Part IV · Punitive Articles

Article 102. Forcing a safeguard · MCM ¶ 30

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter who forces a safeguard shall suffer death or such other punishment as a court-martial may direct.
(b) Elements.
(1) That a safeguard had been issued or posted for the protection of a certain person or persons, place, or property;
(2) That the accused knew or should have known of the safeguard; and
(3) That the accused forced the safeguard.
(c) Explanation .
(1) Safeguard. A safeguard is a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy, or of a neutral affected by the relationship of belligerent forces in their prosecution of war or during circumstances amounting to a state of belligerency. The term also includes a written order left by a commander with an enemy subject or posted upon enemy property for the protection of that person or property. A safeguard is not a device adopted by a belligerent to protect its own property or nationals or to ensure order within its own forces, even if those forces are in a theater of combat operations, and the posting of guards or of off-limits signs does not establish a safeguard unless a commander takes those actions to protect enemy or neutral persons or property. The effect of a safeguard is to pledge the honor of the nation that the person or property shall be respected by the national armed forces.
(2) Forcing a safeguard. “Forcing a safeguard” means to perform an act or acts in violation of the protection of the safeguard.
(3) Nature of offense. 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) Maximum 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) (__________)) (__________).
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.
3a-30-1FORCING A SAFEGUARD
NOTE 1. 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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, 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) (__________)) (__________).

Elements

(1) That a safeguard had been issued or posted for the protection of (state the persons, place, and/or property allegedly protected);

(2) That the accused knew or should have known of the safeguard; and

(3) That (state the time and place alleged), the accused forced the safeguard by (state the manner alleged).

Definitions & other instructions

“A safeguard” is a (detachment, guard, or detail posted by a commander) (written order left by a commander with an enemy subject or posted upon enemy property) for the protection of persons, places, or property of an enemy or neutral.

“Force the safeguard” means to perform (an) act(s) which violate(s) the protection of the safeguard. Any trespass on the protection of the safeguard will constitute an offense under this article, whether the offense was imposed in time of war or in circumstances amounting to a state of belligerency short of a formal state of war.

Actual knowledge of the safeguard by the accused is not required. It is sufficient if an accused should have known of the existence of the safeguard.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), may be applicable. However, proof of actual knowledge is not required; it is sufficient if the accused should have known of the existence of the safeguard.
Source: Instruction 3a-30-1 · view original on jagcnet.army.mil