Article 104 Aiding the Enemy

This article covers the various situations where an enlisted member knowingly helps the enemy whether by giving them protection or providing arms/ ammunition/ money/ supplies or passing on critical intelligence information to them. Under this article, ‘enemy’ refers to any hostile forces that are opposing the United States armed forces whether they are military or civilian in nature.

This section does not apply to a military commission established under chapter 47A of this title.

The UCMJ has several specific provisions relating to espionage (UCMJ Article 104, aiding the enemy; UCMJ Articl 106a, espionage), the federal “espionage” statute (generally found in 18 U. S. Code §793 et. seq., can be applied through UCMJ Article 134(3), crimes and offenses not capital, and UCMJ Article 92 can be used to prosecute people for violating orders about the security, handling, and custody of classified information (for example Paragraph 4-6(k), Army Regulation 25-2). Congress has not declared war since World War II, and has not done so for the current actions in Iraq or Afghanistan.

Article 104: Aiding the enemy. This offense could be intentional or unintentional. Intentionally aiding enemy combatants in any way could potentially lead to more serious charges, including treason.

If you face a possible military case, you may need to know which punitive articles of the Uniform Code of Military Justice (U.C.M.J.) apply. We provide you a list.

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