Summary of changes
Article 102 — Forcing a safeguard
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
12 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
30.a.
unchanged
Original text
Text of statute.
Any person subject to this chapter who forces a safeguard shall suffer death or such other punishment as a court-martial may direct.
Current text
Text of statute.
Any person subject to this chapter who forces a safeguard shall suffer death or such other punishment as a court-martial may direct.
30.b.
unchanged
Original text
Elements.
Current text
Elements.
30.b.(1)
unchanged
Original text
That a safeguard had been issued or posted for the protection of a certain person or persons, place, or property;
Current text
That a safeguard had been issued or posted for the protection of a certain person or persons, place, or property;
30.b.(2)
unchanged
Original text
That the accused knew or should have known of the safeguard; and
Current text
That the accused knew or should have known of the safeguard; and
30.b.(3)
unchanged
Original text
That the accused forced the safeguard.
Current text
That the accused forced the safeguard.
30.c.
unchanged
Original text
Explanation .
Current text
Explanation .
30.c.(1)
unchanged
Original text
Safeguard.
A safeguard is a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy, or of a neutral affected by the relationship of belligerent forces in their prosecution of war or during circumstances amounting to a state of belligerency. The term also includes a written order left by a commander with an enemy subject or posted upon enemy property for the protection of that person or property. A safeguard is not a device adopted by a belligerent to protect its own property or nationals or to ensure order within its own forces, even if those forces are in a theater of combat operations, and the posting of guards or of off-limits signs does not establish a safeguard unless a commander takes those actions to protect enemy or neutral persons or property. The effect of a safeguard is to pledge the honor of the nation that the person or property shall be respected by the national armed forces.
Current text
Safeguard.
A safeguard is a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy, or of a neutral affected by the relationship of belligerent forces in their prosecution of war or during circumstances amounting to a state of belligerency. The term also includes a written order left by a commander with an enemy subject or posted upon enemy property for the protection of that person or property. A safeguard is not a device adopted by a belligerent to protect its own property or nationals or to ensure order within its own forces, even if those forces are in a theater of combat operations, and the posting of guards or of off-limits signs does not establish a safeguard unless a commander takes those actions to protect enemy or neutral persons or property. The effect of a safeguard is to pledge the honor of the nation that the person or property shall be respected by the national armed forces.
30.c.(2)
unchanged
Original text
Forcing a safeguard.
“Forcing a safeguard” means to perform an act or acts in violation of the protection of the safeguard.
Current text
Forcing a safeguard.
“Forcing a safeguard” means to perform an act or acts in violation of the protection of the safeguard.
30.c.(3)
unchanged
Original text
Nature of offense.
Any trespass on the protection of the safeguard will constitute an offense under this article, whether the safeguard was imposed in time of war or in circumstances amounting to a state of belligerency short of a formal state of war.
Current text
Nature of offense.
Any trespass on the protection of the safeguard will constitute an offense under this article, whether the safeguard was imposed in time of war or in circumstances amounting to a state of belligerency short of a formal state of war.
30.c.(4)
unchanged
Original text
Knowledge.
Actual knowledge of the safeguard is not required. It is sufficient if an accused should have known of the existence of the safeguard.
Current text
Knowledge.
Actual knowledge of the safeguard is not required. It is sufficient if an accused should have known of the existence of the safeguard.
30.d.
unchanged
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.
30.e.
unchanged
Original text
Sample specification.
In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, force a safeguard, (known by (him) (her) to have been placed over the premises occupied by __________ at __________ by (overwhelming the guard posted for the protection of the same) (__________)) (__________).
Current text
Sample specification.
In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, force a safeguard, (known by (him) (her) to have been placed over the premises occupied by __________ at __________ by (overwhelming the guard posted for the protection of the same) (__________)) (__________).
“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.