Summary of changes
Article 78 — Accessory after the fact
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
16 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
2.a.
unchanged
Original text
Text of statute.
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
Current text
Text of statute.
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
2.b.
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Original text
Elements.
Current text
Elements.
2.b.(1)
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Original text
That an offense punishable by the UCMJ was committed by a certain person;
Current text
That an offense punishable by the UCMJ was committed by a certain person;
2.b.(2)
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Original text
That the accused knew that this person had committed such offense;
Current text
That the accused knew that this person had committed such offense;
2.b.(3)
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Original text
That thereafter the accused received, comforted, or assisted the offender; and
Current text
That thereafter the accused received, comforted, or assisted the offender; and
2.b.(4)
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Original text
That the accused did so for the purpose of hindering or preventing the apprehension, trial, or punishment of the offender.
Current text
That the accused did so for the purpose of hindering or preventing the apprehension, trial, or punishment of the offender.
2.c.
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Original text
Explanation.
Current text
Explanation.
2.c.(1)
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Original text
In general.
The assistance given a principal by an accessory after the fact is not limited to assistance designed to effect the escape or concealment of the principal, but also includes acts performed to conceal the commission of the offense by the principal (for example, by concealing evidence of the offense).
Current text
In general.
The assistance given a principal by an accessory after the fact is not limited to assistance designed to effect the escape or concealment of the principal, but also includes acts performed to conceal the commission of the offense by the principal (for example, by concealing evidence of the offense).
2.c.(2)
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Original text
Failure to report offense.
The mere failure to report a known offense will not make one an accessory after the fact. Such failure may violate a general order or regulation, however, and thus constitute an offense under Article 92. See paragraph 18. If the offense involved is a serious offense, and the accused does anything to conceal it, failure to report it may constitute the offense of misprision of a serious offense, under Article 131c. See paragraph 84.
Current text
Failure to report offense.
The mere failure to report a known offense will not make one an accessory after the fact. Such failure may violate a general order or regulation, however, and thus constitute an offense under Article 92. See paragraph 18. If the offense involved is a serious offense, and the accused does anything to conceal it, failure to report it may constitute the offense of misprision of a serious offense, under Article 131c. See paragraph 84.
2.c.(3)
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Original text
Offense punishable by the UCMJ.
The term “offense punishable by this chapter” in the text of the article means any offense described in the UCMJ.
Current text
Offense punishable by the UCMJ.
The term “offense punishable by this chapter” in the text of the article means any offense described in the UCMJ.
2.c.(4)
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Original text
Status of principal.
The principal who committed the offense in question need not be subject to the UCMJ, but the offense committed must be punishable by the UCMJ.
Current text
Status of principal.
The principal who committed the offense in question need not be subject to the UCMJ, but the offense committed must be punishable by the UCMJ.
2.c.(5)
unchanged
Original text
Conviction or acquittal of principal.
The prosecution must prove that a principal committed the offense to which the accused is allegedly an accessory after the fact. However, evidence of the conviction or acquittal of the principal in a separate trial is not admissible to show that the principal did or did not commit the offense. Furthermore, an accused may be convicted as an accessory after the fact despite the acquittal in a separate trial of the principal whom the accused allegedly comforted, received, or assisted.
Current text
Conviction or acquittal of principal.
The prosecution must prove that a principal committed the offense to which the accused is allegedly an accessory after the fact. However, evidence of the conviction or acquittal of the principal in a separate trial is not admissible to show that the principal did or did not commit the offense. Furthermore, an accused may be convicted as an accessory after the fact despite the acquittal in a separate trial of the principal whom the accused allegedly comforted, received, or assisted.
2.c.(6)
unchanged
Original text
Accessory after the fact not a lesser included offense.
The offense of being an accessory after the fact is not a lesser included offense of the primary offense.
Current text
Accessory after the fact not a lesser included offense.
The offense of being an accessory after the fact is not a lesser included offense of the primary offense.
2.c.(7)
unchanged
Original text
Actual knowledge.
Actual knowledge is required but may be proved by circumstantial evidence.
Current text
Actual knowledge.
Actual knowledge is required but may be proved by circumstantial evidence.
2.d.
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Original text
Maximum punishment.
Any person subject to the UCMJ who is found guilty as an accessory after the fact to an offense punishable under the UCMJ shall be subject to the maximum punishment authorized for the principal offense, except that in no case shall the death penalty nor more than one-half of the maximum confinement authorized for that offense be adjudged, nor shall the period of confinement exceed 10 years in any case, including offenses for which life imprisonment may be adjudged.
Current text
Maximum punishment.
Any person subject to the UCMJ who is found guilty as an accessory after the fact to an offense punishable under the UCMJ shall be subject to the maximum punishment authorized for the principal offense, except that in no case shall the death penalty nor more than one-half of the maximum confinement authorized for that offense be adjudged, nor shall the period of confinement exceed 10 years in any case, including offenses for which life imprisonment may be adjudged.
2.e.
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Original text
Sample specification.
In that __________ (personal jurisdiction data), knowing that (at/on board—location), on or about _____ 20 __, had committed an offense punishable by the Uniform Code of Military Justice, to wit: __________, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, in order to (hinder) (prevent) the (apprehension) (trial) (punishment) of the said __________, (receive) (comfort) (assist) the said __________ by __________.
Current text
Sample specification.
In that __________ (personal jurisdiction data), knowing that (at/on board—location), on or about _____ 20 __, had committed an offense punishable by the Uniform Code of Military Justice, to wit: __________, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, in order to (hinder) (prevent) the (apprehension) (trial) (punishment) of the said __________, (receive) (comfort) (assist) the said __________ by __________.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.