Summary of changes
Article 98 — Misconduct as 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
27 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
26.a.
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Original text
Text of statute.
Any person subject to this chapter who, while in the hands of the enemy in time of war—
shall be punished as a court-martial may direct.
Current text
Text of statute.
Any person subject to this chapter who, while in the hands of the enemy in time of war—
shall be punished as a court-martial may direct.
26.a.(1)
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Original text
for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
Current text
for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
26.a.(2)
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Original text
while in a position of authority over such persons maltreats them without justifiable cause;
Current text
while in a position of authority over such persons maltreats them without justifiable cause;
26.b.
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Original text
Elements.
Current text
Elements.
26.b.(1)
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Original text
Acting without authority to the detriment of another for the purpose of securing favorable treatment.
Current text
Acting without authority to the detriment of another for the purpose of securing favorable treatment.
26.b.(1)(a)
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Original text
That without proper authority the accused acted in a manner contrary to law, custom, or regulation;
Current text
That without proper authority the accused acted in a manner contrary to law, custom, or regulation;
26.b.(1)(b)
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Original text
That the act was committed while the accused was in the hands of the enemy in time of war;
Current text
That the act was committed while the accused was in the hands of the enemy in time of war;
26.b.(1)(c)
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Original text
That the act was done for the purpose of securing favorable treatment of the accused by the captors; and
Current text
That the act was done for the purpose of securing favorable treatment of the accused by the captors; and
26.b.(1)(d)
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Original text
That other prisoners held by the enemy, either military or civilian, suffered some detriment because of the accused’s act.
Current text
That other prisoners held by the enemy, either military or civilian, suffered some detriment because of the accused’s act.
26.b.(2)
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Original text
Maltreating prisoners while in a position of authority.
Current text
Maltreating prisoners while in a position of authority.
26.b.(2)(a)
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Original text
That the accused maltreated a prisoner held by the enemy;
Current text
That the accused maltreated a prisoner held by the enemy;
26.b.(2)(b)
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Original text
That the act occurred while the accused was in the hands of the enemy in time of war;
Current text
That the act occurred while the accused was in the hands of the enemy in time of war;
26.b.(2)(c)
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Original text
That the accused held a position of authority over the person maltreated; and
Current text
That the accused held a position of authority over the person maltreated; and
26.b.(2)(d)
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Original text
That the act was without justifiable cause.
Current text
That the act was without justifiable cause.
26.c.
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Original text
Explanation.
Current text
Explanation.
26.c.(1)
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Original text
Enemy.
For a discussion of “enemy,” see subparagraph 27.c.(1)(b).
Current text
Enemy.
For a discussion of “enemy,” see subparagraph 27.c.(1)(b).
26.c.(2)
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Original text
In time of war.
See R.C.M. 103(21).
Current text
In time of war.
See R.C.M. 103(21).
26.c.(3)
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Original text
Acting without authority to the detriment of another for the purpose of securing favorable treatment.
Current text
Acting without authority to the detriment of another for the purpose of securing favorable treatment.
26.c.(3)(a)
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Original text
Nature of offense.
Unauthorized conduct by a prisoner of war must be intended to result in improvement by the enemy of the accused’s condition and must operate to the detriment of other prisoners either by way of closer confinement, reduced rations, physical punishment, or other harm. Examples of this conduct include reporting plans of escape being prepared by others or reporting secret food caches, equipment, or arms. The conduct of the prisoner must be contrary to law, custom, or regulation.
Current text
Nature of offense.
Unauthorized conduct by a prisoner of war must be intended to result in improvement by the enemy of the accused’s condition and must operate to the detriment of other prisoners either by way of closer confinement, reduced rations, physical punishment, or other harm. Examples of this conduct include reporting plans of escape being prepared by others or reporting secret food caches, equipment, or arms. The conduct of the prisoner must be contrary to law, custom, or regulation.
26.c.(3)(b)
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Original text
Escape.
Escape from the enemy is authorized by custom. An escape or escape attempt which results in closer confinement or other measures against fellow prisoners still in the hands of the enemy is not an offense under this article.
Current text
Escape.
Escape from the enemy is authorized by custom. An escape or escape attempt which results in closer confinement or other measures against fellow prisoners still in the hands of the enemy is not an offense under this article.
26.c.(4)
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Original text
Maltreating prisoners while in a position of authority.
Current text
Maltreating prisoners while in a position of authority.
26.c.(4)(a)
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Original text
Authority.
The source of authority is not material. It may arise from the military rank of the accused or—despite Service regulations or customs to the contrary—designation by the captor authorities, or voluntary election or selection by other prisoners for their self-government.
Current text
Authority.
The source of authority is not material. It may arise from the military rank of the accused or—despite Service regulations or customs to the contrary—designation by the captor authorities, or voluntary election or selection by other prisoners for their self-government.
26.c.(4)(b)
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Original text
Maltreatment.
The maltreatment must be real, although not necessarily physical, and it must be without justifiable cause. Abuse of an inferior by inflammatory and derogatory words may, through mental anguish, constitute this offense.
Current text
Maltreatment.
The maltreatment must be real, although not necessarily physical, and it must be without justifiable cause. Abuse of an inferior by inflammatory and derogatory words may, through mental anguish, constitute this offense.
26.d.
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Original text
Maximum punishment.
Any punishment other than death that a court-martial may direct.
Current text
Maximum punishment.
Any punishment other than death that a court-martial may direct.
26.e.
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Original text
Sample specifications.
Current text
Sample specifications.
26.e.(1)
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Original text
Acting without authority to the detriment of another for the purpose of securing favorable treatment.
In that __________ (personal jurisdiction data), while in the hands of the enemy, did, (at/on board— location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, without proper authority and for the purpose of securing favorable treatment by (his) (her) captors, (report to the commander of Camp __________ the preparations by __________, a prisoner at said camp, to escape, as a result of which report the said _____ was placed in solitary confinement) (_____).
Current text
Acting without authority to the detriment of another for the purpose of securing favorable treatment.
In that __________ (personal jurisdiction data), while in the hands of the enemy, did, (at/on board— location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, without proper authority and for the purpose of securing favorable treatment by (his) (her) captors, (report to the commander of Camp __________ the preparations by __________, a prisoner at said camp, to escape, as a result of which report the said _____ was placed in solitary confinement) (_____).
26.e.(2)
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Original text
Maltreating prisoner while in a position of authority.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, while in the hands of the enemy and in a position of authority over __________, a prisoner at __________, as (officer in charge of prisoners at _____) (_____), maltreat the said _____ by (depriving (him) (her) of _____) (_____), without justifiable cause.
Current text
Maltreating prisoner while in a position of authority.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, while in the hands of the enemy and in a position of authority over __________, a prisoner at __________, as (officer in charge of prisoners at _____) (_____), maltreat the said _____ by (depriving (him) (her) of _____) (_____), without justifiable cause.
“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.