Summary of changes
Article 97 — Unlawful detention
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
10 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
25.a.
unchanged
Original text
Text of statute.
Any person subject to this chapter who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
Current text
Text of statute.
Any person subject to this chapter who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
25.b.
unchanged
Original text
Elements.
Current text
Elements.
25.b.(1)
unchanged
Original text
That the accused apprehended, arrested, or confined a certain person; and
Current text
That the accused apprehended, arrested, or confined a certain person; and
25.b.(2)
unchanged
Original text
That the accused unlawfully exercised the accused’s authority to do so.
Current text
That the accused unlawfully exercised the accused’s authority to do so.
25.c.
unchanged
Original text
Explanation.
Current text
Explanation.
25.c.(1)
unchanged
Original text
Scope.
This article prohibits improper acts by those empowered by the UCMJ to arrest, apprehend, or confine. See Articles 7 and 9; R.C.M. 302, 304, 305, and 1103, and paragraph 2 and subparagraph 5.b., Part V. It does not apply to private acts of false imprisonment or unlawful restraint of another’s freedom of movement by one not acting under such a delegation of authority under the UCMJ.
Current text
Scope.
This article prohibits improper acts by those empowered by the UCMJ to arrest, apprehend, or confine. See Articles 7 and 9; R.C.M. 302, 304, 305, and 1103, and paragraph 2 and subparagraph 5.b., Part V. It does not apply to private acts of false imprisonment or unlawful restraint of another’s freedom of movement by one not acting under such a delegation of authority under the UCMJ.
25.c.(2)
unchanged
Original text
No force required.
The apprehension, arrest, or confinement must be against the will of the person restrained, but force is not required.
Current text
No force required.
The apprehension, arrest, or confinement must be against the will of the person restrained, but force is not required.
25.c.(3)
unchanged
Original text
Defense.
A reasonable belief held by the person imposing restraint that it is lawful is a defense.
Current text
Defense.
A reasonable belief held by the person imposing restraint that it is lawful is a defense.
25.d.
unchanged
Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
25.e.
unchanged
Original text
Sample specification.
In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), did, (at/on board—location), on or about _____ 20 __, unlawfully (apprehend __________) (place __________ in arrest) (confine __________ in __________).
Current text
Sample specification.
In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), did, (at/on board—location), on or about _____ 20 __, unlawfully (apprehend __________) (place __________ in arrest) (confine __________ in __________).
“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.