Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart J - PUNITIVE ARTICLES › Section 400.1100 - Military Offenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart J outlines the military offenses, also referred to as Punitive
				Articles, for which charges can be brought under the Code and this
				Manual.
b) Directory of Military
				Offenses
SUBSECTION OF SECTION
400.1100
MILITARY OFFENSE/
PUNITIVE ARTICLE
CODE SECTION
[ 20 ILCS 1807 ]
(c)(1)
Accessory After the Fact
78
(c)(2)
Conviction of Lesser Included Offense
79
(c)(3)
Attempts
80
(c)(4)
Conspiracy
81
(c)(5)
Solicitation
82
(c)(6)
Fraudulent Enlistment, Appointment or
							 Separation
83
(c)(7)
Unlawful Enlistment, Appointment or Separation
84
(c)(8)
Desertion
85
(c)(9)
Absence Without Leave
86
(c)(10)
Missing Movement
87
(c)(11)
Contempt Toward Official
88
(c)(12)
Disrespect Toward Superior Commissioned
							 Officer
89
(c)(13)
Assaulting or Willfully Disobeying Superior
							 Commissioned Officer
90
(c)(14)
Insubordinate Conduct Toward a Warrant Officer,
							 Noncommissioned Officer or Petty Officer
91
(c)(15)
Failure to Obey Order or Regulation
92
(c)(16)
Cruelty and Maltreatment
93
(c)(17)
Mutiny or Sedition
94
(c)(18)
Resistance, Flight, Breach of Arrest, and
							 Escape
95
(c)(19)
Releasing Prisoner Without Proper Authority
96
(c)(20)
Unlawful Detention
97
(c)(21)
Noncompliance with Procedural Rules
98
(c)(22)
Misbehavior Before the Enemy
99
(c)(23)
Subordinate Compelling Surrender
100
(c)(24)
Improper Use of Countersign
101
(c)(25)
Forcing a Safeguard
102
(c)(26)
Captured or Abandoned Property
103
(c)(27)
Aiding the Enemy
104
(c)(28)
Misconduct as a Prisoner
105
(c)(29)
False Official Statement
107
(c)(30)
Military Property - Loss, Damage, Destruction or
							 Wrongful Disposition
108
(c)(31)
Property Other Than Military Property - Waste,
							 Spoilage or Destruction
109
(c)(32)
Improper Hazarding of Vessel
110
(c)(33)
Drunk on Duty
111
(c)(34)
Wrongful Use, Possession, Etc., of Controlled
							 Substances
112a
(c)(35)
Misbehavior of Sentinel
113
(c)(36)
Dueling
114
(c)(37)
Malingering
115
(c)(38)
Riot or Breach of Peace
116
(c)(39)
Provoking Speeches or Gestures
117
(c)(40)
Frauds Against the Government
132
(c)(41)
Conduct Unbecoming an Officer and a Gentleman
133
(c)(42)
General Article
134
c)
				Military Offenses
1) Accessory After the Fact
Any person subject to
the
Code who,
				  knowing that an offense punishable by
the
Code has been
				  committed, receives, comforts or assists the offender in order to hinder or
				  prevent his or her apprehension, trial or punishment shall be punished as a
				  court-martial may direct
. (Code Section 78)
2) Conviction of a Lesser Included Offense
An accused may be found guilty of an offense
				  necessarily included in the offense charged or of an attempt to commit either
				  the offense charged or an offense necessarily included in the charge
.
				  (Code Section 79)
3)
				Attempts
A)
An act, done with
				specific intent to commit an offense under
the
Code, amounting
				to more than mere preparation and tending, even though failing, to effect its
				commission, is an attempt to commit that offense
.
B)
Any person subject to the
C
ode who attempts to commit any offense punishable by
				the
Code shall be punished as a court-martial may direct,
				unless otherwise specifically prescribed
.
C)
Any person subject
				to
the
Code may be convicted of an attempt to
				commit an offense although it appears on the trial that the offense was
				consummated
. (Code Section 80)
4) Conspiracy
Any person subject to
the Code who
				  conspires with any other person to commit an offense under the Code shall, if
				  one or more of the conspirators does an act to effect the object of the
				  conspiracy, be punished as a court-martial may direct
. (Code Section
				  81)
5) Solicitation
A)
Any person subject
				to
the
Code who solicits or advises another or
				others to desert in violation of Code Section 85 or mutiny in violation of Code
				Section 94 shall, if the offense solicited or advised is attempted or
				committed, be punished with the punishment provided for the commission of the
				offense, but, if the offense solicited or advised is not committed or
				attempted, the person shall be punished as a court-martial may
				direct
.
B)
Any
				person subject to
the
Code who solicits or
				advises another or others to commit an act of misbehavior before the enemy in
				violation of Code Section 99 or sedition in violation of Code Section 94 shall,
				if the offense solicited or advised is committed, be punished with the
				punishment provided for the commission of the offense, but, if the offense
				solicited or advised is not committed, the person shall be punished as a
				court-martial may direct
. (Code Section 82)
6) Fraudulent Enlistment, Appointment or
				Separation
Any person who procures his or her own enlistment or
				  appointment in the SMF by knowingly false representation or deliberate
				  concealment as to his or her qualifications for that enlistment or appointment
				  and receives pay or allowance thereunder, or procures his or her own separation
				  from the SMF by knowingly providing false representation or deliberate
				  concealment as to his or her eligibility for that separation, shall be punished
				  as a court-martial may direct
. (Code Section 83)
7) Unlawful Enlistment, Appointment or
				Separation
Any person subject
				  to
the
Code who effects an enlistment or
				  appointment in or a separation from the SMF of any person who is known to him
				  or her to be ineligible for that enlistment, appointment or separation because
				  it is prohibited by law, regulation or order shall be punished as a
				  court-martial may direct
. (Code Section 84)
8) Desertion
A)
Any member of the SMF is guilty of
				desertion who
:
i)
without
				authority goes or remains absent from his or her unit, organization, or place
				of duty with intent to remain away permanently
;
ii)
quits his or her unit,
				organization or place of duty with intent to avoid hazardous duty or to shirk
				important service; or
iii)
without being regularly separated from one of the State military forces
				enlists or accepts an appointment in the same or another state military force,
				or in one of the armed forces of the United States, without fully disclosing
				the fact that he or she has not been regularly separated, or enters any foreign
				armed service except when authorized by the United States.
B)
Any commissioned SMF
				officer who, after tender of his or her resignation and before notice of its
				acceptance, quits his or her post or proper duties without leave and with
				intent to remain away permanently is guilty of desertion
.
C)
Any person found guilty of
				desertion or attempt to desert shall be punished, if the offense is committed
				in time of war, by confinement of not more than 10 years or such other
				punishment as a court-martial may direct, but if the desertion or attempt to
				desert occurs at any other time, by such punishment as a court-martial may
				direct
. (Code Section 85)
9) Absence Without Leave
Any person subject
				  to
the
Code who, without
				  authority,
fails to go to his or her appointed place of duty at
				  the time prescribed
,
goes from that place, or absents himself
				  or herself or remains absent from his or her unit, organization, or place of
				  duty at which he or she is required to be at the time prescribed, shall be
				  punished as a court-martial may direct
. (Code Section 86)
10) Missing Movement
Any person subject
				  to
the
Code who, through neglect or design,
				  misses the movement of a ship, aircraft or unit with which he or she is
				  required in the course of duty to move shall be punished as a court-martial may
				  direct
. (Code Section 87)
11) Contempt Toward Officials
Any commissioned officer who uses contemptuous words
				  against the President, the Vice President, Congress, the Secretary of Defense,
				  the Secretary of a military department, the Secretary of Homeland Security, or
				  the Illinois Governor or
General Assembly
shall
				  be punished as a court-martial may direct
. (Code Section 88)
12) Disrespect Toward a Superior
				Commissioned Officer
Any person subject
				  to
the
Code who behaves with disrespect toward
				  his or her superior commissioned officer shall be punished as a court-martial
				  may direct
. (Code Section 89)
13) Assaulting or Willfully Disobeying a
				Superior Commissioned Officer
Any person subject
				  to
the
Code who
strikes his or
				  her superior commissioned officer or draws or lifts up any weapon or offers any
				  violence against his or her superior commissioned officer while that officer is
				  in the execution of his or her office, or who willfully disobeys a lawful
				  command of his or her superior commissioned officer, shall be punished, if the
				  offense is committed in a time of war, by confinement of not more than 10 years
				  or such other punishment as a court-martial may direct. If the offense is
				  committed at any other time, the punishment shall be as a court-martial may
				  direct
. (Code Section 90)
14) Insubordinate Conduct Toward a Warrant
				Officer, Noncommissioned Officer, or Petty Officer
Any warrant officer or enlisted member who commits
				  any of the following offenses shall be punished as a court-martial may
				  direct
:
A)
strikes or
				assaults a warrant officer, noncommissioned officer or petty officer while that
				officer is in the execution of his or her office
;
B)
willfully disobeys the lawful
				order of a warrant officer, noncommissioned officer or petty officer;
				or
C)
treats with
				contempt or is disrespectful in language or deportment toward a warrant
				officer, noncommissioned officer or petty officer, while that officer is in
				execution of his or her office
. (Code Section 91)
15) Failure to Obey Order or Regulation
Any person subject
				  to
the
Code who commits any of the following
				  offenses shall be punished as a court-martial may direct
:
A)
violates or fails to obey any
				lawful general order or regulation;
B)
having knowledge of any other
				lawful order issued by an SMF member that it is his or her duty to obey, fails
				to obey the order; or
C)
is derelict in the performance of his or her duties
. (Code
				Section 92)
16) Cruelty
				and Maltreatment
Any person subject
				  to
the
Code who is guilty of cruelty toward, or
				  oppression or maltreatment of, any person subject to his or her orders shall be
				  punished as a court-martial may direct
. (Code Section 93)
17) Mutiny or Sedition
A) Offenses Defined
i) Mutiny.
Any person subject
				to
the
Code who,
with intent to
				usurp or override lawful military authority, refuses, in concert with any other
				person, to obey orders or otherwise do his or her duty or creates any violence
				or disturbance is guilty of mutiny
.
ii) Sedition.
Any person subject
				to
the
Code who,
with intent to
				cause the overthrow or destruction of lawful civil authority, creates, in
				concert with any other person, revolt, violence or other disturbance against
				that authority is guilty of sedition;
or
iii) Failure to Suppress or Report a Mutiny
				or Sedition.
Any person subject to the
Code
				who
fails to do his or her utmost to prevent and suppress a
				mutiny or sedition being committed in his or her presence, or fails to take all
				reasonable means to inform his or her superior commissioned officer or
				commanding officer of a mutiny or sedition that he or she knows or has reason
				to believe is taking place, is guilty of a failure to suppress or report a
				mutiny or sedition
.
B)
A person who is found guilty
				of
committing
or attempting to commit an offense defined in
				subsection
(c)(17)
shall be punished as a court-martial may
				direct
. (Code Section 94)
18) Resistance, Flight, Breach of Arrest and
				Escape
Any person subject to
the Code who
				  commits any of the following shall be punished as a court-martial may
				  direct
:
A)
resists
				apprehension
;
B)
flees from apprehension
;
C)
breaks arrest;
				or
D)
escapes from
				custody or confinement
. (Code Section 95)
19) Releasing Prisoner Without Proper
				Authority
Any person subject
				  to
the
Code who, without proper authority,
				  releases any prisoner committed to his or her charge, or who through neglect or
				  design suffers any such prisoner to escape, shall be punished as a
				  court-martial may direct, whether or not the prisoner was committed in strict
				  compliance with law
. (Code Section 96)
20) Unlawful Detention
Any person subject
				  to
the
Code who, except as provided by law or
				  regulation, apprehends, arrests or confines any person shall be punished as a
				  court-martial may direct
. (Code Section 97)
21) Noncompliance with Procedural Rules
Any person subject
				  to
the
Code who is responsible for unnecessary
				  delay in the disposition of any case of a person accused of an offense under
				  the Code, or knowingly and intentionally fails to enforce or comply with any
				  provision of the Code regulating the proceedings before, during or after trial
				  of an accused, shall be punished as a court-martial may direct.
(Code
				  Section 98)
22) Misbehavior
				Before the Enemy
Any person subject
				  to
the
Code who, before or in the presence of
				  the enemy, commits any of the following shall be punished as a court-martial
				  may direct
:
A)
runs
				away;
B)
shamefully abandons, surrenders or delivers up any command, unit, place
				or military property that it is his or her duty to defend;
C)
through disobedience, neglect or
				intentional misconduct endangers the safety of any command, unit, place or
				military property;
D)
casts away his or her arms or ammunition;
E)
is guilty of cowardly
				conduct;
F)
quits
				his or her place of duty to plunder or pillage;
G)
causes false alarms in any
				command, unit or place under control of the armed forces of the United States
				or the SMF;
H)
willfully fails to do his or her utmost to encounter, engage, capture
				or destroy any enemy troops, combatants, vessels, aircraft, or any other thing
				that it is his or her duty to encounter, engage, capture or destroy;
				or
I)
does not
				afford all practicable relief and assistance to any troops, combatants, vessels
				or aircraft of the armed forces belonging to the United States or its allies,
				to the State, or to any other state, when engaged in battle.
(Code
				Section 99)
23)
				Subordinate Compelling Surrender
Any person subject
				  to
the
Code who compels or attempts to compel
				  the commander of the military forces of this State or of any other state,
				  place, vessel, aircraft or other military property, or of any body of members
				  of the armed forces to give it up to an enemy or to abandon it, or who strikes
				  the colors or flag to an enemy without proper authority, shall be punished as a
				  court-martial may direct
. (Code Section 100)
24) Improper Use of Countersign
Any person subject to the Code who in time of war
				  discloses the parole
(i.e., watchword)
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 or her knowledge, he or she was authorized and required
				  to give, shall be punished as a court-martial may direct.
(Code
				  Section 101)
25) Forcing a
				Safeguard
Any person subject
				  to
the
Code who forces a safeguard shall be
				  punished as a court-martial may direct.
(Code Section 102)
26) Captured or Abandoned Property
A)
All persons subject
				to
the
Code shall secure all public property
				taken for the service of the United States or
the
State, and
				shall give notice and turn over to the proper authority without delay all
				captured or abandoned property in their possession, custody or
				control
.
B)
Any
				person subject to the Code shall be punished as a court-martial may direct
				who
:
i)
fails to carry out
				the duties prescribed in subsection
(c)(26)
(A);
ii)
buys, sells, trades or in any way deals in or disposes of taken,
				captured or abandoned property, whereby he or she receives or expects any
				profit, benefit or advantage to himself or another directly or indirectly
				connected with himself; or
iii)
engages in looting or
				pillaging
. (Code Section 103)
27) Aiding the Enemy
Any person subject
				  to
the
Code shall be punished as a
				  court-martial may direct who
:
A)
aids, or attempts to aid, the
				enemy with arms, ammunition, supplies, money or other things;
				or
B)
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
. (Code Section 104)
28) Misconduct as a Prisoner
Any person subject
				  to
the
Code shall be punished as a
				  court-martial may direct who, while in the hands of the enemy in time of
				  war:
A)
for the
				purpose of securing favorable treatment by his or her 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
B)
while in a position of authority over other military or civilian
				prisoners, maltreats them without justifiable cause
. (Code Section
				105)
29) False Official
				Statements
Any person subject
				  to
the
Code who, with intent to deceive, signs
				  any false record, return, regulation, order or other official document made in
				  the line of duty, knowing it to be false, or makes any other false official
				  statement made in the line of duty, knowing it to be false, shall be punished
				  as a court-martial may direct
. (Code Section 107)
30) Military Property - Loss, Damage,
				Destruction or Wrongful Disposition
Any person subject
				  to
the
Code who, without proper authority,
				  sells or otherwise disposes of,
willfully or through neglect
				  damages, destroys or loses, or willfully or through neglect suffers to be lost,
				  damaged, destroyed, sold or wrongfully disposed of, any military property of
				  the United States or of any state shall be punished as a court-martial may
				  direct
. (Code Section 108)
31) Property Other Than Military Property -
				Waste, Spoliation or Destruction
Any person subject to the Code who willfully or
				  recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or
				  damages any property other than military property of the State of
				  Illinois,
the United States, or any other state shall be
				  punished as a court-martial may direct
. (Code Section 109)
32) Improper Hazarding of Vessel
A)
Any person subject
				to
the
Code who willfully and wrongfully
				hazards or suffers to be hazarded any vessel of the armed forces
				of
the State of Illinois, the United States, or any other state
				shall suffer such punishment as a court-martial may direct
.
B)
Any person subject
				to
the
Code who negligently hazards or suffers
				to be hazarded any vessel of the armed forces of the State of Illinois, the
				United States, or any other state shall be punished as a court-martial may
				direct
. (Code Section 110)
33) Drunk on Duty
Any person subject to the Code, other than a sentinel
				  or look-out
(see subsection (c)(35)),
who is found drunk on
				  duty shall be punished as a court-martial may direct.
(Code Section
				  112)
34) Wrongful Use,
				Possession, Etc., of Controlled Substances
A)
Any person subject to
the
Code who
				wrongfully uses, possesses, manufactures, distributes, imports into the customs
				territory of the United States, exports from the United States, or introduces
				into an installation, vessel, vehicle or aircraft used by or under the control
				of the armed forces of the United States or of any state military forces a
				substance described in subsection
(c)(34)
(B) shall be punished
				as a court-martial may direct
.
B)
The substances referred to in
				subsection
(c)(34)
(A) are the following
:
i)
Opium, heroin, cocaine,
				amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine,
				barbituric acid and marijuana, and any compound or derivative of any of these
				substances
.
ii)
Any substance not specified in
subsection (c)(34)(B)(i)
that is listed on a schedule of controlled substances prescribed by the
				President for the purposes of the Uniform Code of Military Justice of the armed
				forces of the United States
.
iii)
Any other substance not
				specified in
subsection (c)(34)(B)(i)
or contained on a list
				prescribed by the President under
subsection (c)(34)(B)(ii)
that is a Schedule I through V substance under Article 202 of the
				federal Controlled Substances Act
. (Code Section 112A)
35) Misbehavior of a
				Sentinel
Any sentinel or look-out who is found drunk or
				  sleeping at his or her post, or leaves it before being regularly relieved,
				  shall be punished, if the offense is committed in time of war, by
				  confinement
of not more than 10 years or other punishment as a
				  court-martial may direct. If the offense is committed at any other time,
				  punishment shall be as a court-martial may direct
. (Code Section
				  113)
36) Dueling
Any person subject
				  to
the
Code who fights, promotes, is concerned
				  in, or connives at fighting a duel, or who, having knowledge of a challenge
				  sent or about to be sent, fails to report the fact promptly to the proper
				  authority, shall be punished as a court-martial may direct
. (Code
				  Section 114)
37)
				Malingering
Any person subject
				  to
the
Code who, for the purpose of avoiding
				  work, duty or service, feigns illness, physical disablement, mental lapse or
				  derangement, or intentionally inflicts self-injury, shall be punished as a
				  court-martial may direct
. (Code Section 115)
38) Riot or Breach of Peace
Any person subject to the Code who causes or
				  participates in any riot or breach of the peace shall be punished as a
				  court-martial may direct
. (Code Section 116)
39) Provoking Speeches or Gestures
Any person subject
				  to
the
Code who uses provoking or reproachful
				  words or gestures towards any other person subject to the Code shall be
				  punished as a court-martial may direct
. (Code Section 117)
40) Frauds Against the Government
Any person subject
				  to
the
Code shall be punished as a
				  court-martial may direct who
:
A)
knowing it to be false or
				fraudulent:
i)
makes any
				claim against the United States,
the
State, or any officer of
				either; or
ii)
presents to any person in the civil or military service, for approval
				or payment, any claim against the United States,
the
State, or
				any officer of either;
B)
for the purpose of obtaining the
				approval, allowance or payment of any claim against the United States,
the
State, or any officer of either
:
i)
makes or uses any writing or other
				paper knowing it to contain any false or fraudulent
				statements;
ii)
makes any oath, affirmation or certification to any fact or to any
				writing or other paper knowing the oath, affirmation or certification to be
				false; or
iii)
forges or counterfeits any signature upon any writing or other paper,
				or uses any such signature knowing it to be forged or
				counterfeited;
C)
having charge, possession, custody
				or control of any money or other property of the United States or
the
State, furnished or intended for the armed forces of the United States
				or the SMF, knowingly delivers to any person having authority to receive it,
				any amount less than that for which he or she receives a certificate or
				receipt; or
D)
being authorized to make or deliver any paper certifying the receipt of
				any property of the United States or
the
State, furnished or
				intended for the armed forces of the United States or the SMF, makes or
				delivers to any person that writing without having full knowledge of the truth
				of the statements in the writing and with intent to defraud the United States
				or this State
. (Code Section 132)
41) Conduct Unbecoming an Officer and a
				Gentleman
Any commissioned officer, cadet, candidate or
				  midshipman who is convicted of conduct unbecoming an officer and a gentleman
				  shall be punished as a court-martial may direct.
(Code Section
				  133)
42) General Article
Though not specifically mentioned
				  in
the
Code, all disorders and neglects to the
				  prejudice of good order and discipline in the SMF and all conduct of a nature
				  to bring discredit upon the SMF shall be taken cognizance of by a court-martial
				  and punished at the discretion of a military court. However, when a crime
				  constitutes an offense that violates both
the
Code and the
				  criminal laws of the state where the offense occurs or criminal laws of the
				  United States, jurisdiction of the military court must be determined in
				  accordance with Code
Section 2(b). (Code Section 134)