§ 950q TITLE 10—ARMED FORCES Page 492 chapter, as amended by the National Defense an attempt to commit either the offense charged Authorization Act for Fiscal Year 2010, but rath- or an attempt to commit either the offense er codifies those crimes for trial by military charged or an offense necessarily included there- commission. Because the provisions of this sub- in. chapter codify offenses that have traditionally (Added Pub. L. 111–84, div. A, title XVIII, § 1802, been triable under the law of war or otherwise Oct. 28, 2009, 123 Stat. 2607.) triable by military commission, this subchapter does not preclude trial for offenses that occurred PRIOR PROVISIONS before the date of the enactment of this sub- A prior section 950s, added Pub. L. 109–366, § 3(a)(1), chapter, as so amended. Oct. 17, 2006, 120 Stat. 2624, related to conviction of less- (Added Pub. L. 111–84, div. A, title XVIII, § 1802, er included offense, prior to the general amendment of Oct. 28, 2009, 123 Stat. 2606.) this chapter by Pub. L. 111–84.

REFERENCES IN TEXT § 950t. Crimes triable by military commission The date of the enactment of this subchapter, as The following offenses shall be triable by mili- amended by the National Defense Authorization Act for tary commission under this chapter at any time Fiscal Year 2010, referred to in subsec. (d), is the date without limitation: of enactment of Pub. L. 111–84, which was approved Oct. (1) MURDER OF PROTECTED PERSONS.—Any 28, 2009. person subject to this chapter who inten- PRIOR PROVISIONS tionally kills one or more protected persons A prior section 950p, added Pub. L. 109–366, § 3(a)(1), shall be punished by death or such other pun- Oct. 17, 2006, 120 Stat. 2624, related to statement of sub- ishment as a military commission under this stantive offenses, prior to the general amendment of chapter may direct. this chapter by Pub. L. 111–84. (2) ATTACKING CIVILIANS.—Any person sub- § 950q. Principals ject to this chapter who intentionally engages in an attack upon a civilian population as Any person punishable under this chapter such, or individual civilians not taking active who— part in hostilities, shall be punished, if death (1) commits an offense punishable by this results to one or more of the victims, by death chapter, or aids, abets, counsels, commands, or such other punishment as a military com- or procures its commission; mission under this chapter may direct, and, if (2) causes an act to be done which if directly death does not result to any of the victims, by performed by him would be punishable by this such punishment, other than death, as a mili- chapter; or (3) is a superior commander who, with regard tary commission under this chapter may di- to acts punishable by this chapter, knew, had rect. reason to know, or should have known, that a (3) ATTACKING CIVILIAN OBJECTS.—Any person subordinate was about to commit such acts or subject to this chapter who intentionally en- had done so and who failed to take the nec- gages in an attack upon a civilian object that essary and reasonable measures to prevent is not a military objective shall be punished as such acts or to punish the perpetrators there- a military commission under this chapter may of, direct. (4) ATTACKING PROTECTED PROPERTY.—Any is a principal. person subject to this chapter who inten- (Added Pub. L. 111–84, div. A, title XVIII, § 1802, tionally engages in an attack upon protected Oct. 28, 2009, 123 Stat. 2606.) property shall be punished as a military com- mission under this chapter may direct. PRIOR PROVISIONS (5) PILLAGING.—Any person subject to this A prior section, 950q, added Pub. L. 109–366, § 3(a)(1), chapter who intentionally and in the absence Oct. 17, 2006, 120 Stat. 2624, related to principals, prior to the general amendment of this chapter by Pub. L. of military necessity appropriates or seizes 111–84. property for private or personal use, without the consent of a person with authority to per- § 950r. Accessory after the fact mit such appropriation or seizure, shall be Any person subject to this chapter who, know- punished as a military commission under this ing that an offense punishable by this chapter chapter may direct. has been committed, receives, comforts, or as- (6) DENYING QUARTER.—Any person subject to sists the offender in order to hinder or prevent this chapter who, with effective command or his apprehension, trial, or punishment shall be control over subordinate groups, declares, or- punished as a military commission under this ders, or otherwise indicates to those groups chapter may direct. that there shall be no survivors or surrender accepted, with the intent to threaten an ad- (Added Pub. L. 111–84, div. A, title XVIII, § 1802, versary or to conduct hostilities such that Oct. 28, 2009, 123 Stat. 2607.) there would be no survivors or surrender ac- PRIOR PROVISIONS cepted, shall be punished as a military com- A prior section 950r, added Pub. L. 109–366, § 3(a)(1), mission under this chapter may direct. Oct. 17, 2006, 120 Stat. 2624, related to accessory after (7) TAKING HOSTAGES.—Any person subject to the fact, prior to the general amendment of this chap- this chapter who, having knowingly seized or ter by Pub. L. 111–84. detained one or more persons, threatens to kill, injure, or continue to detain such person § 950s. Conviction of lesser offenses or persons with the intent of compelling any An accused may be found guilty of an offense nation, person other than the hostage, or necessarily included in the offense charged or of group of persons to act or refrain from acting Page 493 TITLE 10—ARMED FORCES § 950t

as an explicit or implicit condition for the other person in their custody or under their safety or release of such person or persons, physical control, regardless of nationality or shall be punished, if death results to one or physical location, to cruel or inhuman treat- more of the victims, by death or such other ment that constitutes a grave breach of com- punishment as a military commission under mon Article 3 of the Geneva Conventions shall this chapter may direct, and, if death does not be punished, if death results to the victim, by result to any of the victims, by such punish- death or such other punishment as a military ment, other than death, as a military commis- commission under this chapter may direct, sion under this chapter may direct. and, if death does not result to the victim, by (8) EMPLOYING POISON OR SIMILAR WEAPONS.— such punishment, other than death, as a mili- Any person subject to this chapter who inten- tary commission under this chapter may di- tionally, as a method of warfare, employs a rect. substance or weapon that releases a substance (13) INTENTIONALLY CAUSING SERIOUS BODILY that causes death or serious and lasting dam- INJURY.— age to health in the ordinary course of events, (A) OFFENSE.—Any person subject to this through its asphyxiating, bacteriological, or chapter who intentionally causes serious toxic properties, shall be punished, if death re- bodily injury to one or more persons, includ- sults to one or more of the victims, by death ing privileged belligerents, in violation of or such other punishment as a military com- the law of war shall be punished, if death re- mission under this chapter may direct, and, if sults to one or more of the victims, by death death does not result to any of the victims, by or such other punishment as a military com- such punishment, other than death, as a mili- mission under this chapter may direct, and, tary commission under this chapter may di- if death does not result to any of the vic- rect. tims, by such punishment, other than death, (9) USING PROTECTED PERSONS AS A SHIELD.— as a military commission under this chapter Any person subject to this chapter who posi- may direct. tions, or otherwise takes advantage of, a pro- (B) SERIOUS BODILY INJURY DEFINED.—In tected person with the intent to shield a mili- this paragraph, the term ‘‘serious bodily in- tary objective from attack.1 or to shield, jury’’ means bodily injury which involves— favor, or impede military operations, shall be (i) a substantial risk of death; punished, if death results to one or more of the (ii) extreme physical pain; victims, by death or such other punishment as (iii) protracted and obvious disfigure- a military commission under this chapter may ment; or direct, and, if death does not result to any of (iv) protracted loss or impairment of the the victims, by such punishment, other than function of a bodily member, organ, or death, as a military commission under this mental faculty. chapter may direct. (10) USING PROTECTED PROPERTY AS A (14) MUTILATING OR MAIMING.—Any person SHIELD.—Any person subject to this chapter subject to this chapter who intentionally in- who positions, or otherwise takes advantage of jures one or more protected persons by dis- the location of, protected property with the figuring the person or persons by any mutila- intent to shield a military objective from at- tion of the person or persons, or by perma- tack, or to shield, favor, or impede military nently disabling any member, limb, or organ operations, shall be punished as a military of the body of the person or persons, without commission under this chapter may direct. any legitimate medical or dental purpose, (11) TORTURE.— shall be punished, if death results to one or (A) OFFENSE.—Any person subject to this more of the victims, by death or such other chapter who commits an act specifically in- punishment as a military commission under tended to inflict severe physical or mental this chapter may direct, and, if death does not pain or suffering (other than pain or suffer- result to any of the victims, by such punish- ing incidental to lawful sanctions) upon an- ment, other than death, as a military commis- other person within his custody or physical sion under this chapter may direct. control for the purpose of obtaining informa- (15) MURDER IN VIOLATION OF THE LAW OF tion or a confession, punishment, intimida- WAR.—Any person subject to this chapter who tion, coercion, or any reason based on dis- intentionally kills one or more persons, in- crimination of any kind, shall be punished, cluding privileged belligerents, in violation of if death results to one or more of the vic- the law of war shall be punished by death or tims, by death or such other punishment as such other punishment as a military commis- a military commission under this chapter sion under this chapter may direct. may direct, and, if death does not result to (16) DESTRUCTION OF PROPERTY IN VIOLATION any of the victims, by such punishment, OF THE LAW OF WAR.—Any person subject to other than death, as a military commission this chapter who intentionally destroys prop- under this chapter may direct. erty belonging to another person in violation (B) SEVERE MENTAL PAIN OR SUFFERING DE- of the law of war shall 2 punished as a military FINED.—In this paragraph, the term ‘‘severe commission under this chapter may direct. mental pain or suffering’’ has the meaning (17) USING TREACHERY OR PERFIDY.—Any per- given that term in section 2340(2) of title 18. son subject to this chapter who, after inviting (12) CRUEL OR INHUMAN TREATMENT.—Any the confidence or belief of one or more persons person subject to this chapter who subjects an- that they were entitled to, or obliged to ac-

1 So in original. The period probably should be a comma. 2 So in original. Probably should be followed by ‘‘be’’. § 950t TITLE 10—ARMED FORCES Page 494

cord, protection under the law of war, inten- a military commission under this chapter may tionally makes use of that confidence or belief direct, and, if death does not result to any of in killing, injuring, or capturing such person the victims, by such punishment, other than or persons shall be punished, if death results death, as a military commission under this to one or more of the victims, by death or such chapter may direct. other punishment as a military commission (25) PROVIDING MATERIAL SUPPORT FOR TER- under this chapter may direct, and, if death RORISM.— does not result to any of the victims, by such (A) OFFENSE.—Any person subject to this punishment, other than death, as a military chapter who provides material support or re- commission under this chapter may direct. sources, knowing or intending that they are (18) IMPROPERLY USING A FLAG OF TRUCE.— to be used in preparation for, or in carrying Any person subject to this chapter who uses a out, an act of terrorism (as set forth in para- flag of truce to feign an intention to nego- graph (24) of this section), or who inten- tiate, surrender, or otherwise suspend hos- tionally provides material support or re- tilities when there is no such intention shall sources to an international terrorist organi- be punished as a military commission under zation engaged in hostilities against the this chapter may direct. United States, knowing that such organiza- (19) IMPROPERLY USING A DISTINCTIVE EM- tion has engaged or engages in terrorism (as BLEM.—Any person subject to this chapter who so set forth), shall be punished as a military intentionally uses a distinctive emblem recog- commission under this chapter may direct. nized by the law of war for combatant pur- (B) MATERIAL SUPPORT OR RESOURCES DE- poses in a manner prohibited by the law of war FINED.—In this paragraph, the term ‘‘mate- shall be punished as a military commission rial support or resources’’ has the meaning under this chapter may direct. given that term in section 2339A(b) of title (20) INTENTIONALLY MISTREATING A DEAD 18. BODY.—Any person subject to this chapter who intentionally mistreats the body of a dead per- (26) WRONGFULLY AIDING THE ENEMY.—Any son, without justification by legitimate mili- person subject to this chapter who, in breach tary necessary, shall be punished as a military of an allegiance or duty to the United States, commission under this chapter may direct. knowingly and intentionally aids an enemy of (21) RAPE.—Any person subject to this chap- the United States, or one of the co-belliger- ter who forcibly or with coercion or threat of ents of the enemy, shall be punished as a mili- force wrongfully invades the body of a person tary commission under this chapter may di- by penetrating, however slightly, the anal or rect. genital opening of the victim with any part of (27) SPYING.—Any person subject to this the body of the accused, or with any foreign chapter who, in violation of the law of war and object, shall be punished as a military com- with intent or reason to believe that it is to be mission under this chapter may direct. used to the injury of the United States or to (22) SEXUAL ASSAULT OR ABUSE.—Any person the advantage of a foreign power, collects or subject to this chapter who forcibly or with attempts to collect information by clandestine coercion or threat of force engages in sexual means or while acting under false pretenses, contact with one or more persons, or causes for the purpose of conveying such information one or more persons to engage in sexual con- to an enemy of the United States, or one of tact, shall be punished as a military commis- the co-belligerents of the enemy, shall be pun- sion under this chapter may direct 3 ished by death or such other punishment as a (23) HIJACKING OR HAZARDING A VESSEL OR military commission under this chapter may AIRCRAFT.—Any person subject to this chapter direct. who intentionally seizes, exercises unauthor- (28) ATTEMPTS.— ized control over, or endangers the safe navi- (A) IN GENERAL.—Any person subject to gation of a vessel or aircraft that is not a le- this chapter who attempts to commit any of- gitimate military objective shall be punished, fense punishable by this chapter shall be if death results to one or more of the victims, punished as a military commission under by death or such other punishment as a mili- this chapter may direct. tary commission under this chapter may di- (B) SCOPE OF OFFENSE.—An act, done with rect, and, if death does not result to any of the specific intent to commit an offense under victims, by such punishment, other than this chapter, amounting to more than mere death, as a military commission under this preparation and tending, even though fail- chapter may direct. ing, to effect its commission, is an attempt (24) TERRORISM.—Any person subject to this to commit that offense. chapter who intentionally kills or inflicts (C) EFFECT OF CONSUMMATION.—Any person great bodily harm on one or more protected subject to this chapter may be convicted of persons, or intentionally engages in an act an attempt to commit an offense although it that evinces a wanton disregard for human appears on the trial that the offense was life, in a manner calculated to influence or af- consummated. fect the conduct of government or civilian (29) CONSPIRACY.—Any person subject to this population by intimidation or coercion, or to chapter who conspires to commit one or more retaliate against government conduct, shall be substantive offenses triable by military com- punished, if death results to one or more of the mission under this subchapter, and who know- victims, by death or such other punishment as ingly does any overt act to effect the object of the conspiracy, shall be punished, if death re- 3 So in original. Probably should be followed by a period. sults to one or more of the victims, by death Page 495 TITLE 10—ARMED FORCES § 951

or such other punishment as a military com- correctional facilities established under this mission under this chapter may direct, and, if chapter; death does not result to any of the victims, by (2) provide for the education, training, reha- such punishment, other than death, as a mili- bilitation, and welfare of offenders confined in tary commission under this chapter may di- a military correctional facility of his depart- rect. ment; and (30) SOLICITATION.—Any person subject to (3) provide for the organization and equip- this chapter who solicits or advises another or ping of offenders selected for training with a others to commit one or more substantive of- view to their honorable restoration to duty or fenses triable by military commission under possible reenlistment. this chapter shall, if the offense solicited or (c) There shall be an officer in command of advised is attempted or committed, be pun- each major military correctional facility. Under ished with the punishment provided for the regulations to be prescribed by the Secretary commission of the offense, but, if the offense concerned, the officer in command shall have solicited or advised is not committed or at- custody and control of offenders confined within tempted, shall be punished as a military com- the facility which he commands, and shall use- mission under this chapter may direct. fully employ those offenders as he considers best (31) CONTEMPT.—A military commission under this chapter may punish for contempt for their health and reformation, with a view to any person who uses any menacing word, sign, their restoration to duty, enlistment for future or gesture in its presence, or who disturbs its service, or return to civilian life as useful citi- proceedings by any riot or disorder. zens. (d) There may be made or repaired at each (32) PERJURY AND OBSTRUCTION OF JUSTICE.— A military commission under this chapter military correctional facility such supplies for may try offenses and impose such punishment the armed forces or other agencies of the United as the military commission may direct for States as can properly and economically be perjury, false testimony, or obstruction of jus- made or repaired at such facilities. tice related to the military commission. (Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. (Added Pub. L. 111–84, div. A, title XVIII, § 1802, 287; amended Pub. L. 96–513, title V, § 511(27), Oct. 28, 2009, 123 Stat. 2607.) Dec. 12, 1980, 94 Stat. 2922.)

PRIOR PROVISIONS AMENDMENTS Prior sections 950t to 950w were omitted in the gen- 1980—Subsec. (d). Pub. L. 96–513 substituted ‘‘at such eral amendment of this chapter by Pub. L. 111–84. facilities’’ for ‘‘as such facilities’’. Section 950t, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to attempts to commit any EFFECTIVE DATE OF 1980 AMENDMENT offense punishable by this chapter. Amendment by Pub. L. 96–513 effective Dec. 12, 1980, Section 950u, added Pub. L. 109–366, § 3(a)(1), Oct. 17, see section 701(b)(3) of Pub. L. 96–513, set out as a note 2006, 120 Stat. 2625, related to solicitation. under section 101 of this title. Section 950v, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to definitions, construction, OFFENSES AGAINST MINORS and crimes triable by military commissions. Pub. L. 105–119, title I, § 115(a)(8)(C), Nov. 26, 1997, 111 Section 950w, added Pub. L. 109–366, § 3(a)(1), Oct. 17, Stat. 2466, as amended by Pub. L. 109–248, title I, § 141(i), 2006, 120 Stat. 2630, related to perjury, obstruction of July 27, 2006, 120 Stat. 604, provided that: justice, and contempt. ‘‘(i) The Secretary of Defense shall specify categories CHAPTER 48—MILITARY CORRECTIONAL of conduct punishable under the Uniform Code of Mili- FACILITIES tary Justice which are sex offenses as that term is de- fined in the Sex Offender Registration and Notification Sec. Act [42 U.S.C. 16901 et seq.], and such other conduct as 951. Establishment; organization; administration. the Secretary deems appropriate for inclusion for pur- 952. Parole. poses of this subparagraph. 953. Remission or suspension of sentence; restora- ‘‘(ii) In relation to persons sentenced by a court mar- tion to duty; reenlistment. tial for conduct in the categories specified under clause 954. Voluntary extension; probation. (i), the Secretary shall prescribe procedures and imple- 955. Prisoners transferred to or from foreign coun- ment a system to— tries. ‘‘(I) provide notice concerning the release from con- 956. Deserters, prisoners, members absent without finement or sentencing of such persons; leave: expenses and rewards. ‘‘(II) inform such persons concerning registration AMENDMENTS obligations; and ‘‘(III) track and ensure compliance with registra- 1984—Pub. L. 98–525, title XIV, § 1401(b)(2), Oct. 19, tion requirements by such persons during any period 1984, 98 Stat. 2615, added item 956. of parole, probation, or other conditional release or 1980—Pub. L. 96–513, title V, § 511(26), Dec. 13, 1980, 94 supervision related to the offense. Stat. 2922, added item 955. ‘‘(iii) The procedures and requirements established by the Secretary under this subparagraph shall, to the § 951. Establishment; organization; administra- maximum extent practicable, be consistent with those tion specified for Federal offenders under the Sex Offender (a) The Secretaries concerned may provide for Registration and Notification Act. the establishment of such military correctional ‘‘(iv) If a person within the scope of this subpara- graph is confined in a facility under the control of the facilities as are necessary for the confinement of Bureau of Prisons at the time of release, the Bureau of offenders against chapter 47 of this title. Prisons shall provide notice of release and inform the (b) The Secretary concerned shall— person concerning registration obligations under the (1) designate an officer for each armed force procedures specified in section 4042(c) of title 18, United under his jurisdiction to administer military States Code.’’