Summary of changes
Article 87b — Offenses against correctional custody and restriction
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
39 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
13.a.
unchanged
Original text
Text of statute.
Current text
Text of statute.
13.a.(a)
unchanged
Original text
ESCAPE FROM CORRECTIONAL CUSTODY.—
Any person subject to this chapter—
shall be punished as a court-martial may direct.
Current text
ESCAPE FROM CORRECTIONAL CUSTODY.—
Any person subject to this chapter—
shall be punished as a court-martial may direct.
13.a.(a)(1)
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Original text
who is placed in correctional custody by a person authorized to do so;
Current text
who is placed in correctional custody by a person authorized to do so;
13.a.(a)(2)
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Original text
who, while in correctional custody, is under physical restraint; and
Current text
who, while in correctional custody, is under physical restraint; and
13.a.(a)(3)
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Original text
who escapes from the physical restraint before being released from the physical restraint by proper authority;
Current text
who escapes from the physical restraint before being released from the physical restraint by proper authority;
13.a.(b)
unchanged
Original text
BREACH OF CORRECTIONAL CUSTODY.—
Any person subject to this chapter—
shall be punished as a court-martial may direct.
Current text
BREACH OF CORRECTIONAL CUSTODY.—
Any person subject to this chapter—
shall be punished as a court-martial may direct.
13.a.(b)(1)
unchanged
Original text
who is placed in correctional custody by a person authorized to do so;
Current text
who is placed in correctional custody by a person authorized to do so;
13.a.(b)(2)
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Original text
who, while in correctional custody, is under restraint other than physical restraint; and
Current text
who, while in correctional custody, is under restraint other than physical restraint; and
13.a.(b)(3)
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Original text
who goes beyond the limits of the restraint before being released from the correctional custody or relieved of the restraint by proper authority;
Current text
who goes beyond the limits of the restraint before being released from the correctional custody or relieved of the restraint by proper authority;
13.a.(c)
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Original text
BREACH OF RESTRICTION.—
Any person subject to this chapter—
shall be punished as a court-martial may direct.
Current text
BREACH OF RESTRICTION.—
Any person subject to this chapter—
shall be punished as a court-martial may direct.
13.a.(c)(1)
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Original text
who is ordered to be restricted to certain limits by a person authorized to do so; and
Current text
who is ordered to be restricted to certain limits by a person authorized to do so; and
13.a.(c)(2)
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Original text
who, with knowledge of the limits of the restriction, goes beyond those limits before being released by proper authority;
Current text
who, with knowledge of the limits of the restriction, goes beyond those limits before being released by proper authority;
13.b.
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Original text
Elements.
Current text
Elements.
13.b.(1)
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Original text
Escape from correctional custody.
Current text
Escape from correctional custody.
13.b.(1)(a)
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Original text
That the accused was placed in correctional custody by a person authorized to do so;
Current text
That the accused was placed in correctional custody by a person authorized to do so;
13.b.(1)(b)
unchanged
Original text
That, while in such correctional custody, the accused was under physical restraint; and
Current text
That, while in such correctional custody, the accused was under physical restraint; and
13.b.(1)(c)
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Original text
That the accused freed himself or herself from the physical restraint of this correctional custody before being released therefrom by proper authority.
Current text
That the accused freed himself or herself from the physical restraint of this correctional custody before being released therefrom by proper authority.
13.b.(2)
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Original text
Breach of correctional custody.
Current text
Breach of correctional custody.
13.b.(2)(a)
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Original text
That the accused was placed in correctional custody by a person authorized to do so;
Current text
That the accused was placed in correctional custody by a person authorized to do so;
13.b.(2)(b)
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Original text
That, while in correctional custody, a certain restraint was imposed upon the accused; and
Current text
That, while in correctional custody, a certain restraint was imposed upon the accused; and
13.b.(2)(c)
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Original text
That the accused went beyond the limits of the restraint imposed before having been released from the correctional custody or relieved of the restraint by proper authority.
Current text
That the accused went beyond the limits of the restraint imposed before having been released from the correctional custody or relieved of the restraint by proper authority.
13.b.(3)
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Original text
Breach of restriction.
Current text
Breach of restriction.
13.b.(3)(a)
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Original text
That a certain person ordered the accused to be restricted to certain limits;
Current text
That a certain person ordered the accused to be restricted to certain limits;
13.b.(3)(b)
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Original text
That said person was authorized to order said restriction;
Current text
That said person was authorized to order said restriction;
13.b.(3)(c)
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Original text
That the accused knew of the restriction and the limits thereof; and
Current text
That the accused knew of the restriction and the limits thereof; and
13.b.(3)(d)
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Original text
That the accused went beyond the limits of the restriction before being released therefrom by proper authority.
Current text
That the accused went beyond the limits of the restriction before being released therefrom by proper authority.
13.c.
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Original text
Explanation.
Current text
Explanation.
13.c.(1)
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Original text
Escape from correctional custody.
Escape from correctional custody is the act of a person undergoing the punishment of correctional custody pursuant to Article 15, who, before being set at liberty by proper authority, casts off any physical restraint imposed by the custodian or by the place or conditions of custody.
Current text
Escape from correctional custody.
Escape from correctional custody is the act of a person undergoing the punishment of correctional custody pursuant to Article 15, who, before being set at liberty by proper authority, casts off any physical restraint imposed by the custodian or by the place or conditions of custody.
13.c.(2)
unchanged
Original text
Breach of correctional custody.
Breach of restraint during correctional custody is the act of a person undergoing the punishment who, in the absence of physical restraint imposed by a custodian or by the place or conditions of custody, breaches any form of restraint imposed during this period.
Current text
Breach of correctional custody.
Breach of restraint during correctional custody is the act of a person undergoing the punishment who, in the absence of physical restraint imposed by a custodian or by the place or conditions of custody, breaches any form of restraint imposed during this period.
13.c.(3)
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Original text
Authority to impose correctional custody.
See Part V concerning who may impose correctional custody. Whether the status of a person authorized that person to impose correctional custody is a question of law to be decided by the military judge. Whether the person who imposed correctional custody had such a status is a question of fact to be decided by the factfinder.
Current text
Authority to impose correctional custody.
See Part V concerning who may impose correctional custody. Whether the status of a person authorized that person to impose correctional custody is a question of law to be decided by the military judge. Whether the person who imposed correctional custody had such a status is a question of fact to be decided by the factfinder.
13.c.(4)
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Original text
Breach of restriction.
Restriction is the moral restraint of a person imposed by an order directing a person to remain within certain specified limits. “Restriction” includes restriction under R.C.M. 304(a)(2), restriction resulting from imposition of either nonjudicial punishment (see Part V) or the sentence of a court-martial (see R.C.M. 1003(b)(5)), and administrative restriction in the interest of training, operations, security, or safety.
Current text
Breach of restriction.
Restriction is the moral restraint of a person imposed by an order directing a person to remain within certain specified limits. “Restriction” includes restriction under R.C.M. 304(a)(2), restriction resulting from imposition of either nonjudicial punishment (see Part V) or the sentence of a court-martial (see R.C.M. 1003(b)(5)), and administrative restriction in the interest of training, operations, security, or safety.
13.d.
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Original text
Maximum punishment.
Current text
Maximum punishment.
13.d.(1)
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Original text
Escape from correctional custody.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Current text
Escape from correctional custody.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
13.d.(2)
unchanged
Original text
Breach of correctional custody.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Current text
Breach of correctional custody.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
13.d.(3)
unchanged
Original text
Breach of restriction.
Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
Current text
Breach of restriction.
Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
13.e.
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Original text
Sample specifications.
Current text
Sample specifications.
13.e.(1)
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Original text
Escape from correctional custody.
In that _____ (personal jurisdiction data), while undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about _____ 20 __, escape from correctional custody.
Current text
Escape from correctional custody.
In that _____ (personal jurisdiction data), while undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about _____ 20 __, escape from correctional custody.
13.e.(2)
unchanged
Original text
Breach of correctional custody.
In that __________ (personal jurisdiction data), while duly undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about _____ 20 __, breach the restraint imposed thereunder by __________.
Current text
Breach of correctional custody.
In that __________ (personal jurisdiction data), while duly undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about _____ 20 __, breach the restraint imposed thereunder by __________.
13.e.(3)
unchanged
Original text
Breach of restriction.
In that __________ (personal jurisdiction data), having been restricted to the limits of __________, by a person authorized to do so, did, (at/on board— location), on or about _____ 20 __, break said restriction.
Current text
Breach of restriction.
In that __________ (personal jurisdiction data), having been restricted to the limits of __________, by a person authorized to do so, did, (at/on board— location), on or about _____ 20 __, break said restriction.
“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.