Article 103b UCMJ Communicating with the Enemy

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 103b UCMJ Communicating with the Enemy? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

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

What is Article 103b UCMJ Communicating with the Enemy?

Article 103b of the UCMJ addresses the offense of communicating with the enemy, a serious crime that involves unauthorized contact with hostile forces. This communication can take various forms, including providing information or engaging in correspondence that aids the enemy. Convictions for this offense carry severe penalties, including confinement, dishonorable discharge, and forfeiture of pay. Manual for Courts-Martial, United States (2024 ed.)

Anyone accused of this crime should seek the best military defense lawyers to navigate the complexities of court-martial proceedings. Skilled court-martial lawyers can craft a robust defense, protect the accused’s rights, and work toward a favorable outcome.

Engaging an experienced legal team like Gonzalez & Waddington is crucial for ensuring the defense strategy is comprehensive and effective, addressing every aspect of the case and mitigating potential penalties. The stakes in such cases are high, and the guidance of knowledgeable court-martial lawyers can make a significant difference in the outcome.

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

What are the Elements of Article 103b UCMJ Communicating with the Enemy?

That (state the time and place alleged), the accused without proper authority, knowingly communicated, corresponded, or held intercourse with (a) certain person(s), namely: (state the name or description of the enemy alleged to have received the communication, correspondence, etc.);
That the accused did so by (state the manner alleged);
That (state the name or description of the enemy alleged to have received the communication, correspondence, etc.) was an enemy; and
That the accused knew (he) (she) was communicating, corresponding, or holding intercourse with an enemy.

What are the Maximum Punishments for Article 103b UCMJ Communicating with the Enemy?

For Article 103b UCMJ Communicating with the Enemy 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 Article 103b UCMJ Communicating with the Enemy offenses committed after 27 December 2023

The military judge shall consider the following sentencing criteria when sentencing for Article 103b UCMJ Communicating with the Enemy:
- 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

Sample Specification for Article 103b UCMJ Communicating with the Enemy

In that General Randy Turncoat, US Army, did, at or near Berlin, Germany, on or about 7 July 2025, without proper authority, knowingly communicate with the enemy by writing and transmitting secretly through lines to one Stan Dumkopf whom he, the said General Randy Turncoat, knew to be an officer of the enemy’s armed forces, Russia, a communication in words and figures substantially as follows, to wit: “I will sell you the secrets” indirectly by publishing in Der Speigel, a newspaper published at 24 March 2024, a communication in words and figures as follows, to wit: “I will sell you the secrets,” which communication was intended to reach the enemy, Russia.

Model Specification for Article 103b UCMJ Communicating with the Enemy

In that ________ (personal jurisdiction data) did, (at/on board—location), on or about _______, without proper authority, knowingly (communicate with) (correspond with) (hold intercourse with) the enemy (by writing and transmitting secretly through 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) (__________).

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 Definitions for Article 103b UCMJ Communicating with the Enemy?

Communication, correspondence, or holding intercourse with the enemy does not necessarily mean a mutual exchange of communication. The law requires absolute non-intercourse, and any unauthorized communication, no matter its meaning or intent, is prohibited. This prohibition applies to any method of intercourse or communication and may be direct or indirect. The offense is complete when the communication leaves the accused, whether or not it reaches its destination.

“Enemy” includes organized opposing forces in times of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians and 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. Actual knowledge by the accused that he/she knowingly communicated, corresponded, or held intercourse with the enemy is required. That knowledge may be proved by circumstantial evidence.

Article 103b UCMJ Communicating with the Enemy Military Defense Lawyers

Background of Article 103b UCMJ Communicating with the Enemy

Article 103b of the Uniform Code of Military Justice (UCMJ) addresses the offense of communicating with the enemy. This article is part of the broader UCMJ framework, which governs the conduct of military personnel. Communicating with the enemy is considered a serious offense as it can jeopardize military operations, compromise national security, and endanger the lives of service members and civilians.

Basics of Article 103b UCMJ Communicating with the Enemy

To convict a service member under Article 103b for communicating with the enemy, the prosecution must prove the following elements beyond a reasonable doubt:

1. Communication: The accused communicated, corresponded, or held intercourse with the enemy.

2. Enemy Definition: The term “enemy” includes hostile forces, opposing belligerent forces, or any person or entity engaged in armed conflict against the United States or its allies.

3. Unauthorized Action: The communication, correspondence, or intercourse was unauthorized by competent military authority.

Collateral Consequences of a Article 103b UCMJ Communicating with the Enemy Conviction

A conviction under Article 103b carries significant collateral consequences, including:

•Loss of Military Benefits: Retirement pay, healthcare benefits, and other military entitlements.

•Employment Issues: Difficulty obtaining civilian employment, particularly in positions requiring security clearances or trust.

•Reputation Damage: Significant damage to personal and professional reputation.

•Civil Rights: Potential loss of certain civil rights, such as the right to vote or possess firearms, depending on the severity of the conviction.

•Civil Liability: Possibility of facing civil lawsuits for damages caused by unauthorized communication.

Purpose of Article 103b UCMJ Communicating with the Enemy

The primary purpose of Article 103b is to safeguard military operations and national security by:

•Preventing Espionage: Ensuring that sensitive information is not disclosed to enemy forces.

•Maintaining Operational Security: Protecting the integrity and confidentiality of military plans and operations.

•Protecting Lives: Reducing the risk to service members and civilians from unauthorized communication with the enemy.

•Upholding Discipline: Maintaining strict discipline and adherence to military protocols regarding interactions with hostile forces.

Article 103b UCMJ: Communicating with the Enemy is a critical provision designed to protect the security and effectiveness of military operations. It emphasizes the importance of authorized and controlled communication in a military context and imposes severe penalties for those who breach this trust. Understanding and adhering to the restrictions of this article are essential for all service members to maintain the integrity and security of their missions and to avoid the serious consequences of unauthorized communication with enemy forces.

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