Uniform Code of Military Justice
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.