Subchapter X · Punitive Articles
Article 103. Spies
2024 Manual for Courts-Martial, United States
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This is a punitive article. Its elements, explanation, maximum punishment,
and sample specifications are in the Manual's Part IV.
Read Article 103 in the Punitive Articles →
Cross-referencesCited by 8Elsewhere 2
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Provisions elsewhere in the Manual whose text cites Article 103. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 201(f)(1)(A)(i) — Jurisdiction in general
…offense made punishable under the UCMJ. General courts-martial also may try any person for a violation of Article 103, 103b, or 104a.
Discussion under R.C.M. 201(g) — Jurisdiction in general
See Articles 103 and 103b for some instances of concurrent jurisdiction.
Discussion under R.C.M. 202(a) — Persons subject to the jurisdiction of courts-martial
…3, 4, and 73. A person need not be subject to the UCMJ to be subject to trial by court-martial under Articles 103, 103b, and 104a. See also Article 48 and R.C.M. 809 concerning who may be subject to the contempt powers of a court-martial.…
Discussion under R.C.M. 202(c)(1) — Persons subject to the jurisdiction of courts-martial
…Government fails to act within a reasonable time on objection by the service member to continued retention. Articles 103, 103b, and 104a set forth offenses with expanded jurisdictional reach. Court-martial jurisdiction attaches over a person…
Discussion under R.C.M. 307(c)(2) — Preferral of charges
…charges before arraignment. See R.C.M. 601(e)(2). (C) Preemption . An offense specifically defined by Articles 81 through 132 may not be alleged as a violation of Article 134 . See paragraph 91.c.(5)(a) of Part IV. But see R.C.M.…
R.C.M. 1004(c)(11) — Capital cases
That, only in the case of a violation of Article 103, 103a, or 103b—
UCMJ Punitive Articles
Article 134, ¶ 91.c.(5)(a) — General article
Preemption doctrine. The preemption doctrine prohibits application of Article 134 to conduct covered by Articles 80 through 132. For example, larceny is covered in Article 121, and if an element of that offense is lacking—for example,…
Uniform Code of Military Justice
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).