UCMJ Article 103b: Aiding the Enemy

The MCM states under Article 103b (Aiding the Enemy), any person may be subject to prosecution if they:

1. aid, or attempt to aid, the enemy with arms, ammunition, supplies, money, or other things; or

2. without proper authority, knowingly harbor or protect or give intelligence to, or communicate or correspond with or hold any intercourse with the enemy, either directly or indirectly.

The service member may be prosecuted for aiding the enemy if they:

1. aided the enemy; and

2. did so with sure arms, ammunition, supplies, money, or other things.

To be prosecuted for attempting to aid the enemy, it must be demonstrated:

1. the accused did a specific overt act;

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

3. the act amounted to more than mere preparation and

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

Charges of harboring or protecting the enemy may be applicable if:

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

2. the person so harbored or protected was the enemy; various immediate and

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

Giving intelligence to the enemy may be charged if:

1. the accused, without proper authority, knowingly gave intelligence information to the enemy and

2. the intelligence information was accurate or implied the truth, at least partly.
   The service member may be charged with communicating with the enemy if:

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

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

Understanding Article 103b (Aiding the Enemy) of the UCMJ

Aiding or attempting to aid the enemy refers to the transfer of arms, ammunition, supplies, money, etc., to an enemy; this does not include the furnishing of subsistence, quarters, comforts, or aid that is lawfully entitled to prisoners of war.

Harboring or protecting the enemy requires the enemy to be shielded without proper authority, and the accused knew the other party was an enemy. Knowledge of the other party being an enemy may be proven through circumstantial evidence.

For giving intelligence to the enemy to be applicable, the information provided to the enemy must have been accurate or implied as true, the accused must have known the other party was an enemy, and the intelligence provided to the enemy was helpful to the enemy. The intelligence may have been conveyed directly or indirectly.

Communicating with the enemy is unauthorized communication, correspondence, or intercourse with the enemy. The intent, content, and method of communication, correspondence, or intercourse are irrelevant, and the offense is complete the moment the accused issues the communication, correspondence, or intercourse directly or indirectly. The accused must have known the other party was an enemy.

Maximum Possible Punishment for Violations of Article 103b

Anyone convicted of an Article 103b violation faces the maximum possible punishment of death or other such punishment a court-martial deems appropriate.

How do you defend against Article 103b Aiding the Enemy charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on martial law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various immediate matters and a diverse background of clients.

If you or someone you know is facing Article 103b charges for Aiding the Enemy, you must speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.