Page 492 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10195

(3) Nature ofojfense. Any trespass on the protection of the safeguard will constitute an offense
under this article, whether the safeguard was imposed in time of war or in circumstances amounting
to a state of belligerency short of a formal state of war.
(4) Knowledge. Actual knowledge of the safeguard is not required. It is sufficient if an accused
should have known of the existence of the safeguard.
d.lvfaximum punishment. Death or such other punishment as a court-martial may direct.
e. Sample specification.
In that (personal jurisdiction data), did, (at/on board-location) (subject-matter
jurisdiction, if required), on or about __ 20 _, force a safeguard, (known by (him) (her) to
have been placed over the premises occupied by at by (overwhelming
the guard posted for the protection of the same), _____ ,,, _____ ,

31. Article 103 (10 U.S.C. 903)-Spies
a. Text of statute.
Any person who in time of war is found lurking as a spy or acting as a spy in or about
any place, vessel, or aircraft, within the control m· jurisdiction of any of the armed forces, or
in or about any shipyard, any manufacturing or industrial plant, or any other place or
institution engaged in work in aid of the prosecution of the war by the United States, or
elsewhere, shall be tried by a general court-martial or by a military commission and on
conviction shall be punished by death or such other punishment as a court-martial or a
military commission may direct. This section does not apply to a military commission
established under chapter 47 A of this title.
b. F:lement."!'.
(1) That the accused was found in, about, or in and about a certain place, vessel, or aircraft
within the control or jurisdiction of an armed force of the United States, or a shipyard,
manufacturing or industrial plant, or other place or institution engaged in work in aid of the
prosecution of the war by the United States, or elsewhere;
(2) That the accused was lurking, acting clandestinely or under false pretenses;
(3) That the accused was collecting or attempting to collect certain information;
( 4) That the accused did so with the intent to convey this information to the enemy; and
(5) That this was done in time of war.
c. Explanation.
(l)ln time ofwar. See R.C.M. 103(21).
(2)1inemy. For a discussion of"enemy," see subparagraph 27.c.(l)(b).
(3) Scope of offense. The words "any person" bring within the jurisdiction of general courts-
martial and military commissions all persons of whatever nationality or status who commit spying.
(4) Nature of offense. A person can be a spy only when, acting clandestinely or under false
pretenses, that person obtains or seeks to obtain information with the intent to convey it to a hostile
party. It is not essential that the accused obtain the infonnation sought or that it be communicated.
The offense is complete with lurking or acting clandestinely or under false pretenses with intent to
accomplish these objects.
(5) Intent. It is necessary to prove an intent to convey infonnation to the enemy. This intent
may be inferred from evidence of a deceptive insinuation of the accused among our forces, but
evidence that the person had come within the lines for a comparatively innocent purpose, as to
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visit family or to reach friendly lines by assuming a disguise, is admissible to rebut this inference.
( 6) Persons not included under "spying. "

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