Any person who—

aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct. This section does not apply to a military commission . established under chapter 47A of this title

That the accused aided the enemy; and

That the accused did so with certain arms, ammunition, supplies, money, or other things.

That the accused did a certain overt act;

That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money, or other things;

That the act amounted to more than mere preparation; and

That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money, or other things.

That the accused, without proper authority, harbored or protected a person;

That the person so harbored or protected was the enemy; and

That the accused knew that the person so harbored or protected was an enemy.

That the accused, without proper authority, knowingly gave intelligence information to the enemy; and

That the intelligence information was true, or implied the truth, at least in part.

That the accused, without proper authority, communicated, corresponded, or held intercourse with the enemy; and

That the accused knew that the accused was communicating, corresponding, or holding intercourse with the enemy.

This article denounces offenses by all persons whether or not otherwise subject to military law. Offenders may be tried by court-martial or by military commission.

For a discussion of “enemy,” see subparagraph 27.c.(1)(b).

It is not a violation of this article to furnish prisoners of war subsistence, quarters, and other comforts or aid to which they are lawfully entitled.

An enemy is harbored or protected when, without proper authority, that enemy is shielded, either physically or by use of any artifice, aid, or representation from any injury or misfortune which in the chance of war may occur.

Actual knowledge is required, but may be proved by circumstantial evidence.

Giving intelligence to the enemy is a particular case of corresponding with the enemy made more serious by the fact that the communication contains intelligence that may be useful to the enemy for any of the many reasons that make information valuable to belligerents. This intelligence may be conveyed by direct or indirect means.

Intelligence imports that the information conveyed is true or implies the truth, at least in part.

Actual knowledge is required but may be proved by circumstantial evidence.

No unauthorized communication, correspondence, or intercourse with the enemy is permissible. The intent, content, and method of the communication, correspondence, or intercourse are immaterial. No response or receipt by the enemy is required. The offense is complete the moment the communication, correspondence, or intercourse issues from the accused. The communication, correspondence, or intercourse may be conveyed directly or indirectly. A prisoner of war may violate this Article by engaging in unauthorized communications with the enemy. See also subparagraph 26.c.(3).

Actual knowledge is required but may be proved by circumstantial evidence.

Citizens of neutral powers resident in or visiting invaded or occupied territory can claim no immunity from the customary laws of war relating to communication with the enemy. 12A.

Death or such other punishment as a court-martial or military commission may direct.

Sample specification s.

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, (attempt to) aid the enemy with (arms) (ammunition) (supplies) (money) (_____), by (furnishing and delivering to _____, members of the enemy’s armed forces _____) (____).

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, without proper authority, knowingly (harbor) (protect) __________, an enemy, by (concealing the said _____ in (his) (her) house) (_____).

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, without proper authority, knowingly give intelligence to the enemy, by (informing a patrol of the enemy’s forces of the whereabouts of a military patrol of the United States forces) (____).

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, without proper authority, knowingly (communicate with) (correspond with) (hold intercourse with) the enemy (by writing and transmitting secretly through the lines to one __________, whom (he) (she), the said __________, knew to be (an officer of the enemy’s armed forces) (_____) a communication in words and figures substantially as follows, to wit: _____) (indirectly by publishing in _____, a newspaper published at _____, a communication in words and figures as follows, to wit: _____, which communication was intended to reach the enemy) (_____).