Part IV · Punitive Articles
Article 103b. Aiding the enemy · MCM ¶ 33
2024 Manual for Courts-Martial, United States · Last updated
See all changes(a) Text of statute. Any person who—
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to, provides military education, military training, or tactical advice to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; revised · Public Law No. 118–159 (NDAA 2025)
shall suffer death or such other punishment as a court-martial or military commission may direct. This section does not apply to a military commission established under chapter 47A of this title.
(b) Elements.
(1) Aiding the enemy.
(a) That the accused aided the enemy; and
(b) That the accused did so with certain arms, ammunition, supplies, money, or other things.
(2) Attempting to aid the enemy.
(a) That the accused did a certain overt act;
(b) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money, or other things;
(c) That the act amounted to more than mere preparation; and
(d) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money, or other things.
(3) Harboring or protecting the enemy.
(a) That the accused, without proper authority, harbored or protected a person;
(b) That the person so harbored or protected was the enemy; and
(c) That the accused knew that the person so harbored or protected was an enemy.
(4) Giving intelligence to the enemy.
(a) That the accused, without proper authority, knowingly gave intelligence information to the enemy; and
(b) That the intelligence information was true, or implied the truth, at least in part.
(5) Communicating with the enemy.
(a) That the accused, without proper authority, communicated, corresponded, or held intercourse with the enemy; and
(b) That the accused knew that the accused was communicating, corresponding, or holding intercourse with the enemy.
(c) Explanation .
(1) Scope of Article 103b. This article denounces offenses by all persons whether or not otherwise subject to military law. Offenders may be tried by court-martial or by military commission.
(2) Enemy. For a discussion of “enemy,” see subparagraph 27.c.(1)(b).
(3) Aiding or attempting to aid the enemy. It is not a violation of this article to furnish prisoners of war subsistence, quarters, and other comforts or aid to which they are lawfully entitled.
(4) Harboring or protecting the enemy.
(a) Nature of offense. An enemy is harbored or protected when, without proper authority, that enemy is shielded, either physically or by use of any artifice, aid, or representation from any injury or misfortune which in the chance of war may occur.
(b) Knowledge. Actual knowledge is required, but may be proved by circumstantial evidence.
(5) Giving intelligence to the enemy.
(a) Nature of offense. Giving intelligence to the enemy is a particular case of corresponding with the enemy made more serious by the fact that the communication contains intelligence that may be useful to the enemy for any of the many reasons that make information valuable to belligerents. This intelligence may be conveyed by direct or indirect means.
(b) Intelligence. Intelligence imports that the information conveyed is true or implies the truth, at least in part.
(c) Knowledge. Actual knowledge is required but may be proved by circumstantial evidence.
(6) Communicating with the enemy.
(a) Nature of the offense. 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 territory can claim no immunity from the customary laws of war relating to communication with the enemy. 12A.
(d) Maximum punishment. Death or such other punishment as a court-martial or military commission may direct.
(e) Sample specification s.
(1) Aiding or attempting to aid the enemy. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, (attempt to) aid the enemy with (arms) (ammunition) (supplies) (money) (_____), by (furnishing and delivering to _____, members of the enemy’s armed forces _____) (____).
(2) Harboring or protecting 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 (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) (____).
(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 with) (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 armed forces) (_____) 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) (_____).
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 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 __________, aid the enemy with (arms) (ammunition) (supplies) (money) (_________), by (furnishing and delivering to __________, members of the enemy’s armed forces _________) (__________).
Elements
(1) That (state the time and place alleged), the accused aided the enemy, namely: (state the name or description of the enemy who purportedly received the aid);
(2) That the accused did so with certain (arms) (ammunition) (supplies) (money) (__________) by (state the manner in which the aid was allegedly supplied ).
Definitions & other instructions
To “aid the enemy” means to furnish the enemy with (arms) (ammunition) (supplies) (money) (__________), (whether or not the articles furnished were needed by the enemy) (and) (whether or not the transaction was a sale or a donation).
“Enemy” includes organized opposing forces in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
Source: Instruction 3a-33-1 · view original on jagcnet.army.mil
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 _________, attempt to aid the enemy with (arms) (ammunition) (supplies) (money) (__________), by (furnishing and delivering to _________, members of the enemy’s armed forces __________) (__________).
Elements
(1) That (state the time and place alleged), the accused did a certain act, namely: (state the manner in which the giving of aid was allegedly attempted);
(2) That (state the name or description of the enemy who purportedly was to receive the aid) was an enemy;
(3) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money or other things;
(4) That the act amounted to more than mere preparation; that is, it was a direct movement toward the offense of aiding the enemy; and
(5) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money or other things; that is, the act apparently would have resulted in the actual commission of the offense of aiding the enemy except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (__________) which prevented the completion of the offense).
Definitions & other instructions
Proof that the offense of aiding the enemy actually occurred or was completed is not required.
To “aid the enemy” means to furnish it with (arms) (ammunition) (supplies) (money) (__________), (whether or not the articles furnished were needed by the enemy) (and) (whether or not the transaction was a sale or a donation).
“Enemy” includes organized opposing forces in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. See Instruction 3-4-1, Attempts, for the standard instruction on the subject.
Source: Instruction 3a-33-2 · view original on jagcnet.army.mil
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. (Cirteria)
Sample specification
In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, without proper authority, knowingly (harbor) (protect) __________, an enemy, by (concealing the said __________ in his/her house) (__________).
Elements
(1) That (state the time and place alleged), the accused, without proper authority, harbored or protected (a) certain person(s), namely: (state the name or description of the enemy alleged to have been harbored or protected);
(2) That the accused did so by (state the manner alleged);
(3) That (state the name or description of the enemy alleged to have been harbored or protected) was an enemy; and
(4) That the accused knew that the person so protected was an enemy.
Definitions & other instructions
An enemy is “harbored” or “protected” when, without proper authority, that enemy is shielded, either physically or by the use of any trick, aid, or representation, from an injury or mishap which, in the chance of war, may occur.
“Enemy” includes organized opposing forces in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.
Source: Instruction 3a-33-3 · view original on jagcnet.army.mil
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 __________, 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) (__________).
Elements
(1) That (state the time and place alleged), the accused, without proper authority, knowingly gave intelligence information to (a) certain person(s), namely: (state the name or description of the enemy alleged to have received the intelligence information);
(2) That (state the name or description of the enemy alleged to have received the intelligence information) was an enemy; and
(3) That this intelligence information was true, or implied the truth, at least in part.
Definitions & other instructions
“Intelligence” means any helpful information, given to and received by the enemy, which is true or implies the truth, at least in part.
“Enemy” includes organized opposing forces in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.
Actual knowledge by the accused that he/she gave intelligence to the enemy is required. That knowledge may be proved by circumstantial evidence.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.
Source: Instruction 3a-33-4 · view original on jagcnet.army.mil
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 __________, without proper authority, knowingly (communicate with) (correspond with) (hold intercourse with) the enemy (by writing and transmitting secretly through lines to one__________ whom (he) (she), the said __________, knew to be (an officer of the enemy’s armed forces) (__________) 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) (__________).
Elements
(1) That (state the time and place alleged), the accused without proper authority, knowingly communicated, corresponded, or held intercourse with (a) certain person(s), namely: (state the name or description of the enemy alleged to have received the communication, correspondence, etc.);
(2) That the accused did so by (state the manner alleged);
(3) That (state the name or description of the enemy alleged to have received the communication, correspondence, etc.) was an enemy; and
(4) That the accused knew (he) (she) was communicating, corresponding, or holding intercourse with an enemy.
Definitions & other instructions
Communication, correspondence, or holding intercourse with the enemy does not necessarily mean a mutual exchange of communication. The law requires absolute non-intercourse, and any unauthorized communication, no matter what its meaning or intent, is prohibited. This prohibition applies to any method of intercourse or communication and may be direct or indirect. The offense is complete the moment the communication leaves the accused, whether or not it reaches its destination.
“Enemy” includes organized opposing forces in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.
Actual knowledge by the accused that he/she knowingly communicated, corresponded, or held intercourse with the enemy is required. That knowledge may be proved by circumstantial evidence.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.
Source: Instruction 3a-33-5 · view original on jagcnet.army.mil