Article 103b UCMJ Attempting to Aid the Enemy

Note: This law applies only to Article 103b UCMJ Attempting to Aid the Enemy offenses committed on and after 1 January 2019.

What is Article 103b UCMJ Attempting to Aid the Enemy?

Article 103b of the UCMJ, attempting to aid the enemy, is a grave offense involving actions intended to assist hostile forces against the United States. This can include providing information, supplies, or any support that could benefit the enemy. The consequences for those convicted under this article are severe, ranging from dishonorable discharge to significant periods of confinement and forfeiture of pay.

Accused individuals must seek the best military defense lawyers to navigate the intricate legal landscape of court-martial proceedings. Engaging experienced court-martial lawyers is crucial due to the complex nature of military law and the high stakes involved. A seasoned defense team can meticulously review evidence, identify procedural errors, and build a robust defense to protect the accused’s rights and future.

The penalties for attempting to aid the enemy are stringent, reflecting the serious nature of the offense. For offenses committed from January 1, 2019, the maximum punishment includes up to one year of confinement, dishonorable discharge, and total forfeiture of pay.

Note: The maximum and minimum punishments for Article 103b UCMJ Attempting to Aid the Enemy vary depending on the date of the offense.

What are the Elements of Article 103b UCMJ Attempting to Aid the Enemy?

1. That (state the time and place alleged), the accused did a certain act, namely: (state the manner in which the giving of aid was allegedly attempted);
2. That (state the name or description of the enemy who purportedly was to receive the aid) was an enemy;
3. That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money or other things;
4. That the act amounted to more than mere preparation; that is, it was a direct movement toward the offense of aiding the enemy; and
5. That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money or other things; that is, the act apparently would have resulted in the actual commission of the offense of aiding the enemy except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (__________) which prevented the completion of the offense).

What are the Article 103b UCMJ Offenses for Aiding the Enemy:

• Article 103b UCMJ Aiding the Enemy – Furnishing Arms or Ammunition
• Article 103b UCMJ Attempting to Aid the Enemy
• Article 103b UCMJ Harboring or Protecting the Enemy
• Article 103b UCMJ Giving Intelligence to the Enemy
• Article 103b UCMJ Communicating with the Enemy

What are the Maximum Punishments for Article 103b UCMJ Attempting to Aid the Enemy?

For offenses committed between 1 January 2019 and 27 December 2023:

• Death or other lawful punishment
• Dishonorable Discharge, Bad Conduct Discharge, Dismissal
• Total Forfeitures
• Reduction to E-1

For offenses committed after 27 December 2023

• The military judge shall consider the following sentencing criteria when sentencing for Article 103b UCMJ:
  • The age and experience of the accused;
  • Any mental impairment or deficiency of the accused;
  • Whether the accused abused a position of trust or authority, or used specialized skill or training, in a manner that significantly facilitated the offense;
  • Whether the offense disrupted or, in any way, impacted the operations of any organization;
  • Whether the accused intended to cause damage to national security;
  • Whether the offense caused damage to the national security of the United States, regardless of whether the accused intended such damage;
  • Whether the offense involved the conscious or reckless disregard of a risk of death or serious bodily harm to any person;
  • Whether the offense involved possession of a dangerous weapon;
  • Whether the offense was committed in a way or under circumstances that unlawfully and substantially endangered the life of one or more persons; and
  • Whether the offense was committed in territory in which the United States or an ally of the United States was then an occupying power or in which the United States Armed Forces were then engaged in a contingency operation or active hostilities.
• Dishonorable Discharge, Bad Conduct Discharge, Dismissal
• Total Forfeitures
• Reduction to E-1

Combined UCMJ Maximum Punishment Charts

• Maximum Punishments for UCMJ Offenses 2024: Combined UCMJ Punishments Chart
• UCMJ Lesser Included Offenses Chart 2024 UCMJ

Sample Specification for Article 103b UCMJ Attempting to Aid the Enemy

In that, PO Julia Stevens, US Navy, did, at or near Sasebo, Japan, on or about 3 August 2024, attempt to aid the enemy with money by furnishing and delivering $1,000,000 in US currency to members of the enemy’s armed forces of China.

Model Specification for Article 103b UCMJ Attempting to Aid the Enemy

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about _________, attempt to aid the enemy with (arms) (ammunition) (supplies) (money) (__________), by (furnishing and delivering to _________, members of the enemy’s armed forces __________) (__________).

What are the Definitions for Article 103b UCMJ Attempting to Aid the Enemy?

Proof that the offense of aiding the enemy actually occurred or was completed is not required.

To “aid the enemy” means to furnish it with (arms) (ammunition) (supplies) (money)  (__________), (whether or not the articles furnished were needed by the enemy) (and) (whether or not the transaction was a sale or a donation).

“Enemy” includes organized opposing forces in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.

Background of Article 103b UCMJ Attempting to Aid the Enemy

Article 103b of the Uniform Code of Military Justice (UCMJ) deals with the offense of attempting to aid the enemy. This article is part of the broader set of regulations designed to ensure the security and integrity of the United States Armed Forces. It is crucial in maintaining the trust and discipline required within the military, particularly during conflict.

Basics of Article 103b UCMJ Attempting to Aid the Enemy

To secure a conviction under Article 103b, the prosecution must prove the following elements beyond a reasonable doubt:

• Intent: The accused must have had the intent to aid the enemy.
• Act: The accused must have taken a substantial step towards aiding the enemy. This can include attempting to convey information, providing supplies, or any other act that would benefit the enemy.
• Enemy: The aid must be directed towards an entity defined as the enemy of the United States, whether it be a nation, organization, or individual engaged in hostilities against the U.S.

Collateral Consequences of Article 103b UCMJ Attempting to Aid the Enemy Conviction

A conviction for attempting to aid the enemy can have numerous collateral consequences, including:

• Loss of Benefits: Loss of military benefits, including retirement pay, VA benefits, and healthcare.
• Civilian Employment: Significant difficulty obtaining civilian employment due to the nature of the conviction.
• Reputation Damage: Substantial damage to personal and professional reputation.
• Civil Liability: Potential civil lawsuits from parties affected by the accused’s actions.

Purpose of Article 103b UCMJ Attempting to Aid the Enemy

The primary purpose of Article 103b is to protect the security and operational integrity of the United States Armed Forces. By criminalizing the act of attempting to aid the enemy, the military aims to:

• Prevent Espionage and Treason: Deter actions that could provide the enemy with valuable information or resources.
• Maintain Trust: Ensure service members can trust one another to uphold their duty to the nation.
• Promote Discipline: Foster a disciplined environment where the chain of command and military objectives are respected.
• Protect National Security: Safeguard sensitive information and resources critical to national security.

If you are suspected or accused of Article 103b UCMJ Attempting to Aid the Enemy, speak with one of our experienced military court martial lawyers to discuss your case.