Article 96 — Release of prisoner without authority; drinking with prisoner

Part IV · Punitive Articles

Article 96. Release of prisoner without authority; drinking with prisoner · MCM ¶ 24

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) RELEASE OF PRISONER WITHOUT AUTHORITY.— Any person subject to this chapter—

(1) who, without authority to do so, releases a prisoner; or

(2) who, through neglect or design, allows a prisoner to escape;

shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.

(b) DRINKING WITH PRISONER.— Any person subject to this chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.

(b) Elements.

(1) Releasing a prisoner without authority.

(a) That a certain person was a prisoner; and

(b) That the accused released the prisoner without authority.

(2) Allowing a prisoner to escape through neglect.

(a) That a certain person was a prisoner;

(b) That the prisoner escaped;

(c) That the accused did not take such care to prevent the escape as a reasonably careful person, acting in the capacity in which the accused was acting, would have taken in the same or similar circumstances; and

(d) That the escape was the proximate result of the neglect.

(3) Allowing a prisoner to escape through design.

(a) That a certain person was a prisoner;

(b) That the design of the accused was to allow the escape of that prisoner; and

(4) Drinking with prisoner.

(a) That a certain person was a prisoner; and

(b) That the accused unlawfully drank any alcoholic beverage with that prisoner.

(1) Prisoner. A prisoner is a person who is in confinement or custody imposed under R.C.M. 302, 304, or 305, or under sentence of a court-martial who has not been set free by a person with authority to release the prisoner.

(2) Releasing a prisoner without authority.

(a) Release. The release of a prisoner is removal of restraint by the custodian rather than by the prisoner.

(b) Authority to release. See R.C.M. 305(g) as to who may release pretrial prisoners. Normally, the lowest authority competent to order release of a post-trial prisoner is the commander who convened the court-martial that sentenced the prisoner or the officer exercising general court-martial jurisdiction over the prisoner. See also R.C.M. 1103.

(3) Allowing a prisoner to escape through neglect.

(a) Allow. “Allow” means to permit; not to forbid or hinder.

(b) Neglect. “Neglect” is a relative term. It is the absence of conduct that would have been taken by a reasonably careful custodian in the same or similar circumstances.

(d) Status of prisoner after escape not a defense. After escape, the fact that a prisoner returns, is captured, killed, or otherwise dies is not a defense.

(4) Allowing a prisoner to escape through design. An escape is allowed through design when it is intended by the custodian. Such intent may be inferred from conduct so wantonly devoid of care that the only reasonable inference which may be drawn is that the escape was contemplated as a probable result.

(5) Drinking with prisoner. For purposes of this section, “unlawful” is synonymous with “wrongful.” That is, it is unlawful to drink an alcoholic beverage with a prisoner unless the accused had a legal justification or excuse to do so. In this context, any consumption of alcohol with a prisoner would be unlawful unless the accused had been granted specific authority to do so by competent authority (e.g., a commander of a confinement facility authorizing limited alcohol consumption by prisoners on a holiday or special occasion).

(d) Maximum punishment.

(1) Releasing a prisoner without authority. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(2) Allowing a prisoner to escape through neglect. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(3) Allowing a prisoner to escape through design. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(4) Drinking with prisoner. Confinement for 1 year and forfeiture of two-thirds pay per month for 1 year.

(e) Sample specifications.

(1) Releasing a prisoner without authority. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, without authority, release __________, a prisoner.

(2) Allowing a prisoner to escape through neglect or design. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, through (neglect) (design), allow __________, a prisoner, to escape.

(3) Drinking with prisoner. In that _____ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, unlawfully drink alcohol with __________, a prisoner.

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 2 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, without authority, release __________, a prisoner.

Elements

(1) That (state the name of the prisoner alleged to have been released) was a prisoner; and

(2) That (state the time and place alleged), the accused released (state the name of the prisoner alleged to have been released) without authority.

Definitions & other instructions

A “prisoner” is a person who is in confinement or custody imposed pursuant to lawful apprehension, pre-trial restraint, or pre-trial confinement, or by the sentence of a court-martial, and who has not been set free by a person with authority to release the prisoner.

“Release” refers to the removal of restraint by the custodian, rather than by the prisoner, under circumstances which demonstrate to the prisoner that (he) (she) is no longer in legal (confinement) (custody).

Source: Instruction 3a-24-1 · view original on jagcnet.army.mil

Maximum punishment

BCD, TF, 2 years, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, through neglect, allow __________, a prisoner, to escape.

Elements

(1) That (state the name of the prisoner alleged to have escaped) was a prisoner;

(2) That (state the name of the prisoner alleged) escaped;

(3) That (state the time and place alleged), the accused allowed (state the name of the prisoner alleged to have escaped) to escape by not taking such care to prevent the escape as a reasonably careful person, acting in the capacity in which the accused was acting, would have taken in the same or similar circumstances; and

(4) That the escape was the proximate result of the accused’s neglect.

Definitions & other instructions

A “prisoner” is a person who is in confinement or custody imposed pursuant to lawful apprehension, pre-trial restraint, or pre-trial confinement, or by the sentence of a court-martial, who has not been set free by a person with authority to release the prisoner.

“Escape” means any completed casting off of the restraint of confinement, before release by proper authority. Lack of effectiveness of the restraint imposed is immaterial. An escape is not complete until the prisoner is momentarily free from the restraint. (If the movement toward escape is opposed, or before it is completed, an immediate pursuit follows, there is no escape until opposition is overcome or pursuit is eluded.)

“Allow” means to permit; not to forbid or hinder.

“Proximate result” means a direct result of the accused’s neglect, and not the result of an unforeseeable cause not involving the accused.

NOTE 2. For an instruction on “proximate result” and causation, see Instruction 5-5.

(After an escape, the fact that a prisoner returns, is captured, killed, or otherwise dies, is not a defense.)

Source: Instruction 3a-24-2 · view original on jagcnet.army.mil

Maximum punishment

DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, through design, allow __________, a prisoner, to escape.

Elements

(1) That (state the name of the prisoner alleged to have escaped) was a prisoner;

(2) That the design of the accused was to allow the escape of (state the name of the prisoner alleged); and

(3) That (state the time and place alleged), (state the name of the prisoner alleged) escaped as a result of the carrying out of the design of the accused.

Definitions & other instructions

A “prisoner” is a person who is in confinement or custody imposed pursuant to lawful apprehension, pre-trial restraint, or pre-trial confinement, or by the sentence of a court-martial, who has not been set free by a person with authority to release the prisoner.

“Allow” means to permit; not to forbid or hinder.

“Through design” means that the accused intended for the prisoner to escape. Such intent may be inferred from conduct so wantonly devoid of care that the only reasonable inference which may be drawn is that the escape was contemplated as a probable result.

Source: Instruction 3a-24-3 · view original on jagcnet.army.mil

Maximum punishment

2/3 x 1 year, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, unlawfully drink alcohol with __________, a prisoner.

Elements

(1) That (state the name of the prisoner) was a prisoner; and

(2) That (state the time and place alleged) the accused unlawfully drank (an) alcoholic beverage(s) with (state the name of the prisoner).

Definitions & other instructions

A “prisoner” is a person who is in confinement or custody imposed pursuant to lawful apprehension, pre-trial restraint, or pre-trial confinement, or by the sentence of a court-martial, who has not been set free by a person with authority to release the prisoner.

“Unlawfully drank” means that the accused drank alcohol with the prisoner without being granted specific authority to do so by a competent authority.

Source: Instruction 3a-24-4 · view original on jagcnet.army.mil