Subchapter X · Punitive Articles
Article 103a. Espionage
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 103a in the Punitive Articles →
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Provisions elsewhere in the Manual whose text cites Article 103a. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 918(a)(2)(D) — Finding
…An attempt should be found as a violation of Article 80 unless the attempt is punishable under Articles 85, 94, 100, 103a, 103b, 119a, or 128, in which case it should be found as a violation of that Article. A court-martial may not find an offense as…
R.C.M. 1004(c)(4) — Capital cases
…was unlawfully and substantially endangered, except that this factor shall not apply to a violation of Articles 103a or 103b;
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 80, ¶ 4.c.(6)(d) — Attempts
Article 103a—Espionage
Article 103, ¶ 31.c.(6)(c) — Spies
…under false pretenses, merely reports what is seen or heard through agents to the enemy may be charged under Article 103a with giving intelligence to or communicating with the enemy, but may not be charged under this article as…