Summary of changes
Article 96 — Release of prisoner without authority; drinking with prisoner
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
42 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
24.a.
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Original text
Text of statute.
Current text
Text of statute.
24.a.(a)
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Original text
RELEASE OF PRISONER WITHOUT AUTHORITY.—
Any person subject to this chapter—
shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.
Current text
RELEASE OF PRISONER WITHOUT AUTHORITY.—
Any person subject to this chapter—
shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.
24.a.(a)(1)
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Original text
who, without authority to do so, releases a prisoner; or
Current text
who, without authority to do so, releases a prisoner; or
24.a.(a)(2)
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Original text
who, through neglect or design, allows a prisoner to escape;
Current text
who, through neglect or design, allows a prisoner to escape;
24.a.(b)
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DRINKING WITH PRISONER.—
Any person subject to this chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.
Current text
DRINKING WITH PRISONER.—
Any person subject to this chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.
24.b.
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Elements.
Current text
Elements.
24.b.(1)
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Releasing a prisoner without authority.
Current text
Releasing a prisoner without authority.
24.b.(1)(a)
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That a certain person was a prisoner; and
Current text
That a certain person was a prisoner; and
24.b.(1)(b)
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That the accused released the prisoner without authority.
Current text
That the accused released the prisoner without authority.
24.b.(2)
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Allowing a prisoner to escape through neglect.
Current text
Allowing a prisoner to escape through neglect.
24.b.(2)(a)
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That a certain person was a prisoner;
Current text
That a certain person was a prisoner;
24.b.(2)(b)
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That the prisoner escaped;
Current text
That the prisoner escaped;
24.b.(2)(c)
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That the accused did not take such care to prevent the escape as a reasonably careful person, acting in the capacity in which the accused was acting, would have taken in the same or similar circumstances; and
Current text
That the accused did not take such care to prevent the escape as a reasonably careful person, acting in the capacity in which the accused was acting, would have taken in the same or similar circumstances; and
24.b.(2)(d)
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That the escape was the proximate result of the neglect.
Current text
That the escape was the proximate result of the neglect.
24.b.(3)
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Allowing a prisoner to escape through design.
Current text
Allowing a prisoner to escape through design.
24.b.(3)(a)
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That a certain person was a prisoner;
Current text
That a certain person was a prisoner;
24.b.(3)(b)
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That the design of the accused was to allow the escape of that prisoner; and
Current text
That the design of the accused was to allow the escape of that prisoner; and
24.b.(3)(c)
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That the prisoner escaped as a result of the carrying out of the design of the accused.
Current text
That the prisoner escaped as a result of the carrying out of the design of the accused.
24.b.(4)
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Drinking with prisoner.
Current text
Drinking with prisoner.
24.b.(4)(a)
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That a certain person was a prisoner; and
Current text
That a certain person was a prisoner; and
24.b.(4)(b)
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That the accused unlawfully drank any alcoholic beverage with that prisoner.
Current text
That the accused unlawfully drank any alcoholic beverage with that prisoner.
24.c.
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Explanation.
Current text
Explanation.
24.c.(1)
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Prisoner.
A prisoner is a person who is in confinement or custody imposed under R.C.M. 302, 304, or 305, or under sentence of a court-martial who has not been set free by a person with authority to release the prisoner.
Current text
Prisoner.
A prisoner is a person who is in confinement or custody imposed under R.C.M. 302, 304, or 305, or under sentence of a court-martial who has not been set free by a person with authority to release the prisoner.
24.c.(2)
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Releasing a prisoner without authority.
Current text
Releasing a prisoner without authority.
24.c.(2)(a)
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Release.
The release of a prisoner is removal of restraint by the custodian rather than by the prisoner.
Current text
Release.
The release of a prisoner is removal of restraint by the custodian rather than by the prisoner.
24.c.(2)(b)
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Authority to release.
See R.C.M. 305(g) as to who may release pretrial prisoners. Normally, the lowest authority competent to order release of a post-trial prisoner is the commander who convened the court-martial that sentenced the prisoner or the officer exercising general court-martial jurisdiction over the prisoner. See also R.C.M. 1103.
Current text
Authority to release.
See R.C.M. 305(g) as to who may release pretrial prisoners. Normally, the lowest authority competent to order release of a post-trial prisoner is the commander who convened the court-martial that sentenced the prisoner or the officer exercising general court-martial jurisdiction over the prisoner. See also R.C.M. 1103.
24.c.(3)
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Allowing a prisoner to escape through neglect.
Current text
Allowing a prisoner to escape through neglect.
24.c.(3)(a)
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Allow.
“Allow” means to permit; not to forbid or hinder.
Current text
Allow.
“Allow” means to permit; not to forbid or hinder.
24.c.(3)(b)
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Neglect.
“Neglect” is a relative term. It is the absence of conduct that would have been taken by a reasonably careful custodian in the same or similar circumstances.
Current text
Neglect.
“Neglect” is a relative term. It is the absence of conduct that would have been taken by a reasonably careful custodian in the same or similar circumstances.
24.c.(3)(c)
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Escape.
“Escape” is defined in subparagraph 12.c.(5)(c).
Current text
Escape.
“Escape” is defined in subparagraph 12.c.(5)(c).
24.c.(3)(d)
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Status of prisoner after escape not a defense.
After escape, the fact that a prisoner returns, is captured, killed, or otherwise dies is not a defense.
Current text
Status of prisoner after escape not a defense.
After escape, the fact that a prisoner returns, is captured, killed, or otherwise dies is not a defense.
24.c.(4)
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Allowing a prisoner to escape through design.
An escape is allowed through design when it is intended by the custodian. Such intent may be inferred from conduct so wantonly devoid of care that the only reasonable inference which may be drawn is that the escape was contemplated as a probable result.
Current text
Allowing a prisoner to escape through design.
An escape is allowed through design when it is intended by the custodian. Such intent may be inferred from conduct so wantonly devoid of care that the only reasonable inference which may be drawn is that the escape was contemplated as a probable result.
24.c.(5)
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Drinking with prisoner.
For purposes of this section, “unlawful” is synonymous with “wrongful.” That is, it is unlawful to drink an alcoholic beverage with a prisoner unless the accused had a legal justification or excuse to do so. In this context, any consumption of alcohol with a prisoner would be unlawful unless the accused had been granted specific authority to do so by competent authority (e.g., a commander of a confinement facility authorizing limited alcohol consumption by prisoners on a holiday or special occasion).
Current text
Drinking with prisoner.
For purposes of this section, “unlawful” is synonymous with “wrongful.” That is, it is unlawful to drink an alcoholic beverage with a prisoner unless the accused had a legal justification or excuse to do so. In this context, any consumption of alcohol with a prisoner would be unlawful unless the accused had been granted specific authority to do so by competent authority (e.g., a commander of a confinement facility authorizing limited alcohol consumption by prisoners on a holiday or special occasion).
24.d.
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Maximum punishment.
Current text
Maximum punishment.
24.d.(1)
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Releasing a prisoner without authority.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
Current text
Releasing a prisoner without authority.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
24.d.(2)
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Allowing a prisoner to escape through neglect.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 2 years.
Current text
Allowing a prisoner to escape through neglect.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 2 years.
24.d.(3)
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Allowing a prisoner to escape through design.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
Allowing a prisoner to escape through design.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
24.d.(4)
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Drinking with prisoner.
Confinement for 1 year and forfeiture of two-thirds pay per month for 1 year.
Current text
Drinking with prisoner.
Confinement for 1 year and forfeiture of two-thirds pay per month for 1 year.
24.e.
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Sample specifications.
Current text
Sample specifications.
24.e.(1)
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Releasing a prisoner without authority.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, without authority, release __________, a prisoner.
Current text
Releasing a prisoner without authority.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, without authority, release __________, a prisoner.
24.e.(2)
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Allowing a prisoner to escape through neglect or design.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, through (neglect) (design), allow __________, a prisoner, to escape.
Current text
Allowing a prisoner to escape through neglect or design.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, through (neglect) (design), allow __________, a prisoner, to escape.
24.e.(3)
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Drinking with prisoner.
In that _____ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, unlawfully drink alcohol with __________, a prisoner.
Current text
Drinking with prisoner.
In that _____ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, unlawfully drink alcohol with __________, a prisoner.
“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.