Page 497 - Trump Executive Orders 2017-2021

10200 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(a) Nature of the ojji:mse. No unauthorized communication, correspondence, or intercourse
with the enemy is permissible. The intent, content, and method of the communication,
correspondence, or intercourse are immaterial. No response or receipt by the enemy is required.
The offense is complete the moment the communication, correspondence, or intercourse issues
from the accused. The communication, correspondence, or intercourse may be conveyed directly
or indirectly. A prisoner of war may violate this Article by engaging in unauthorized
communications with the enemy. See also subparagraph 26.c.(3).
(b) Knowledge. Actual knowledge is required but may be proved by circumstantial
evidence.
(c) Citizens of neutral powers. Citizens of neutral powers resident in or visiting invaded or
occupied tenitory can claim no immunity from the customary laws of war relating to
communication with the enemy.
d. Maximum punishment.
Death or such other punishment as a court-martial or military commission may direct.
e. Sample .~pec{ficalions.
(1) Aiding or attempting to aid the enemy.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, ifrequired), on or about 20 _,(attempt to) aid the enemy with
(arms) (ammunition) (supplies) (money) (__), by (furnishing and delivering to
members ofthe enemy's armed forces L_).
(2) Harboring or protecting the enemy.
ln that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _, without proper authority,
knowingly (harbor) (protect) , an enemy, by (concealing the said in (his) (her)
house) ( ).
(3) Giving intelligence to the enemy.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _, without proper authority,
knowingly give intelligence to the enemy, by (informing a patrol of the enemy's forces of the
whereabouts of a military patrol of the United States forces) L_).
( 4) Communicating with the enemy.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _, without proper authority,
knowingly (communicate witl1) (correspond with) (hold intercourse with) the enemy (by writing
and transmitting secretly through the lines to one , whom (he) (she), the said
,
_____ knew to be (an officer of the enemy's anned forces) L_) a communication in
words and figures substantially as follows, to wit: __ ) (indirectly by publishing in __ , a
newspaper published at __ , a communication in words and figures as follows, to wit: __ ,
which communication was intended to reach the enemy) ( ).

34. Article 104 (10 U.S.C. 904)-Public records offenses
a. Text ofstatute.
Any person subject to this chapter who, willfully and unlawfully-
(1) alters, conceals, removes, mutilates, obliterates, or destroys a public
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00314 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.316</GPH>
record; or

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