Summary of changes
Article 101 — Improper use of countersign
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
19 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
29.a.
unchanged
Original text
Text of statute.
Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished by death or such other punishment as a court-martial may direct.
Current text
Text of statute.
Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished by death or such other punishment as a court-martial may direct.
29.b.
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Original text
Elements.
Current text
Elements.
29.b.(1)
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Original text
Disclosing the parole or countersign to one not entitled to receive it.
Current text
Disclosing the parole or countersign to one not entitled to receive it.
29.b.(1)(a)
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Original text
That, in time of war, the accused disclosed the parole or countersign to a person, identified or unidentified; and
Current text
That, in time of war, the accused disclosed the parole or countersign to a person, identified or unidentified; and
29.b.(1)(b)
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Original text
That this person was not entitled to receive it.
Current text
That this person was not entitled to receive it.
29.b.(2)
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Original text
Giving a parole or countersign different from that authorized.
Current text
Giving a parole or countersign different from that authorized.
29.b.(2)(a)
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Original text
That, in time of war, the accused knew that the accused was authorized and required to give a certain parole or countersign; and
Current text
That, in time of war, the accused knew that the accused was authorized and required to give a certain parole or countersign; and
29.b.(2)(b)
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Original text
That the accused gave to a person entitled to receive and use this parole or countersign a different parole or countersign from that which the accused was authorized and required to give.
Current text
That the accused gave to a person entitled to receive and use this parole or countersign a different parole or countersign from that which the accused was authorized and required to give.
29.c.
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Original text
Explanation .
Current text
Explanation .
29.c.(1)
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Original text
Countersign.
A countersign is a word, signal, or procedure given from the principal headquarters of a command to aid guards and sentinels in their scrutiny of persons who apply to pass the lines. It consists of a secret challenge and a password, signal, or procedure.
Current text
Countersign.
A countersign is a word, signal, or procedure given from the principal headquarters of a command to aid guards and sentinels in their scrutiny of persons who apply to pass the lines. It consists of a secret challenge and a password, signal, or procedure.
29.c.(2)
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Original text
Parole.
A parole is a word used as a check on the countersign; it is given only to those who are entitled to inspect guards and to commanders of guards.
Current text
Parole.
A parole is a word used as a check on the countersign; it is given only to those who are entitled to inspect guards and to commanders of guards.
29.c.(3)
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Original text
Who may receive countersign.
The class of persons entitled to receive the countersign or parole will expand and contract under the varying circumstances of war. Who these persons are will be determined largely, in any particular case, by the general or special orders under which the accused was acting. Before disclosing such a word, a person subject to military law must determine at that person’s peril that the recipient is a person authorized to receive it.
Current text
Who may receive countersign.
The class of persons entitled to receive the countersign or parole will expand and contract under the varying circumstances of war. Who these persons are will be determined largely, in any particular case, by the general or special orders under which the accused was acting. Before disclosing such a word, a person subject to military law must determine at that person’s peril that the recipient is a person authorized to receive it.
29.c.(4)
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Original text
Intent, motive, negligence, mistake, ignorance not defense.
The accused’s intent or motive in disclosing the countersign or parole is immaterial to the issue of guilt, as is the fact that the disclosure was negligent or inadvertent. It is no defense that the accused did not know that the person to whom the countersign or parole was given was not entitled to receive it.
Current text
Intent, motive, negligence, mistake, ignorance not defense.
The accused’s intent or motive in disclosing the countersign or parole is immaterial to the issue of guilt, as is the fact that the disclosure was negligent or inadvertent. It is no defense that the accused did not know that the person to whom the countersign or parole was given was not entitled to receive it.
29.c.(5)
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Original text
How accused received countersign or parole.
It is immaterial whether the accused had received the countersign or parole in the regular course of duty or whether it was obtained in some other way.
Current text
How accused received countersign or parole.
It is immaterial whether the accused had received the countersign or parole in the regular course of duty or whether it was obtained in some other way.
29.c.(6)
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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).
29.d.
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Original text
Maximum punishment.
Death or such other punishment as a court-martial may direct.
Current text
Maximum punishment.
Death or such other punishment as a court-martial may direct.
29.e.
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Original text
Sample specifications.
Current text
Sample specifications.
29.e.(1)
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Original text
Disclosing the parole or countersign to one not entitled to receive it.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, disclose the (parole) (countersign), to wit: __________, to __________, a person who was not entitled to receive it.
Current text
Disclosing the parole or countersign to one not entitled to receive it.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, disclose the (parole) (countersign), to wit: __________, to __________, a person who was not entitled to receive it.
29.e.(2)
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Original text
Giving a parole or countersign different from that authorized.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, give to __________, a person entitled to receive and use the (parole) (countersign), a (parole) (countersign), namely: __________ which was different from that which, to (his) (her) knowledge, (he) (she) was authorized and required to give, to wit: __________.
Current text
Giving a parole or countersign different from that authorized.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, give to __________, a person entitled to receive and use the (parole) (countersign), a (parole) (countersign), namely: __________ which was different from that which, to (his) (her) knowledge, (he) (she) was authorized and required to give, to wit: __________.
“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.