this Code.
Article 11. Privilege Against Self-Incrimination.
(a) No person subject to this Code shall be compelled to incriminate himself or herself.
(b) Before questioning a person suspected of an offense, the person conducting the questioning shall inform the suspect—
(i) of the nature of the suspected offense;
(ii) of the right to remain silent;
(iii) that any statement made may be used against the suspect; and
(iv) of the right to consult with counsel when that right applies.
(c) A statement obtained in material violation of this Article is subject to exclusion in accordance with the Rules of Evidence.
Article 12. Right to Counsel.
(a) An accused is entitled to representation by qualified defense counsel during a court-martial and appellate proceedings authorized by this Code.
(b) Defense counsel shall be afforded reasonable access to the accused, discoverable material, the judicial record, hearings, and proceedings necessary for effective representation.
(c) An accused may retain additional qualified counsel at personal expense when the representation does not materially interfere with the orderly administration of the proceeding.
(d) No commanding officer, superior officer, investigator, Government counsel, or military official may direct defense counsel concerning professional judgment, litigation strategy, advice, or lawful representation provided to an accused.
Article 13. Notice of Charges.
(a) No accused shall be tried without reasonable notice of each charge and specification alleged.
(b) A specification shall state the essential conduct constituting the alleged offense with sufficient particularity to permit the accused to understand the accusation and prepare a defense.
(c) The accused shall be informed of a material amendment to a charge or specification before trial upon that amended allegation.
Article 14. Confrontation and Compulsory Process.
(a) An accused shall have the right to confront and examine witnesses presented against the accused subject to the Rules of Evidence.
(b) An accused shall have reasonable compulsory process for obtaining witnesses and evidence material to the defense.
(c) Military authority shall not be used to prevent lawful testimony or production of evidence because the witness—
(i) is subordinate to another participant;
(ii) is assigned to another command;
(iii) is employed by the Government; or
(iv) is expected to provide testimony unfavorable to the Government.
Article 15. Double Jeopardy.
(a) No person shall be tried by court-martial more than once for the same offense after jeopardy has attached.
(b) A further proceeding may occur when—
(i) a new trial is lawfully ordered following judicial review;
(ii) the original proceeding terminated under circumstances permitting retrial; or
(iii) a conviction is vacated under circumstances permitting further proceedings.
(c) A finding of not guilty is final and shall not be set aside for the purpose of subjecting the accused to another trial for the same offense.
Article 16. Speedy Proceedings.
(a) An accused is entitled to proceedings without unreasonable or oppressive delay.
(b) Investigators, Government counsel, defense counsel, military courts, and responsible military authorities shall perform their respective duties with reasonable diligence.
(c) In determining whether delay violated this Article, a military court may consider—
(i) the length of the delay;
(ii) the reason for the delay;
(iii) responsibility for the delay;
(iv) whether the accused asserted the right;
(v) prejudice to the accused;
(vi) operational necessity;
(vii) witness availability; and
(viii) the complexity of the proceeding.
Article 17. Protection Against Pretrial Punishment.
(a) A person awaiting trial shall not be punished for an offense for which the person has not been convicted.
(b) Pretrial restraint shall be imposed only for a lawful nonpunitive purpose and shall not be more severe than reasonably necessary to accomplish that purpose.
(c) A Military Judge may order release, modification of restraint, confinement credit, or relief authorized by this Code when unlawful pretrial punishment is established.
Chapter III. COURTS-MARTIAL AND JUDICIAL AUTHORITY
Article 20. Independence of Military Courts.
(a) Military Judges, Assistant Judges Advocate General, and the Judge Advocate General shall exercise judicial authority independently.
(b) No person may use command authority, military rank, administrative supervision, professional seniority, threat, coercion, reward, punishment, personnel action, or improper communication to influence a judicial determination.
(c) No judicial officer shall suffer adverse official action because of a lawful judicial ruling or judgment.
(d) This Article does not prohibit—
(i) appellate review authorized by this Code;
(ii) professional discipline established through lawful proceedings;
(iii) administrative supervision unrelated to the desired outcome of a particular proceeding; or
(iv) enforcement of controlling law.
Article 21. Courts-Martial.
(a) Offenses under this Code shall be tried by courts-martial possessing jurisdiction over the accused and charged offense.
(b) Every court-martial shall be presided over and decided by a Military Judge.
(c) No court-martial shall be constituted or conducted through a jury, panel, board of members, or comparable body.
(d) The Military Judge shall serve as the finder of law and fact and shall determine findings and sentence.
Article 22. Classes of Courts-Martial.
(a) Courts-martial consist of—
(i) summary courts-martial;
(ii) special courts-martial; and
(iii) general courts-martial.
(b) A summary court-martial may adjudicate minor offenses and impose punishments authorized for summary proceedings.
(c) A special court-martial may adjudicate offenses referred within its jurisdiction and impose punishments authorized for special proceedings.
(d) A general court-martial may adjudicate any offense punishable under this Code and impose any punishment authorized for that offense.
(e) The sentencing guidelines shall prescribe the sentencing limits applicable to summary and special courts-martial.
Article 23. Authority of the Military Judge.
(a) The Military Judge shall—
(i) determine questions of law and fact;
(ii) rule upon motions and objections;
(iii) determine admissibility of evidence;
(iv) enforce courtroom order;
(v) determine findings;
(vi) impose sentence; and
(vii) enter judgment.
(b) A Military Judge shall not preside over a proceeding in which the Military Judge participated personally and substantially in the investigation, prosecution, defense, or referral of the matter.
(c) A Military Judge shall recuse when disqualification is required by the Rules of Practice and Procedure.
(d) No person may remove or replace a Military Judge in a particular proceeding for the purpose of affecting a judicial determination.
Article 24. Findings.
(a) The Military Judge shall enter a separate finding upon each charge and specification.
(b) A finding may be—
(i) guilty;
(ii) not guilty; or
(iii) guilty of a lesser included offense authorized by this Code.
(c) No finding of guilty shall be entered unless every element of the offense is proven beyond a reasonable doubt.
Chapter IV. APPREHENSION, RESTRAINT, AND INVESTIGATION
Article 30. Apprehension.
(a) A person subject to this Code may be apprehended upon probable cause to believe that the person committed an offense punishable under this Code.
(b) Apprehension shall not be used as punishment, retaliation, intimidation, or a substitute for disciplinary proceedings.
(c) A person apprehended shall be informed of the basis for apprehension as soon as reasonably practicable.
Article 31. Pretrial Restraint.
(a) Pretrial restraint may consist of—
(i) conditions on liberty;
(ii) restriction;
(iii) arrest; or
(iv) confinement.
(b) Restraint shall not be more severe than reasonably necessary to—
(i) ensure appearance;
(ii) protect persons;
(iii) protect evidence;
(iv) prevent serious misconduct; or
(v) satisfy an established military necessity.
(c) Pretrial restraint shall terminate when its lawful basis no longer exists.
Article 32. Pretrial Confinement.
(a) Pretrial confinement may be imposed when probable cause exists to believe—
(i) an offense triable by court-martial was committed;
(ii) the confined person committed the offense; and
(iii) confinement is reasonably necessary because less restrictive measures are inadequate.
(b) Continued confinement shall be subject to prompt judicial review.
(c) The reviewing Military Judge may—
(i) continue confinement;
(ii) modify confinement;
(iii) substitute less restrictive conditions; or
(iv) order release.
Article 33. Searches and Seizures.
(a) A search or seizure conducted for law-enforcement purposes shall comply with this Code, the Rules of Evidence, and controlling law.
(b) Judicial authorization shall particularly identify the person, place, property, record, account, device, information, or material authorized to be searched or seized.
(c) Judicial authorization shall be supported by probable cause when probable cause is required by law.
(d) Evidence obtained unlawfully is subject to suppression under the Rules of Evidence.
Article 34. Preservation of Evidence.
(a) A person responsible for evidence shall reasonably preserve material evidence obtained during an investigation or judicial proceeding.
(b) Records concerning material evidence shall identify, where applicable—
(i) the source;
(ii) collection;
(iii) transfer;
(iv) examination;
(v) storage; and
(vi) final disposition.
(c) Criminal alteration, fabrication, destruction, concealment, or substitution of evidence is governed by the applicable punitive Article of this Code.
Chapter V. CHARGES AND PRETRIAL PROCEEDINGS
Article 40. Charges and Specifications.
(a) An allegation of an offense shall be stated through a charge and specification.
(b) The charge shall identify the punitive Article allegedly violated.
(c) The specification shall state the essential facts constituting the alleged offense.
(d) Separate offenses shall ordinarily be alleged in separate specifications.
Article 41. Preferral of Charges.
(a) Charges may be preferred by a person authorized under this Code upon reasonable grounds to believe that the matters alleged are true.
(b) The person preferring charges shall certify—
(i) that the charges are made in good faith; and
(ii) that the factual allegations are based upon information reasonably believed to be reliable.
(c) Knowingly preferring materially false charges with intent to cause wrongful prosecution is punishable under the applicable punitive Article.
Article 42. Preliminary Legal Review.
(a) Charges proposed for referral shall undergo preliminary legal review appropriate to the contemplated class of court-martial.
(b) The review shall address—
(i) jurisdiction;
(ii) legal sufficiency of the charges and specifications;
(iii) probable cause;
(iv) the available evidence; and
(v) whether the contemplated disposition is authorized by this Code.
(c) Preliminary legal review does not determine guilt.
Article 43. Referral.
(a) A charge may be referred for trial when—
(i) jurisdiction exists over the accused;
(ii) jurisdiction exists over the alleged offense;
(iii) the specification states an offense under this Code; and
(iv) sufficient legal grounds exist to proceed.
(b) Referral shall identify—
(i) the charges and specifications referred; and
(ii) the class of court-martial.
(c) Referral does not authorize interference with the subsequent judicial determination of the case.
Article 44. Amendment of Charges.
(a) A charge or specification may be corrected or amended before trial when the change does not materially prejudice the accused’s ability to understand the accusation and prepare a defense.
(b) A change materially altering the identity or essential factual basis of an offense shall be treated as a new or additional charge unless the accused knowingly waives the applicable procedural protection.
Article 45. Withdrawal and Dismissal.
(a) A charge or specification may be withdrawn before judgment in accordance with the Rules of Practice and Procedure.
(b) A Military Judge may dismiss a charge or specification when—
(i) jurisdiction is absent;
(ii) the specification fails to state an offense;
(iii) prosecution is prohibited by controlling law; or
(iv) dismissal is required to remedy a violation incapable of lawful correction through a lesser remedy.
(c) A dismissal shall state whether it is with or without prejudice.
(d) A dismissal with prejudice prohibits renewed prosecution to the extent stated in the dismissal order.
Chapter VI. TRIAL
Article 50. Arraignment and Pleas.
(a) An accused shall be arraigned upon each charge and specification referred for trial.
(b) An accused may plead—
(i) guilty; or
(ii) not guilty.
(c) A guilty plea shall not be accepted unless the Military Judge determines that the plea—
(i) is knowing;
(ii) is voluntary;
(iii) is supported by an adequate factual basis; and
(iv) is entered with an understanding of the offense and material consequences of the plea.
(d) When an accused refuses to plead, a plea of not guilty shall be entered.
Article 51. Motions.
(a) A party may present motions authorized by the Rules of Practice and Procedure.
(b) Motions may address—
(i) jurisdiction;
(ii) dismissal;
(iii) suppression;
(iv) admissibility of evidence;
(v) discovery;
(vi) severance;
(vii) continuance; or
(viii) disqualification.
(c) The Military Judge shall determine questions of law raised by motion and enter the ruling upon the record.
Article 52. Presentation of Evidence.
(a) The Government and defense shall receive a reasonable opportunity to—
(i) present admissible evidence;
(ii) examine witnesses;
(iii) cross-examine opposing witnesses;
(iv) challenge evidence; and
(v) present lawful argument.
(b) The Military Judge shall determine admissibility in accordance with the Rules of Evidence.
(c) The Military Judge, as finder of fact, shall determine the weight and credibility of admitted evidence.
Article 53. Judgment.
(a) Following findings and sentencing, the Military Judge shall enter judgment.
(b) The judgment shall identify—
(i) each charge and specification;
(ii) the finding upon each;
(iii) the sentence imposed;
(iv) credit awarded;
(v) special approvals required before execution; and
(vi) judicial orders materially affecting execution of the sentence.
(c) The judgment constitutes the authoritative disposition of the court-martial.
(d) A clerical error may be corrected without altering the substantive judgment. A substantive alteration requires judicial action authorized by law.
Chapter VII. SENTENCING AND PUNISHMENT
Article 60. Sentencing Authority.
(a) Upon a finding of guilty, the Military Judge shall impose sentence in accordance with this Code and the sentencing guidelines prescribed by the Judge Advocate General.
(b) When a punitive Article provides that an offender “shall be punished as a court-martial may direct,” the Military Judge may impose any punishment made applicable to that offense by the sentencing guidelines.
(c) In determining sentence, the Military Judge may consider—
(i) the nature and circumstances of the offense;
(ii) the degree of culpability;
(iii) harm caused or threatened;
(iv) the military record of the accused when properly before the court;
(v) aggravating circumstances;
(vi) mitigating circumstances;
(vii) matters in extenuation; and
(viii) acceptance of responsibility when lawfully relevant.
(d) No commander, superior officer, Assistant Judge Advocate General, or administrative official may direct the sentence to be imposed in a particular case.
Article 61. Authorized Punishments.
(a) Subject to the applicable sentencing guidelines, punishment may consist of—
(i) reprimand;
(ii) restriction;
(iii) forfeiture of pay;
(iv) reduction in grade;
(v) ranklock;
(vi) confinement;
(vii) decommissioning;
(viii) bad-conduct discharge;
(ix) dishonorable discharge;
(x) blacklisting; or
(xi) a combination of authorized punishments.
(b) A punishment requiring approval under this Chapter shall not be executed until the required approval has been obtained.
Article 62. Reduction in Grade.
(a) A court-martial may sentence an enlisted member to reduction in grade when authorized by the applicable sentencing guidelines.
(b) Reduction in grade requires approval of the Assistant Judge Advocate General responsible for the member’s service before execution.
(c) When a reduction exceeds three pay grades—
(i) the responsible Assistant Judge Advocate General shall first approve the reduction; and
(ii) the Judge Advocate General shall thereafter be notified and informed of the conviction, sentence, existing grade, and grade to which reduction was ordered.
(d) A reduction from pay grade E-4 to pay grade E-1 does not require notification to the Judge Advocate General.
(e) Section (d) does not eliminate the requirement for approval by the responsible Assistant Judge Advocate General.
Article 63. Decommissioning.
(a) A commissioned officer may be sentenced to decommissioning when authorized by the sentencing guidelines.
(b) Decommissioning terminates the commission held by the convicted officer.
(c) Decommissioning requires approval of the Assistant Judge Advocate General responsible for the officer’s service before execution.
(d) Decommissioning may be imposed independently or in combination with another authorized punishment.
Article 64. Ranklock.
(a) A court-martial may impose ranklock when authorized by the sentencing guidelines.
(b) A ranklock shall identify—
(i) the maximum grade permitted;
(ii) its duration; and
(iii) the event or date upon which it terminates.
(c) Ranklock requires approval of—
(i) the Assistant Judge Advocate General responsible for the member’s service; and
(ii) either the Judge Advocate General or Deputy Judge Advocate General.
(d) Expiration of ranklock restores eligibility for promotion but does not itself confer promotion or advancement.
Article 65. Blacklisting.
(a) A court-martial may impose blacklisting when authorized by the sentencing guidelines.
(b) Blacklisting may prohibit assignment, membership, appointment, or service within a specifically identified—
(i) division;
(ii) command;
(iii) office;
(iv) unit;
(v) occupational field; or
(vi) military component.
(c) Blacklisting requires approval of the Judge Advocate General before execution.
(d) The sentence shall state whether the prohibition is permanent or for a definite period.
(e) Blacklisting does not itself terminate military service.
Article 66. Confinement.
(a) A court-martial may impose confinement within the range authorized by the applicable sentencing guidelines.
(b) The judgment shall state the period of confinement.
(c) Qualifying pretrial confinement and judicially awarded confinement credit shall be credited against the sentence.
Article 67. Forfeiture of Pay.
(a) A court-martial may order forfeiture of all or a specified portion of pay when authorized by the sentencing guidelines.
(b) The judgment shall identify—
(i) the amount or proportion forfeited; and
(ii) the duration of forfeiture.
Article 68. Punitive Discharge.
(a) An enlisted member may be sentenced to—
(i) a bad-conduct discharge; or
(ii) a dishonorable discharge.
(b) A dishonorable discharge may be imposed only by a general court-martial.
(c) A punitive discharge shall not be represented as an administrative separation.
(d) A punitive discharge shall not be executed until completion of the judicial review required by this Code.
Article 69. Approval of Special Punishments.
(a) A punishment requiring approval constitutes part of the sentence when judgment is entered but remains unexecuted until approval is obtained.
(b) An approving authority may—
(i) approve the punishment; or
(ii) disapprove the punishment.
(c) An approving authority shall not—
(i) increase the punishment;
(ii) substitute a more severe punishment; or
(iii) disturb the underlying finding of guilt through the approval process.
(d) Required approvals and notifications shall be entered upon the record.
Article 70. Restoration.
(a) When a conviction or sentence is finally reversed, vacated, or set aside and no lawful replacement judgment authorizes continuation of the punishment, the affected person shall be restored from the legal consequences of the invalidated judgment.
(b) Restoration may include—
(i) restoration of grade;
(ii) restoration of commissioned status;
(iii) termination of ranklock;
(iv) removal from a blacklist;
(v) restoration of forfeited pay when authorized;
(vi) release from confinement;
(vii) removal of a punitive discharge; and
(viii) correction of official records.
Chapter VIII. SENTENCING GUIDELINES
Article 75. Sentencing Guidelines.
(a) The Judge Advocate General shall prescribe and maintain uniform sentencing guidelines applicable to offenses under this Code.
(b) For each punitive Article, the sentencing guidelines shall identify—
(i) authorized punishments;
(ii) ordinary sentencing ranges;
(iii) applicable maximum sentencing ranges;
(iv) aggravating circumstances when established;
(v) mitigating circumstances when recognized;
(vi) authorized departures; and
(vii) restrictions applicable to particular punishments.
(c) The sentencing guidelines may establish different sentencing ranges according to the severity, circumstances, result, value, duration, intent, or other legally relevant characteristics of an offense.
(d) The sentencing guidelines shall preserve reasonable judicial discretion to distinguish materially different offenses and offenders.
Article 76. Departure from Sentencing Guidelines.
(a) A Military Judge may depart below an ordinary sentencing range when—
(i) departure is permitted by the sentencing guidelines; and
(ii) circumstances established upon the record justify departure.
(b) A Military Judge shall not exceed the applicable maximum sentencing range unless—
(i) an aggravated range is established by the sentencing guidelines; and
(ii) the circumstance necessary for application of that range is established in accordance with law.
(c) The basis for a departure shall be stated upon the record.
Article 77. Amendment of Sentencing Guidelines.
(a) The Judge Advocate General may amend the sentencing guidelines to maintain proportionality, consistency, and the proper administration of military justice.
(b) An amendment increasing punishment applicable to an offense shall not be applied to conduct occurring before the amendment became effective.
(c) Historical versions of the sentencing guidelines shall be retained sufficiently to determine the guidelines applicable to earlier conduct.
Chapter IX. APPELLATE REVIEW
Article 80. Appeal.
(a) A party entitled to appeal under this Code may obtain ordinary appellate review of an appealable judgment by the Assistant Judge Advocate General responsible for the service from which the proceeding originated.
(b) An appeal authorized by law does not require permission from—
(i) the Military Judge;
(ii) the Assistant Judge Advocate General; or
(iii) the Judge Advocate General.
(c) An appeal shall create a separate appellate proceeding while preserving the original trial docket and record.
Article 81. Authority of an Assistant Judge Advocate General.
(a) An Assistant Judge Advocate General possesses appellate jurisdiction over proceedings originating within the service or services assigned to that office.
(b) In exercising appellate jurisdiction, an Assistant Judge Advocate General may—
(i) affirm;
(ii) reverse;
(iii) vacate;
(iv) affirm in part and reverse in part;
(v) affirm in part and vacate in part;
(vi) modify a judgment where expressly authorized; or
(vii) vacate and remand.
(c) Supervisory authority over Military Judges does not permit an Assistant Judge Advocate General to interfere with a trial before appellate jurisdiction attaches.
Article 82. Review by the Judge Advocate General.
(a) The Judge Advocate General is the supreme judicial authority of the Judge Advocate General’s Corps and possesses final judicial authority concerning interpretation and application of this Code within the military courts.
(b) Review following ordinary appellate proceedings is discretionary and shall ordinarily be sought through a Petition for a Writ of Certiorari.
(c) No party possesses an appeal as of right from an Assistant Judge Advocate General to the Judge Advocate General.
(d) The Judge Advocate General may grant review of—
(i) the case as a whole;
(ii) a particular judgment or order;
(iii) a specified punishment or punitive act; or
(iv) one or more Questions Presented.
Article 83. Precedent.
(a) A published merits holding of the Judge Advocate General interpreting this Code is binding upon Military Judges and Assistant Judges Advocate General.
(b) A holding remains controlling unless—
(i) superseded by amendment of this Code;
(ii) displaced by controlling law; or
(iii) expressly overruled by a later published merits decision of the Judge Advocate General.
(c) Denial of a Petition for a Writ of Certiorari does not constitute approval of the judgment below and does not establish precedent.
Article 84. Remand.
(a) An Assistant Judge Advocate General or the Judge Advocate General may remand a proceeding when further action by a lower military court is required.
(b) The remand shall identify—
(i) the receiving military court; and
(ii) the scope of proceedings authorized or required.
(c) A military court receiving a remand shall comply with the holdings and limitations of the reviewing judicial authority.
Chapter X. NONJUDICIAL DISCIPLINE
Article 90. Nonjudicial Punishment.
(a) A commanding officer may impose nonjudicial punishment for minor disciplinary misconduct when disposition by court-martial is unnecessary to maintain good order and discipline.
(b) Nonjudicial punishment does not constitute a criminal conviction.
(c) Nonjudicial punishment may include—
(i) reprimand;
(ii) additional duties;
(iii) restriction;
(iv) limited forfeiture of pay; and
(v) limited reduction in grade.
(d) Nonjudicial punishment shall not include—
(i) confinement;
(ii) decommissioning;
(iii) punitive discharge;
(iv) blacklisting; or
(v) ranklock.
(e) Before punishment is imposed, the member shall be informed of—
(i) the alleged misconduct;
(ii) the material evidence relied upon;
(iii) the proposed disposition; and
(iv) the opportunity to respond.
Article 91. Refusal of Nonjudicial Punishment.
(a) A member offered nonjudicial punishment may refuse that disposition except when this Code expressly provides otherwise because of the member’s military status or operational circumstances.
(b) Following refusal, the Government may—
(i) take no further action;
(ii) take lawful administrative action independent of a determination of guilt; or
(iii) consider the allegation for prosecution under this Code.
(c) Refusal of nonjudicial punishment is not evidence of guilt and does not itself constitute misconduct.
Article 92. Review of Nonjudicial Punishment.
(a) A person punished under Article 90 may seek review by the next superior authority in the chain of command.
(b) Review may be sought on the ground that the punishment—
(i) was unlawful;
(ii) was unsupported by the evidence;
(iii) was imposed through a material procedural defect; or
(iv) was excessive.
(c) The reviewing authority may—
(i) sustain the punishment;
(ii) set it aside;
(iii) reduce it; or
(iv) remit an unexecuted portion.
(d) The reviewing authority shall not increase the punishment.
Chapter XI. PRINCIPALS AND INCHOATE OFFENSES
Article 100. Principals.
(a) A person subject to this Code is guilty as a principal when that person—
(i) commits an offense punishable by this Code;
(ii) aids or abets its commission;
(iii) commands or procures its commission; or
(iv) causes an act to be performed that would constitute an offense if directly performed by that person.
(b) Mere presence at the scene of an offense, knowledge of an offense, or association with an offender does not by itself establish liability as a principal.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 101. Attempt.
(a) A person subject to this Code who, with specific intent to commit an offense punishable under this Code, performs an act constituting a substantial step toward commission of that offense is guilty of attempt.
(b) Mere preparation is insufficient.
(c) Factual impossibility is not a defense when the conduct would constitute the intended offense if the circumstances were as the accused believed them to be.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 102. Solicitation.
(a) A person subject to this Code who, with intent that an offense be committed, commands, encourages, requests, or solicits another person to commit that offense is guilty of solicitation.
(b) Solicitation is complete when communicated and does not require acceptance or commission of the solicited offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 103. Conspiracy.
(a) A person subject to this Code is guilty of conspiracy when—
(i) the person knowingly agrees with one or more persons to commit an offense under this Code; and
(ii) the person or another conspirator performs an overt act in furtherance of the agreement.
(b) The agreement need not be written or formal.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XII. ABSENCE AND DUTY OFFENSES
Article 110. Absence Without Leave.
(a) A person subject to this Code is guilty of absence without leave when, without lawful authority, the person—
(i) fails to go to the appointed place of duty at the prescribed time;
(ii) leaves the appointed place of duty; or
(iii) remains absent from the person’s unit, command, organization, place of duty, or required military location.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 111. Desertion.
(a) A person subject to this Code is guilty of desertion when the person—
(i) without lawful authority goes or remains absent from the person’s unit, command, organization, or place of duty with intent to remain away permanently; or
(ii) quits the person’s unit, command, organization, or place of duty with intent to avoid hazardous duty or evade important military service.
(b) Intent to desert shall not be presumed solely from the duration of an unauthorized absence.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 112. Missing Movement.
(a) A person subject to this Code who, through design or culpable neglect, misses the movement of a ship, aircraft, unit, formation, convoy, deployment, or military operation with which the person is required in the course of duty to move is guilty of missing movement.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 113. Dereliction of Duty.
(a) A person subject to this Code is guilty of dereliction of duty when—
(i) the person knew or reasonably should have known of a specific military duty; and
(ii) without lawful excuse, willfully or through culpable neglect failed to perform that duty or performed it in a materially deficient manner.
(b) The specification shall identify the particular duty alleged and the source or circumstances establishing that duty.
(c) Ordinary mistake, minor deficiency, or a good-faith difference in professional judgment does not by itself constitute dereliction.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 114. Malingering.
(a) A person subject to this Code is guilty of malingering when, for the purpose of avoiding work, duty, service, deployment, assignment, or another military obligation, the person—
(i) knowingly feigns illness, physical disability, mental incapacity, or injury; or
(ii) intentionally inflicts injury upon himself or herself.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 115. Failure to Go to Appointed Place of Duty.
(a) A person subject to this Code is guilty under this Article when, without authority, the person knowingly fails to go to the appointed place of duty at the time prescribed.
(b) A person is not guilty under this Article when the failure results from circumstances beyond the person's reasonable control and the person acts reasonably to report or correct the failure.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 116. Abandoning Post or Watch.
(a) A person subject to this Code who is assigned to a post, watch, guard, security position, duty station, or comparable military responsibility is guilty under this Article when the person knowingly leaves, abandons, or materially ceases performing that duty before being properly relieved or otherwise authorized.
(b) The offense requires more than a brief or immaterial deviation. The conduct must materially impair the assigned duty, security responsibility, readiness function, or operational purpose.
(c) Emergency action reasonably necessary to protect life, respond to an immediate threat, or comply with superior lawful authority does not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 117. Failure to Remain at Appointed Place of Duty.
(a) A person subject to this Code is guilty under this Article when the person—
(i) has reported to an appointed place of duty;
(ii) is required to remain there until properly relieved, released, or authorized to depart; and
(iii) knowingly leaves or ceases remaining at that place without authority.
(b) A brief or immaterial departure that does not meaningfully interrupt the assigned duty does not constitute an offense.
(c) Emergency necessity, lawful superior direction, or another circumstance reasonably requiring departure does not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 118. Fraudulent Appointment, Enlistment, or Separation.
(a) A person subject to this Code is guilty under this Article when, with intent to obtain or avoid military status, appointment, enlistment, promotion, assignment, separation, discharge, or another material personnel action, the person knowingly—
(i) makes a materially false statement;
(ii) conceals a material fact the person is legally required to disclose; or
(iii) submits or causes submission of a materially false document.
(b) A mistake, misunderstanding, or omission concerning an immaterial matter does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 119. Failure to Report Certain Serious Offenses.
(a) A person subject to this Code is guilty under this Article when—
(i) the person has actual knowledge that a serious offense specified in subsection (b) has occurred or is ongoing;
(ii) the person has a specific legal or official military duty to report that offense;
(iii) the person has a reasonable means to report it to competent authority; and
(iv) the person knowingly and willfully fails to do so.
(b) This Article applies only to murder, treason, espionage, sabotage, mutiny, kidnapping, sexual assault, an offense causing or creating an imminent risk of death or serious bodily harm, or another offense expressly designated by controlling law as subject to a mandatory reporting duty.
(c) This Article does not require disclosure of information protected by attorney-client privilege, a lawful judicial privilege, or another protection that controlling law makes nondisclosable.
(d) Mere rumor, suspicion, or unverified accusation does not establish actual knowledge.
(e) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XIII. ORDERS, AUTHORITY, AND DISCIPLINE
Article 120. Failure to Obey a Lawful Order.
(a) A person subject to this Code is guilty of failure to obey a lawful order when—
(i) a lawful order was issued by an authority entitled to issue it;
(ii) the order applied to the accused;
(iii) the accused had actual knowledge of the order; and
(iv) the accused willfully failed or refused to obey it.
(b) An order does not become lawful merely because it was issued by a superior.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 121. Insubordination.
(a) A person subject to this Code is guilty of insubordination when the person—
(i) knowingly and willfully disobeys the lawful command of a superior commissioned officer; or
(ii) knowingly threatens a superior commissioned officer under circumstances materially undermining lawful military authority.
(b) Criticism, disagreement, reporting misconduct, seeking review, filing a complaint, or refusing an unlawful order does not constitute insubordination when lawfully undertaken.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 122. Disrespect Toward a Superior Officer.
(a) A person subject to this Code who knowingly engages in materially disrespectful conduct toward a superior commissioned officer while that officer is acting in an official capacity is guilty of disrespect toward a superior officer.
(b) Ordinary disagreement, minor discourtesy, good-faith criticism, or a lawful challenge to official action does not by itself constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 123. Mutiny.
(a) A person subject to this Code is guilty of mutiny when, acting with one or more persons and with intent to usurp or override lawful military authority, the person—
(i) refuses in concert to obey lawful military authority;
(ii) creates collective violence or disorder against lawful military authority; or
(iii) attempts to seize or exercise command without lawful authority.
(b) Knowing and intentional participation in the mutinous purpose is required.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 124. Failure to Suppress or Report Mutiny.
(a) A person subject to this Code is guilty under this Article when the person—
(i) knows that a mutiny is occurring;
(ii) possesses a military duty and reasonable ability to act; and
(iii) willfully fails to take reasonable measures to suppress the mutiny or promptly report it to competent military authority.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 125. Abuse of Military Authority.
(a) A person subject to this Code is guilty of abuse of military authority when the person knowingly uses official military authority for the purpose of—
(i) obtaining an unlawful personal benefit;
(ii) imposing an unauthorized punishment;
(iii) coercing conduct the person has no lawful authority to require; or
(iv) intentionally depriving another person of a right secured by law.
(b) Official military authority includes command, rank, law-enforcement, judicial, disciplinary, and administrative authority.
(c) A lawful exercise of discretion or reasonable mistake concerning the extent of official authority does not by itself constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 126. Cruelty or Maltreatment of a Subordinate.
(a) A person subject to this Code who, while exercising military authority over another person, knowingly subjects that person to cruelty, oppression, abusive punishment, degrading treatment, or maltreatment is guilty under this Article.
(b) The conduct must be objectively abusive or oppressive in light of the military relationship and circumstances. Lawful correction, training, discipline, counseling, or command action reasonably related to a legitimate military purpose does not constitute maltreatment.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 127. Disobedience of a Noncommissioned or Petty Officer.
(a) A person subject to this Code is guilty under this Article when—
(i) a noncommissioned officer or petty officer authorized to issue the command gives a lawful command within the scope of that authority;
(ii) the command applies to the accused;
(iii) the accused has actual knowledge of the command; and
(iv) the accused knowingly and willfully refuses or fails to obey it.
(b) A command does not become lawful merely because it was issued by a noncommissioned officer or petty officer.
(c) Lawful disagreement, request for clarification, request for review, or refusal of an unlawful command does not by itself constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 128. Disrespect Toward a Noncommissioned or Petty Officer.
(a) A person subject to this Code who knowingly engages in materially disrespectful conduct toward a noncommissioned officer or petty officer while that person is acting in an official capacity is guilty under this Article.
(b) Ordinary disagreement, minor discourtesy, good-faith criticism, reporting misconduct, or a lawful challenge to official action does not by itself constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 129. Hazing.
(a) A person subject to this Code is guilty of hazing when the person knowingly subjects another to abusive, humiliating, degrading, dangerous, or physically harmful conduct as a condition of initiation, admission, affiliation, promotion, recognition, acceptance, or continued membership in a military unit, office, group, or activity.
(b) Consent of the person subjected to the conduct is not a defense when the conduct otherwise satisfies subsection (a).
(c) Legitimate military training, corrective instruction, physical conditioning, ceremonial activity, or professional evaluation conducted for a lawful military purpose and in a reasonable manner does not constitute hazing.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XIV. OPERATIONAL AND SECURITY OFFENSES
Article 130. Misbehavior Before the Enemy.
(a) A person subject to this Code is guilty of misbehavior before the enemy when, while before or in the presence of an enemy, the person—
(i) knowingly abandons a position the person has a duty to defend without lawful military justification;
(ii) casts away arms or ammunition without military necessity;
(iii) intentionally endangers the safety of a unit through misconduct; or
(iv) engages in cowardly conduct materially jeopardizing a military operation.
(b) Operational failure, casualties, loss of a position, or a reasonable tactical decision that later proves unsuccessful does not by itself establish an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 131. Aiding the Enemy.
(a) A person subject to this Code is guilty of aiding the enemy when, without lawful authority, the person knowingly—
(i) provides arms, ammunition, supplies, intelligence, protection, transportation, communications, or material assistance to an enemy; or
(ii) communicates with an enemy for the purpose of providing material assistance.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 132. Espionage.
(a) A person subject to this Code is guilty of espionage when, with intent or reason to believe that information will be used to the injury of the United States or advantage of a foreign power or enemy, the person knowingly obtains, receives, communicates, transmits, or delivers protected national defense or military information to a person not authorized to receive it.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 133. Sabotage.
(a) A person subject to this Code is guilty of sabotage when, with intent to injure, interfere with, or obstruct the national defense or a military operation, the person knowingly destroys, damages, contaminates, disables, impairs, obstructs, or interferes with—
(i) military property;
(ii) military systems;
(iii) facilities;
(iv) communications;
(v) transportation;
(vi) weapons;
(vii) supplies; or
(viii) military operations.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 134. Unauthorized Disclosure of Protected Military Information.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority—
(i) communicates;
(ii) transmits;
(iii) publishes;
(iv) removes;
(v) retains; or
(vi) provides unauthorized access to classified information or military information lawfully protected against unauthorized disclosure.
(b) The Government shall establish—
(i) the protected character of the information;
(ii) the accused’s knowledge of the applicable restriction; and
(iii) the unauthorized act alleged.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 135. Improper Disposition of Military Property During Operations.
(a) A person subject to this Code who, during a military operation and without lawful authority or military necessity, knowingly abandons, destroys, transfers, or disposes of mission-essential military property is guilty under this Article.
(b) Emergency destruction or disposition undertaken for a lawful military purpose does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 136. Treason.
(a) A person subject to this Code who owes allegiance to the United States is guilty of treason only when, with the specific intent to betray the United States, the person—
(i) levies war against the United States; or
(ii) adheres to an enemy of the United States by knowingly giving that enemy material aid or comfort.
(b) A charge under this Article shall identify the alleged overt act of treason with particularity and shall state the theory under subsection (a) upon which the charge rests.
(c) No charge of treason may be referred to trial without written authorization of the Judge Advocate General following an independent legal determination that the evidence, if believed, could satisfy every element of this Article. This authorization may not be supplied by a service chief, commander, or prosecuting authority in place of the Judge Advocate General.
(d) No person may be convicted of treason except upon—
(i) the testimony of at least two witnesses to the same overt act of treason; or
(ii) a voluntary confession made by the accused in open court after advice of counsel and accepted by the Military Judge as knowing, voluntary, and factually sufficient.
(e) A confession made outside open court does not independently satisfy subsection (d), although otherwise admissible evidence may be considered for purposes other than replacing the required proof.
(f) Criticism of the Government or military leadership, political expression, lawful advocacy, reporting misconduct, petitioning for redress, refusal of an unlawful order, association standing alone, or opposition to military policy does not constitute treason.
(g) Treason shall not be inferred solely from proof of another offense, including desertion, unauthorized disclosure, aiding the enemy, espionage, sabotage, or insubordination. The Government must separately prove the specific intent and overt act required by this Article.
(h) A person guilty under this Article shall be punished as a court-martial may direct.
Article 137. Improper Handling of Protected Military Information.
(a) A person subject to this Code is guilty under this Article when the person knowingly or recklessly handles protected military information in a materially unauthorized manner and thereby creates a substantial risk of unauthorized access, compromise, loss, alteration, or disclosure.
(b) Conduct under subsection (a) may include materially unauthorized storage, transmission, copying, removal, transportation, retention, or exposure of protected military information.
(c) This Article does not require proof that an unauthorized disclosure actually occurred.
(d) A minor technical violation that creates no substantial risk of compromise does not constitute an offense under this Article.
(e) A person guilty under this Article shall be punished as a court-martial may direct.
Article 138. Failure to Comply with Material Security Procedures.
(a) A person subject to this Code is guilty under this Article when the person knowingly or recklessly violates a security procedure the person is required to follow and the violation—
(i) materially compromises security;
(ii) creates a substantial risk of unauthorized access or operational harm; or
(iii) materially interferes with a protected military function.
(b) A minor, technical, or promptly corrected deviation that creates no material risk or interference does not constitute an offense under this Article.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 139. Unauthorized Access to Military Systems or Records.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority accesses or exceeds authorized access to—
(i) a military information system;
(ii) a restricted military database;
(iii) a protected military account;
(iv) a restricted military record; or
(v) another protected electronic resource maintained for military use.
(b) Mere technical capability, possession of credentials, or administrative access does not itself constitute lawful authority.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XV. OFFENSES AGAINST PERSONS
Article 140. Murder in the First and Second Degrees.
(a) A person subject to this Code is guilty of murder in the first degree when the person unlawfully causes the death of another human being with a premeditated intent to kill.
(b) A person subject to this Code is guilty of murder in the second degree when the person unlawfully causes the death of another human being—
(i) with intent to kill but without premeditation; or
(ii) by knowingly engaging in conduct creating a grave risk of death under circumstances demonstrating extreme disregard for human life.
(c) Premeditation means conscious consideration of a decision to kill before the act causing death. No particular minimum period of reflection is required, but a purely instantaneous reaction without conscious consideration does not establish premeditation by itself.
(d) A killing justified by lawful combat, lawful defense, defense of another, or another justification recognized by controlling law does not constitute murder.
(e) Attempted murder shall be charged under Article 101 by reference to the degree of murder the Government alleges the accused specifically intended to commit.
(f) The degree of murder shall be expressly alleged in the specification and proven beyond a reasonable doubt.
(g) A person guilty under this Article shall be punished as a court-martial may direct.
Article 141. Manslaughter.
(a) A person subject to this Code is guilty of manslaughter when the person unlawfully causes the death of another human being without the state of mind required for murder—
(i) through an intentional unlawful act likely to cause death or serious bodily harm; or
(ii) through culpable disregard of a substantial and unjustifiable risk of death.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 142. Assault, Battery, and Aggravated Assault.
(a) A person subject to this Code is guilty of assault when the person, without lawful justification or excuse, intentionally attempts or offers by force or violence to do bodily harm to another and has the apparent present ability to carry out the act.
(b) A person subject to this Code is guilty of battery when the person intentionally and unlawfully causes harmful or materially offensive physical contact with another.
(c) A person subject to this Code is guilty of aggravated assault when the person—
(i) commits an assault or battery with a dangerous weapon or other means likely to produce death or serious bodily harm;
(ii) intentionally inflicts serious bodily harm; or
(iii) intentionally attempts to inflict serious bodily harm under circumstances creating a substantial risk that the harm will occur.
(d) Lawful force used in combat, defense, apprehension, restraint, training, or another circumstance authorized by law does not constitute an offense to the extent the force used is lawful and reasonable.
(e) A person guilty under this Article shall be punished as a court-martial may direct.
Article 143. Reckless Endangerment.
(a) A person subject to this Code is guilty of reckless endangerment when the person recklessly engages in conduct creating a substantial and unjustifiable risk of death or serious bodily injury to another.
(b) The disregard of the risk must constitute a gross departure from the conduct reasonably expected under the circumstances.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 144. Kidnapping.
(a) A person subject to this Code is guilty of kidnapping when the person knowingly and unlawfully seizes, confines, carries away, transports, or holds another person against that person’s will through—
(i) force;
(ii) threat;
(iii) intimidation;
(iv) deception; or
(v) comparable unlawful means.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 145. Sexual Assault.
(a) A person subject to this Code is guilty of sexual assault when the person knowingly commits a sexual act upon another person—
(i) by force;
(ii) by threat or placing the person in fear;
(iii) when the other person has not consented;
(iv) when the other person is incapable of consenting and the accused knew or reasonably should have known of that incapacity; or
(v) through abuse of authority that legally invalidates the purported consent.
(b) Consent means a freely given agreement to the conduct at issue. Submission resulting from force, threat, coercion, or legally disqualifying incapacity is not consent.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 146. Abusive Sexual Contact.
(a) A person subject to this Code who knowingly causes sexual contact with another person under circumstances described in Article 145(a) is guilty of abusive sexual contact.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 147. Negligent Homicide.
(a) A person subject to this Code is guilty of negligent homicide when—
(i) the person owes a duty of reasonable care under the circumstances;
(ii) the person engages in culpably negligent conduct amounting to a substantial departure from the care a reasonable person would exercise;
(iii) the conduct causes the death of another human being; and
(iv) the death is not more specifically punishable as murder or manslaughter.
(b) Ordinary negligence, without the substantial departure required by subsection (a), does not constitute an offense under this Article.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 148. Communicating a Threat.
(a) A person subject to this Code is guilty under this Article when the person knowingly communicates a serious expression of intent to unlawfully cause death, bodily harm, kidnapping, or substantial destruction of property and intends the communication to be understood as a threat or knows that it will reasonably be understood as a threat.
(b) Political rhetoric, advocacy, jokes, hyperbole, conditional statements, or angry language do not constitute an offense unless the Government proves the threatening intent or knowledge required by subsection (a).
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 149. Stalking.
(a) A person subject to this Code is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person that—
(i) would cause a reasonable person to fear death, bodily harm, sexual assault, kidnapping, or other serious harm; and
(ii) actually causes that person substantial fear or substantial emotional distress.
(b) A course of conduct requires two or more acts and may include following, monitoring, threatening, repeatedly contacting, surveilling, or using another person or electronic means to do so.
(c) Conduct undertaken for a lawful investigative, protective, judicial, command, or security purpose does not constitute stalking when reasonably related to that purpose.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XVI. PROPERTY, FRAUD, AND CORRUPTION
Article 150. Larceny.
(a) A person subject to this Code who wrongfully takes, obtains, withholds, or exercises control over property of another with intent permanently to deprive or defraud the owner of its use or benefit is guilty of larceny.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 151. Wrongful Appropriation.
(a) A person subject to this Code who wrongfully takes, obtains, withholds, or exercises control over property of another with intent temporarily to deprive the owner of its use or benefit is guilty of wrongful appropriation.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 152. Robbery.
(a) A person subject to this Code who commits larceny from the person or immediate presence of another through force, violence, intimidation, or threat of immediate bodily harm is guilty of robbery.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 153. Extortion.
(a) A person subject to this Code is guilty of extortion when the person knowingly obtains or attempts to obtain property, money, an official act, personal benefit, or another thing of value through wrongful threat of—
(i) bodily injury;
(ii) accusation;
(iii) exposure;
(iv) adverse official action; or
(v) misuse of military authority.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 154. Destruction or Damage of Military Property.
(a) A person subject to this Code is guilty under this Article when, without lawful authority, the person willfully—
(i) destroys;
(ii) damages;
(iii) loses;
(iv) sells;
(v) disposes of; or
(vi) causes the destruction, damage, loss, sale, or wrongful disposition of military property.
(b) Culpably negligent damage or loss may be charged under this Article when negligence is specifically alleged.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 155. Fraud Against the United States.
(a) A person subject to this Code is guilty of fraud against the United States when, with intent to defraud, the person knowingly—
(i) presents a materially false claim;
(ii) obtains military money or property through material deception; or
(iii) participates in a scheme intended to deprive the United States of money, property, or a lawful financial interest.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 156. Bribery.
(a) A person subject to this Code is guilty of bribery when the person corruptly demands, seeks, receives, accepts, offers, promises, or gives anything of value in exchange for influencing an official military act.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 157. Forgery.
(a) A person subject to this Code is guilty of forgery when, with intent to defraud or deceive, the person falsely makes, materially alters, completes, authenticates, issues, or transfers a writing, record, credential, authorization, or electronic document so that it purports to be genuine when it is not.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 158. Arson.
(a) A person subject to this Code is guilty of arson when the person knowingly and wrongfully sets fire to, burns, or causes an explosion damaging—
(i) military property;
(ii) a dwelling;
(iii) an occupied structure;
(iv) a vehicle, vessel, or aircraft; or
(v) other property under circumstances creating a substantial risk of death, serious bodily harm, or major property loss.
(b) Where the conduct is directed at military property for an operational or hostile purpose, another more specific Article may also apply subject to Article 220.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 159. Receiving, Possessing, or Concealing Stolen Property.
(a) A person subject to this Code is guilty under this Article when the person knowingly receives, possesses, conceals, transports, transfers, or disposes of property the person knows to have been stolen, wrongfully appropriated, or obtained by robbery.
(b) Knowledge may be established by direct or circumstantial evidence but shall not be presumed merely from possession.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XVII. FALSEHOOD AND OFFICIAL RECORDS
Article 160. False Official Statement.
(a) A person subject to this Code who, with intent to deceive, knowingly makes a materially false official statement concerning a matter within military authority is guilty of making a false official statement.
(b) A mistake, negligent inaccuracy, honestly held opinion, or statement reasonably believed to be true does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 161. Falsification of Official Records.
(a) A person subject to this Code is guilty of falsification of official records when the person knowingly and willfully creates, alters, destroys, conceals, or causes the creation or alteration of an official military record with intent to—
(i) deceive;
(ii) conceal misconduct;
(iii) obstruct lawful action;
(iv) obtain an unauthorized benefit; or
(v) impose an unauthorized consequence upon another person.
(b) A lawful correction, amendment, superseding record, archival action, or authorized disposition does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 162. Impersonation of Military Authority.
(a) A person subject to this Code is guilty under this Article when the person knowingly and falsely represents that the person possesses a military office, rank, judicial authority, law-enforcement authority, command authority, professional certification, or official power that the person does not possess and—
(i) acts upon that representation; or
(ii) attempts to obtain a material benefit through that representation.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 163. Perjury.
(a) A person subject to this Code is guilty of perjury when, while under an oath or affirmation lawfully administered in a military judicial proceeding, the person knowingly makes a materially false statement that the person does not believe to be true.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 164. False Duty, Muster, or Personnel Report.
(a) A person subject to this Code is guilty under this Article when, with intent to deceive, the person knowingly creates, submits, certifies, alters, or causes another to create or submit a materially false official report concerning duty status, muster, attendance, personnel accountability, readiness, qualification, training, or another official personnel matter.
(b) This Article does not punish a good-faith estimate, clerical error, or honestly mistaken entry.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 165. Counterfeiting or Altering Military Credentials or Process.
(a) A person subject to this Code is guilty under this Article when, with intent to deceive or obtain an unauthorized benefit, the person knowingly counterfeits, materially alters, manufactures, possesses for fraudulent use, or uses as genuine a false or altered—
(i) military identification credential;
(ii) pass or access credential;
(iii) military order;
(iv) warrant, subpoena, writ, or other judicial process;
(v) appointment, commission, qualification, or certification; or
(vi) other official military credential or authorization.
(b) Lawful reproduction for training, testing, archival, demonstrative, or evidentiary purposes does not constitute an offense when clearly identified and not used to deceive.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 166. Unauthorized Modification or Destruction of Military Data.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority deletes, destroys, corrupts, suppresses, materially alters, encrypts, disables, or renders unavailable military data, a military information system, or an official electronic record.
(b) The offense is aggravated when the conduct materially interferes with military operations, judicial proceedings, personnel administration, security, readiness, or preservation of evidence.
(c) Authorized maintenance, correction, retention management, security response, or technical administration does not constitute an offense when performed within lawful authority.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 167. Tampering with a Judicial or Administrative Record.
(a) A person subject to this Code is guilty under this Article when, with intent to deceive, conceal, obstruct, retaliate, or produce an unauthorized legal or administrative result, the person knowingly—
(i) alters;
(ii) destroys;
(iii) conceals;
(iv) removes;
(v) backdates;
(vi) fabricates; or
(vii) causes unauthorized modification of
a judicial, disciplinary, personnel, investigative, or other official military record.
(b) Lawful amendment, correction, sealing, redaction, archival action, expungement, purge, or records management performed under proper authority does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 168. Knowingly False Accusation or Complaint.
(a) A person subject to this Code is guilty under this Article when, with intent to cause an investigation, disciplinary action, professional action, adverse personnel action, or criminal proceeding against another person, the accused knowingly fabricates and communicates a materially false allegation of fact.
(b) The falsity of an allegation shall not be inferred solely because—
(i) the allegation cannot be substantiated;
(ii) no charges are preferred;
(iii) charges are dismissed;
(iv) the accused person is acquitted;
(v) witnesses disagree; or
(vi) the reporting person later expresses uncertainty or corrects a good-faith mistake.
(c) Good-faith reporting of suspected misconduct, even when mistaken, incomplete, disputed, or ultimately unsubstantiated, does not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 169. Unlawful Disclosure of Protected Official Records.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority discloses a restricted personnel, investigative, disciplinary, legal, medical, security, or other official military record to a person not authorized to receive it.
(b) The Government must prove that the accused knew the record was protected or restricted and knew or was reckless as to the recipient's lack of authorization.
(c) Lawful reporting, discovery, disclosure required by judicial order, authorized official use, and protected whistleblower activity do not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XVIII. OFFENSES AGAINST MILITARY JUSTICE
Article 170. Obstruction of Military Justice.
(a) A person subject to this Code who knowingly and corruptly obstructs, influences, impedes, or attempts to obstruct, influence, or impede—
(i) a military investigation;
(ii) a court-martial;
(iii) an appellate proceeding;
(iv) judicial review;
(v) a disciplinary proceeding; or
(vi) execution of a lawful military judgment;
is guilty of obstruction of military justice.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 171. Evidence Tampering.
(a) A person subject to this Code is guilty of evidence tampering when, with intent to affect an investigation or judicial proceeding, the person knowingly and willfully—
(i) alters;
(ii) destroys;
(iii) conceals;
(iv) substitutes;
(v) fabricates;
(vi) plants; or
(vii) materially manipulates evidence.
(b) Knowingly presenting fabricated or materially altered evidence as authentic with intent to deceive a military court constitutes evidence tampering.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 172. Witness Tampering.
(a) A person subject to this Code is guilty of witness tampering when, with intent to interfere unlawfully with testimony or evidence, the person knowingly uses—
(i) intimidation;
(ii) threat;
(iii) coercion;
(iv) corrupt persuasion;
(v) an improper benefit; or
(vi) materially deceptive conduct.
(b) Lawful witness preparation, advice concerning legal rights, and good-faith efforts to obtain truthful testimony do not violate this Article.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 173. Retaliation.
(a) A person subject to this Code is guilty of retaliation when the person knowingly takes, directs, or materially participates in an adverse official action against another because that person—
(i) reported suspected misconduct;
(ii) provided evidence;
(iii) testified;
(iv) exercised a right under this Code;
(v) represented a party;
(vi) issued a judicial decision; or
(vii) lawfully participated in military justice proceedings.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 174. Unlawful Influence.
(a) A person subject to this Code is guilty of unlawful influence when the person knowingly attempts through rank, command authority, threat, coercion, promise, personnel action, improper communication, or misuse of official power to dictate or improperly influence—
(i) a finding;
(ii) a sentence;
(iii) a judicial ruling;
(iv) a judgment; or
(v) an appellate determination.
(b) The offense is complete whether or not the attempted influence succeeds.
(c) Lawful advocacy, authorized appellate review, and administrative action unrelated to the desired outcome of a case do not constitute unlawful influence.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 175. Violation of a Judicial Order.
(a) A person subject to this Code is guilty under this Article when—
(i) a lawful judicial order applies to that person;
(ii) the person has actual knowledge of the order; and
(iii) the person knowingly and willfully violates the order.
(b) Lawfully seeking reconsideration, appeal, certiorari, or another form of judicial review does not constitute a violation, but does not suspend compliance unless a stay has been entered.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 176. False Representation to a Military Court.
(a) A person subject to this Code is guilty under this Article when, with intent to deceive a military court, the person knowingly and willfully—
(i) submits materially false evidence;
(ii) falsifies a material judicial filing; or
(iii) makes a materially false factual representation to the court.
(b) An unsuccessful legal argument, disputed interpretation, clerical error, or good-faith factual contention does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 177. Escape from Custody or Confinement.
(a) A person subject to this Code who knowingly and without lawful authority escapes from military custody or confinement lawfully imposed under this Code is guilty of escape.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 178. Unauthorized Disclosure of Sealed or Restricted Judicial Material.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority discloses, publishes, transfers, or provides access to material the person knows is sealed, restricted, protected by judicial order, or otherwise lawfully limited within a military judicial proceeding.
(b) The Government must prove that the accused had actual knowledge of the restriction or judicial order.
(c) Disclosure authorized by the court, required for lawful appellate review, necessary for authorized representation, or otherwise permitted by controlling law does not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 179. Breach of Protected Legal or Judicial Confidentiality.
(a) A person subject to this Code who obtains information through a protected attorney, judicial, clerk, appellate, disciplinary, or comparable legal function is guilty under this Article when the person knowingly and without lawful authority discloses that information for the purpose of—
(i) harming a party or client;
(ii) providing an improper advantage;
(iii) influencing a proceeding;
(iv) retaliating against a participant; or
(v) defeating a legal protection.
(b) This Article applies only where controlling law, privilege, judicial order, or official duty requires the information to remain confidential.
(c) A disclosure authorized by the affected client, required by law, ordered by a court, or otherwise permitted under the applicable professional rules does not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XIX. GENERAL MILITARY OFFENSES
Article 180. Drunkenness or Incapacitation on Duty.
(a) A person subject to this Code is guilty under this Article when, while required to perform an assigned military duty, the person—
(i) is materially impaired by alcohol, a controlled substance, or another intoxicating substance as a result of knowing wrongful use; or
(ii) through knowing wrongful use of such a substance becomes materially incapable of performing the assigned duty safely or effectively.
(b) Lawful medical treatment, an unforeseen adverse reaction, or another circumstance not involving knowing wrongful use does not constitute an offense.
(c) The Government must prove a material connection between the impairment and the assigned duty. Mere prior consumption without material impairment is insufficient.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 181. Unauthorized Use of Military Property.
(a) A person subject to this Code is guilty under this Article when the person knowingly uses military property for a purpose known to be materially unauthorized and that use—
(i) causes material harm;
(ii) creates substantial risk;
(iii) produces unlawful personal gain; or
(iv) significantly interferes with military operations.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 182. Controlled Substances.
(a) A person subject to this Code is guilty under this Article when the person knowingly and wrongfully—
(i) possesses;
(ii) uses;
(iii) distributes;
(iv) manufactures;
(v) introduces;
(vi) transfers; or
(vii) possesses with intent to distribute a controlled substance prohibited by applicable military law.
(b) Lawful possession, administration, or use pursuant to valid medical authority does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 183. Riot or Breach of Peace.
(a) A person subject to this Code is guilty under this Article when the person knowingly—
(i) participates with others in violent or tumultuous conduct materially disturbing public or military order; or
(ii) wrongfully causes a serious disturbance materially affecting the peace or security of a military command.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
Article 184. General Article.
(a) A person subject to this Code is guilty under this Article when the person knowingly engages in wrongful conduct that is not more specifically punishable under another Article and the conduct—
(i) creates a direct, substantial, and reasonably identifiable injury to good order and discipline within the armed forces; or
(ii) under the circumstances, directly and substantially brings discredit upon the armed forces or the military service of the United States.
(b) A specification under this Article shall identify—
(i) the wrongful conduct alleged;
(ii) whether the Government proceeds under subsection (a)(i), subsection (a)(ii), or both; and
(iii) the military interest materially harmed or the direct and substantial basis upon which the conduct is alleged to have brought discredit upon the armed forces.
(d) The Government shall prove a direct and substantial military nexus.
(e) This Article shall not be used to avoid an element, defense, jurisdictional limitation, mental-state requirement, or sentencing restriction belonging to a more specific punitive Article.
(f) No person may be convicted under this Article solely because the conduct resembles an offense established by another body of law. The Government must prove the elements of this Article independently.
(g) A person guilty under this Article shall be punished as a court-martial may direct.
Article 185. Conduct Unbecoming an Officer.
(a) Any commissioned officer subject to this Code who, while acting in an official capacity, engages in conduct unbecoming an officer to the prejudice of good order and discipline or which brings discredit upon the armed forces is guilty under this Article.
(c) This Article shall not be used to avoid an element, defense, jurisdictional limit, or sentencing restriction of a more specific punitive Article.
(d) A specification under this Article shall identify the conduct alleged, the official capacity in which the officer acted, and the prejudice to good order and discipline or discredit upon the armed forces alleged to have resulted.
(e) A person guilty under this Article shall be punished as a court-martial may direct.
Article 186. Sexual Harassment.
(a) A person subject to this Code is guilty of sexual harassment when the person knowingly engages in unwelcome sexual conduct that—
(i) is made a condition of military employment, assignment, advancement, benefit, evaluation, or treatment;
(ii) is used as the basis for a material military decision concerning another person; or
(iii) is severe or pervasive enough to materially interfere with another person's military duties or create an objectively abusive military working environment.
(b) Sexual conduct may include unwelcome sexual advances, requests for sexual activity, sexual comments, sexually explicit communications, or other comparable conduct.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 187. Wrongful Use or Discharge of a Weapon.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority—
(i) discharges a firearm or other weapon;
(ii) uses a weapon to threaten or coerce another person; or
(iii) employs a weapon in a materially unauthorized manner creating a substantial risk of death, bodily harm, or major property damage.
(b) Lawful combat, training, qualification, law-enforcement, security, ceremonial, or defensive use does not constitute an offense when conducted within lawful authority.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 188. Negligent Discharge of a Firearm or Weapon.
(a) A person subject to this Code is guilty under this Article when the person, through culpable negligence, causes the unintended discharge of a firearm or other dangerous weapon and thereby creates a substantial risk of death, bodily harm, or major property damage.
(b) Culpable negligence requires a substantial departure from the care reasonably expected under the circumstances. A purely accidental discharge despite reasonable care does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 189. Reckless Operation of a Military Vehicle, Vessel, or Aircraft.
(a) A person subject to this Code is guilty under this Article when the person knowingly operates a military vehicle, vessel, aircraft, or comparable military conveyance with reckless disregard for the safety of persons, property, or military operations.
(b) Recklessness requires conscious disregard of a substantial and unjustifiable risk. Mere ordinary negligence or a reasonable operational decision made under emergency or combat conditions does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XX. LAW ENFORCEMENT AND JUDICIAL ENFORCEMENT
Article 190. Contempt of Military Court.
(a) A military court may punish contempt consisting of—
(i) willful disobedience of a lawful judicial command materially connected to a proceeding before the court;
(ii) materially disruptive conduct in the presence of the court;
(iii) refusal without lawful basis to comply with an order to testify or produce evidence; or
(iv) intentional conduct materially obstructing the immediate administration of a proceeding.
(b) Contempt shall not be imposed for—
(i) criticism of a judicial decision;
(ii) good-faith advocacy;
(iii) respectful objection; or
(iv) lawful appellate activity.
(c) The conduct constituting contempt and the sanction imposed shall be entered upon the record.
Article 191. Enforcement of Judicial Process.
(a) Lawful judicial process issued under this Code shall be executed by the military officials responsible for enforcement.
(b) Judicial process includes—
(i) warrants;
(ii) subpoenas;
(iii) writs;
(iv) judgments;
(v) confinement orders;
(vi) release orders;
(vii) stays; and
(viii) mandates.
(c) A military official shall not refuse execution merely because the official disagrees with the underlying judicial determination.
(d) A person subject to this Code who has an official duty to execute or cause execution of lawful judicial process and knowingly and willfully refuses or obstructs that execution without lawful basis is guilty under this Article.
(e) A person guilty under subsection (d) shall be punished as a court-martial may direct.
Article 192. Military Police and Military Law-Enforcement Authority.
(a) Military Police are military law-enforcement officers of the armed forces and may exercise the law-enforcement authority lawfully assigned to them by this Code, military regulation, judicial process, command authority, or other controlling law.
(b) Subject to controlling law, Military Police may—
(i) apprehend persons subject to this Code when legally authorized;
(ii) investigate suspected military offenses;
(iii) secure scenes and preserve evidence;
(iv) execute warrants, confinement orders, release orders, subpoenas, and other lawful process;
(v) conduct lawful searches, seizures, stops, and protective actions;
(vi) maintain military security and public order; and
(vii) perform other military law-enforcement duties lawfully assigned.
(c) Military Police authority is limited by this Code, the Rules of Practice and Procedure, the Rules of Evidence, judicial orders, and other controlling law. Possession of law-enforcement status does not authorize an unlawful search, arrest, punishment, or interference with protected legal or judicial functions.
(d) A person does not commit an offense merely by lawfully declining consent to a search, invoking the right to counsel, remaining silent where legally permitted, requesting identification or legal authority, recording conduct where lawful, filing a complaint, or challenging police action through an authorized process.
Article 193. Obstruction of Military Police.
(a) A person subject to this Code is guilty under this Article when the person knowingly and intentionally obstructs, impedes, delays, intimidates, or materially interferes with Military Police or another military law-enforcement officer who is lawfully performing official duties, and the conduct actually causes or creates a substantial risk of material interference.
(b) Mere criticism, verbal disagreement, refusal to consent to a search, lawful silence, request for counsel, request for a supervisor, filing a complaint, or other lawful assertion of a right does not constitute obstruction.
(c) This Article does not punish refusal to comply with an unlawful command or unlawful police action.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 194. Resisting Apprehension.
(a) A person subject to this Code is guilty of resisting apprehension when the person knowingly uses or threatens physical force to prevent or materially hinder a lawful apprehension by Military Police or another person authorized to apprehend.
(b) Passive refusal, verbal protest, or failure to assist does not constitute resisting apprehension unless another law specifically requires action.
(c) The apprehension must be lawful. Reasonable force used in lawful self-defense against excessive or unlawful force is not prohibited by this Article.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 195. Assault on Military Police or a Military Law-Enforcement Officer.
(a) A person subject to this Code is guilty under this Article when the person knowingly commits an assault or battery against Military Police or another military law-enforcement officer while that officer is lawfully performing official duties and the accused knows or reasonably should know the person's law-enforcement status.
(b) Aggravated assault upon a military law-enforcement officer may be charged where the conduct satisfies Article 142(c).
(c) Lawful self-defense remains available where otherwise recognized by law.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 196. Fleeing or Evading Military Police.
(a) A person subject to this Code is guilty under this Article when, after receiving and understanding a clear lawful signal or command to stop from Military Police or another military law-enforcement officer, the person knowingly flees or attempts to evade detention, apprehension, or a lawful investigative stop.
(b) The Government must prove actual knowledge of the signal or command. Failure to notice or understand a signal is not sufficient.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 197. Interference with Apprehension or Custody.
(a) A person subject to this Code is guilty under this Article when, knowing that another person is lawfully sought for apprehension, detained, restrained, or in custody, the person intentionally—
(i) assists that person in avoiding lawful apprehension;
(ii) aids an escape;
(iii) conceals the person from lawful authorities;
(iv) disables or defeats a lawful custody measure; or
(v) materially interferes with lawful transfer, detention, or confinement.
(b) Lawful legal representation, protected family communication, good-faith advice concerning legal rights, or refusal to provide assistance where no legal duty exists does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 198. Breaking Arrest or Pretrial Restraint.
(a) A person subject to this Code is guilty under this Article when the person—
(i) is lawfully placed under arrest, restriction, conditions on liberty, or another form of pretrial restraint;
(ii) has actual knowledge of the restraint and its material conditions; and
(iii) knowingly and willfully violates or breaks that restraint.
(b) A good-faith misunderstanding of an ambiguous condition does not constitute an offense unless the Government proves the required knowledge and willfulness.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 199. False Information to Military Police.
(a) A person subject to this Code is guilty under this Article when, with intent to materially mislead or obstruct a lawful military law-enforcement investigation or apprehension, the person knowingly gives Military Police or another military law-enforcement officer materially false factual information.
(b) A person who has a legal right to remain silent does not violate this Article by remaining silent, declining to answer, or requesting counsel.
(c) A mistake, uncertainty, inconsistent recollection, or immaterial falsehood does not constitute an offense unless the Government proves the knowing intent required by subsection (a).
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XXI. FINAL JUDICIAL AUTHORITY
Article 200. Extraordinary Dismissal by the Judge Advocate General.
(a) The Judge Advocate General may order final dismissal of an underlying military judicial proceeding when—
(i) the originating military court lacked jurisdiction;
(ii) the proceeding was instituted without lawful authority;
(iii) continued prosecution is prohibited by controlling law;
(iv) the charge is legally incapable of maintenance; or
(v) a fundamental defect exists that cannot lawfully be corrected through reversal, vacatur, modification, or remand.
(b) The judgment shall state whether dismissal is—
(i) with prejudice; or
(ii) without prejudice.
(c) A dismissal with prejudice prohibits a lower military court from reopening, reinstating, or continuing the proceeding contrary to the judgment.
Article 201. Purging of Invalid Judicial Records.
(a) When the Judge Advocate General dismisses a proceeding with prejudice and determines that continued maintenance of the ordinary record would perpetuate a punitive, disciplinary, or legal consequence of an invalid proceeding, the Judge Advocate General may order the affected record purged to the extent specifically stated in the judgment.
(b) A purge may require removal of an invalid—
(i) conviction;
(ii) finding;
(iii) sentence;
(iv) punishment;
(v) disciplinary sanction;
(vi) disqualification; or
(vii) adverse disposition.
(c) Removal may extend to—
(i) ordinary case searches;
(ii) public judicial registers;
(iii) personnel-facing judicial histories;
(iv) punishment records; and
(v) disciplinary records.
(d) The opinion or judgment ordering the purge shall be preserved.
(e) A restricted archival record shall retain—
(i) the final judgment;
(ii) original case identifiers;
(iii) the date of execution;
(iv) categories of records affected; and
(v) audit information necessary to establish the lawful disposition.
(f) A restricted archival record retained under this Article shall not itself operate as an adverse military or disciplinary record against the affected person.
Article 202. Finality of Decisions of the Judge Advocate General.
(a) A final judgment of the Judge Advocate General is binding upon every military court, officer, command, and military official to the extent required by the judgment and mandate.
(b) No lower military court, commanding officer, administrative official, or service authority may reverse, disregard, modify, or evade a final judgment of the Judge Advocate General.
(c) Proceedings conducted following remand shall conform to the holdings and limitations contained in the judgment and mandate.
Chapter XXII. ADMINISTRATION OF MILITARY JUSTICE
Article 210. Authority of the Judge Advocate General.
(a) The Judge Advocate General shall exercise general supervision over the administration of military justice throughout the armed forces and shall serve as the supreme judicial authority established by this Code.
(b) The Judge Advocate General may prescribe and maintain—
(i) the Rules of Practice and Procedure;
(ii) the Rules of Evidence;
(iii) sentencing guidelines;
(iv) professional standards governing military lawyers and judicial officers; and
(v) administrative requirements governing operation of the military courts.
(c) Authority under section (b) shall not be used to create a substantive criminal offense or enlarge military jurisdiction beyond this Code.
(d) Administrative, supervisory, or technical access to a proceeding does not constitute judicial assignment to that proceeding.
Article 211. Deputy Judge Advocate General.
(a) The Deputy Judge Advocate General shall assist the Judge Advocate General in administration and supervision of military justice.
(b) The Deputy Judge Advocate General does not constitute a separate appellate tier between an Assistant Judge Advocate General and the Judge Advocate General.
(c) The Deputy Judge Advocate General may exercise judicial authority belonging to the Judge Advocate General only pursuant to a formal designation to act for the Judge Advocate General.
(d) Section (c) does not restrict an authority independently assigned to the Deputy Judge Advocate General by this Code, including approval authority concerning ranklock.
Article 212. Assistant Judges Advocate General.
(a) Each Assistant Judge Advocate General shall exercise appellate, supervisory, and administrative authority for the service or services assigned to that office.
(b) An Assistant Judge Advocate General may maintain supervisory visibility over proceedings originating within an assigned service.
(c) Supervisory authority shall not be used before appellate jurisdiction attaches to—
(i) determine a trial motion;
(ii) dictate an evidentiary ruling;
(iii) direct a finding;
(iv) direct a sentence; or
(v) otherwise interfere with the independent judicial authority of a Military Judge.
Article 213. Military Judges.
(a) Military Judges shall exercise original judicial authority over proceedings assigned under this Code.
(b) A Military Judge shall decide matters according to—
(i) this Code;
(ii) the Rules of Practice and Procedure;
(iii) the Rules of Evidence; and
(iv) controlling judicial precedent.
(c) A Military Judge shall not receive or act upon an ex parte direction concerning the merits or desired outcome of a pending proceeding.
Article 214. Government Counsel.
(a) Government counsel shall represent the United States and seek the lawful administration of military justice.
(b) Government counsel shall not knowingly—
(i) present false evidence;
(ii) conceal material evidence in violation of a disclosure obligation;
(iii) make a materially false factual representation to a military court; or
(iv) interfere with lawful defense representation.
Article 215. Defense Counsel.
(a) Defense counsel shall represent the lawful interests of the accused independently and diligently.
(b) No military authority may direct defense counsel concerning—
(i) advice provided to the accused;
(ii) defenses asserted;
(iii) motions filed;
(iv) evidence challenged;
(v) a plea recommended;
(vi) an appellate issue presented; or
(vii) another matter of professional judgment.
Chapter XXIII. CONSTRUCTION AND EFFECT
Article 220. Construction of Punitive Articles.
(a) No person may be convicted of an offense under this Code unless every element of the offense is proven beyond a reasonable doubt.
(b) Criminal liability shall not be created by analogy.
(c) When a specific punitive Article addresses the conduct alleged, a more general Article shall not be used to avoid—
(i) an element;
(ii) a defense;
(iii) a jurisdictional limitation; or
(iv) a sentencing restriction;
applicable to the specific offense.
Article 221. Lesser Included Offenses.
(a) An accused may be found guilty of an offense necessarily included within the charged offense when—
(i) every element of the lesser offense is contained within the charged offense; and
(ii) the lesser offense is proven beyond a reasonable doubt.
(b) Similarity of conduct or factual background alone does not establish a lesser included offense.
Article 222. Mistake.
(a) A mistake of fact constitutes a defense when the mistake negates the state of mind required by the charged offense.
(b) A mistake concerning authority, duty, identity, circumstance, ownership, consent, or another material fact shall be evaluated according to the state of mind required by the punitive Article charged.
Article 223. Lawful Orders.
(a) No person has a duty under this Code to obey an unlawful order.
(b) An order is unlawful when it—
(i) directs commission of an offense;
(ii) requires conduct beyond the lawful authority of the issuing official; or
(iii) requires conduct prohibited by controlling law.
(c) Disagreement with the wisdom, necessity, policy, or tactical judgment underlying an otherwise lawful order does not render the order unlawful.
(d) The legality of an order is a question of law for the military court.
Article 224. Relationship to Rules and Sentencing Guidelines.
(a) This Code controls when inconsistent with—
(i) the Rules of Practice and Procedure;
(ii) the Rules of Evidence;
(iii) sentencing guidelines;
(iv) administrative regulations;
(v) service policies; or
(vi) local judicial procedures.
(b) A rule, guideline, regulation, or policy shall not—
(i) create a substantive criminal offense;
(ii) eliminate an element of an offense;
(iii) reduce the Government’s burden of proof;
(iv) eliminate a substantive defense;
(v) enlarge military jurisdiction; or
(vi) authorize a punishment prohibited by this Code.
Article 225. Amendments and Historical Versions.
(a) An amendment to this Code shall identify the Article amended, repealed, added, or redesignated.
(b) Historical versions shall remain identifiable when necessary to determine the law applicable to earlier conduct or proceedings.
(c) No amendment shall operate retroactively to—
(i) create criminal liability for conduct not punishable when committed;
(ii) enlarge criminal liability for earlier conduct; or
(iii) increase the punishment applicable to earlier conduct.
Article 226. Effective Status.
(a) This Code shall not impose criminal liability while designated Draft, Proposed, or Pending Approval.
(b) Upon lawful enactment, the version placed into force and its effective date shall be officially recorded.
(c) Publication, technical deployment, database entry, or distribution does not by itself enact this Code.
Chapter XXIV. ADDITIONAL PROPERTY AND ACCESS OFFENSES
Article 227. Unlawful Entry or Burglary.
(a) A person subject to this Code is guilty of unlawful entry when the person knowingly enters or remains in a building, room, restricted area, vessel, vehicle, installation space, or other protected location without lawful authority and under circumstances materially interfering with security, privacy, property rights, or military operations.
(b) A person is guilty of burglary when the person unlawfully enters or remains in a protected location with intent to commit an offense therein.
(c) Entry resulting from mistake, emergency necessity, or reasonable reliance on apparent authorization does not constitute an offense absent the required knowledge and intent.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 228. Wrongful Sale, Transfer, or Disposition of Military Property.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority sells, transfers, gives away, abandons, pledges, trades, or otherwise disposes of military property.
(b) The Government must prove that the accused knew the property was military property or was reckless as to that fact.
(c) Authorized disposal, issue, transfer, salvage, destruction, or abandonment performed within official authority does not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 229. Misuse of Government Funds or Property.
(a) A person subject to this Code is guilty under this Article when the person knowingly uses Government funds, military property, Government purchasing authority, or another Government resource for a materially unauthorized private purpose and the use—
(i) produces unlawful personal gain;
(ii) causes material financial loss;
(iii) substantially interferes with military operations; or
(iv) constitutes a serious abuse of entrusted authority.
(b) Incidental, de minimis, or reasonably authorized personal use does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 230. Hazarding a Military Vessel, Aircraft, or Vehicle.
(a) A person subject to this Code who is responsible for the operation, navigation, control, maintenance, dispatch, or safety of a military vessel, aircraft, vehicle, or comparable military conveyance is guilty under this Article when the person knowingly or recklessly creates a substantial and unjustifiable risk of loss, destruction, grounding, collision, crash, capture, or serious operational impairment.
(b) A person is not guilty merely because a reasonable operational decision results in damage, loss, or failure. The Government must prove knowing or reckless conduct creating the prohibited risk.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 231. Unauthorized Use of Another Person's Military Credentials.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority uses, presents, possesses for fraudulent use, or transfers another person's military credential, access token, authentication factor, identification, pass, or account for the purpose of obtaining access, authority, benefit, information, or action the person is not entitled to receive.
(b) Authorized technical support, delegated access, testing, training, or emergency use does not constitute an offense when performed within lawful authority.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XXV. ADDITIONAL MILITARY JUSTICE OFFENSES
Article 232. Accessory After the Fact.
(a) A person subject to this Code is guilty as an accessory after the fact when—
(i) another person has committed an offense under this Code;
(ii) the accused knows that the offense was committed; and
(iii) with intent to hinder or prevent apprehension, investigation, trial, punishment, or lawful disciplinary action, the accused knowingly assists the offender.
(b) Assistance may include concealment, transportation, destruction or suppression of evidence, provision of a false alibi, evasion assistance, or other material aid intended to hinder lawful accountability.
(c) Lawful legal representation, privileged communication, ordinary family contact, or refusal to volunteer assistance where no legal duty exists does not constitute an offense.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 233. Concealment of a Serious Military Offense.
(a) A person subject to this Code is guilty under this Article when—
(i) the person has actual knowledge that a serious offense specified in subsection (b) has been committed;
(ii) the person knowingly takes an affirmative step to conceal the offense or material evidence of it from competent military authority; and
(iii) the person acts with intent to prevent or materially delay lawful investigation or accountability.
(b) This Article applies to murder, treason, espionage, sabotage, mutiny, kidnapping, sexual assault, robbery, arson, an offense causing serious bodily harm, or another offense expressly designated by controlling law.
(c) Mere silence does not constitute concealment unless another Article or controlling law imposes a specific duty to report.
(d) Conduct protected by attorney-client privilege or another controlling legal protection does not constitute an offense.
(e) A person guilty under this Article shall be punished as a court-martial may direct.
Article 234. Interference with a Military Investigation.
(a) A person subject to this Code is guilty under this Article when the person knowingly and corruptly interferes with a lawful military investigation by—
(i) concealing or destroying material evidence;
(ii) directing another person to evade lawful investigative process;
(iii) using threat, coercion, bribery, or deception to prevent lawful cooperation;
(iv) materially corrupting an investigative record; or
(v) knowingly defeating a lawful investigative measure.
(b) Lawful advocacy, invocation of rights, representation by counsel, challenge to investigative authority, refusal to consent where consent is legally required, or good-faith criticism does not constitute an offense.
(c) Where conduct is more specifically punishable under Article 171, 172, 193, or another Article, Article 220 controls.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Article 235. Unauthorized Disclosure of Protected Investigative Information.
(a) A person subject to this Code is guilty under this Article when the person knowingly and without lawful authority discloses material investigative information that the person knows is restricted and the disclosure—
(i) materially risks compromising an investigation;
(ii) exposes a protected witness, source, or investigative method;
(iii) creates a substantial risk to safety or evidence; or
(iv) defeats a lawful investigative purpose.
(b) Authorized disclosure to counsel, a court, oversight authority, or another person entitled to receive the information does not constitute an offense.
(c) Protected reporting of misconduct or unlawful activity does not constitute an offense merely because investigative information is involved.
(d) A person guilty under this Article shall be punished as a court-martial may direct.
Chapter XXVI. WEAPONS, VEHICLES, AND OPERATIONAL SAFETY
Article 236. Negligent Operation of a Military Vehicle, Vessel, or Aircraft.
(a) A person subject to this Code is guilty under this Article when, through culpable negligence, the person operates or controls a military vehicle, vessel, aircraft, or comparable conveyance in a manner creating a substantial risk of death, serious bodily harm, or major property damage.
(b) Culpable negligence requires a substantial departure from reasonable care. Ordinary negligence or a reasonable operational judgment made under emergency or combat conditions does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 237. Unauthorized Weapons Handling.
(a) A person subject to this Code is guilty under this Article when the person knowingly handles, carries, stores, transfers, loads, unloads, or manipulates a firearm, explosive weapon, or other dangerous military weapon in a materially unauthorized manner and thereby creates a substantial risk of death, bodily harm, theft, loss, or accidental discharge.
(b) A minor technical deviation that creates no substantial risk does not constitute an offense.
(c) A person guilty under this Article shall be punished as a court-martial may direct.
Article 238. Failure to Secure a Weapon or Dangerous Military Item.
(a) A person subject to this Code who has an assigned duty to secure a weapon, ammunition, explosive device, or other dangerous military item is guilty under this Article when the person knowingly or recklessly fails to secure it as required and thereby creates a substantial risk of loss, theft, unauthorized use, discharge, or injury.
(b) A person guilty under this Article shall be punished as a court-martial may direct.
