Page 483 - Trump Executive Orders 2017-2021

10186 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

( 1) That the accused apprehended, arrested, or confined a certain person; and
(2) That the accused unlawfully exercised the accused's authority to do so.
c. Explanation.
(1) Scope. This article prohibits improper acts by those empowered by the UCMJ to arrest,
apprehend, or confine. See Articles 7 and 9; R.C.M. 302, 304, 305, and 1103, and paragraph 2 and
subparagraph S.b., Part V. It does not apply to private acts of false imprisonment or unlawful
restraint of another's freedom of movement by one not acting under such a delegation of authority
under the UCMJ.
(2) Noforce required. The apprehension, arrest, or confinement must be against the will of the
person restrained, but force is not required.
(3) Defense. A reasonable belief held by the person imposing restraint that it is lawful is a
defense.
d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 3 years.
e. Sample .~pecdication.
Tn that (personal jurisdiction data) (subject-matter jurisdiction, if required),
did, (at/on board-location), on or about __ 20 _,unlawfully (apprehend (place
in arrest) (confine m
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26. Article 98 (10 U.S.C. 898)-Misconduct as prisoner
a. Text (?!statute.
Any person subject to this chapter who, while in the hands of the enemy in time of
war-
(1) for the purpose of securing favorable treatment by his captors acts without
proper authority in a manner contrar·y to law, custom, or regulation, to the detriment of
others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) while in a position of authority over such persons maltreats them without
justifiable cause;
shall be punished as a court-martial may direct.
b. Elements.
( 1) Acting without authority to the detriment of another for the purpose of securing favorable
treatment.
(a) That without proper authority the accused acted in a manner contrary to law, custom, or
regulation;
(b) That the act was committed while the accused was in the hands of the enemy in time of
war;
(c) That the act was done for the purpose of securing favorable treatment of the accused by
the captors; and
(d) That other prisoners held by the enemy, either military or civilian, suffered some
detriment because of the accused's act.
(2) !Maltreating prisoners while in a position of authority.
(a) That the accused maltreated a prisoner held by the enemy;
(b) That the act occurred while the accused was in the hands of the enemy in time ofwar;
(c) That the accused held a position of authority over the person maltreated; and
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(d) That the act was without justifiable cause.

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