Article 103b UCMJ Harboring or Protecting the Enemy

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

Elite Military Defense Lawyers

“Our military defense lawyers are among the most experienced and hard-hitting in the world. With an unparalleled track record, we provide aggressive, strategic defense tailored to each client’s unique situation. Trust us to fight relentlessly for your rights and deliver the best possible outcome.” (Michael Waddington, Military Defense Lawyer)

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

What is Article 103b UCMJ Harboring or Protecting the Enemy?

1. That (state the time and place alleged), the accused, without proper authority, harbored or protected (a) certain person(s), namely: (state the name or description of the enemy alleged to have been harbored or protected);
2. That the accused did so by (state the manner alleged);
3. That (state the name or description of the enemy alleged to have been harbored or protected) was an enemy; and
4. That the accused knew that the person so protected was an enemy.

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

What are the Elements of Article 103b UCMJ Harboring or Protecting the Enemy?

Article 103b of the UCMJ addresses harboring or protecting the enemy, a grave offense involving providing shelter, protection, or aid to enemy forces. This crime can lead to severe penalties, including dishonorable discharge, confinement, forfeiture of pay, and reduction in rank. The gravity of these allegations makes it essential to have strong legal representation. Manual for Courts-Martial, United States (2024 ed.)

Accused individuals should seek the best military defense lawyers to navigate the complexities of the military justice system. Skilled court-martial lawyers can provide a robust defense, ensuring the accused’s rights are protected and working towards a favorable outcome. By engaging experienced attorneys, individuals can better manage these serious charges’ legal challenges and potential consequences.

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 Harboring or Protecting the Enemy?

For Article 103b UCMJ Harboring or Protecting 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 Harboring or Protecting the Enemy 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 Harboring or Protecting the Enemy

In that SSgt John Rambone, US Air Force, did, at or near Warsaw, Poland, on or about 1 Jan 2025, without proper authority, knowingly harbor COL Spetznaz Muscovy, an enemy, by concealing the said COL Spetznaz Muscovy in his tent.

Model Specification for Article 103b UCMJ Harboring or Protecting the Enemy

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about  __________, without proper authority, knowingly (harbor) (protect) __________, an enemy, by (concealing the said __________ in his/her house) (__________).

What are the Definitions for Article 103b UCMJ Harboring or Protecting the Enemy?

An enemy is “harbored” or “protected” when, without proper authority, that enemy is shielded, either physically or by using any trick, aid, or representation, from an injury or mishap which, in the chance of war, may occur.

“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.

Article 103b UCMJ Harboring or Protecting the Enemy Military Defense Lawyers

Background of Article 103b UCMJ Harboring or Protecting the Enemy

Article 103b of the Uniform Code of Military Justice (UCMJ) addresses the offense of harboring or protecting the enemy. This article ensures that military personnel do not provide aid or comfort to enemy forces, which can undermine military operations and national security. The law reflects the serious nature of collaborating with the enemy during war or armed conflict.

Collateral Consequences of Article 103b UCMJ Harboring or Protecting the Enemy Conviction

A conviction under Article 103b UCMJ can lead to numerous collateral consequences, including:

• Loss of Military Benefits: The convicted individual will lose military benefits, including retirement pay, VA benefits, and healthcare.
• Civilian Employment Challenges: Finding civilian employment can be difficult due to the nature of the conviction and its serious implications.
• Loss of Civil Rights: Convicted individuals may lose certain civil rights, such as voting and owning firearms.
• Reputation Damage: The individual’s reputation will be significantly damaged, affecting personal and professional relationships.

Purpose of Article 103b UCMJ Harboring or Protecting the Enemy

The primary purpose of Article 103b is to maintain the integrity and security of military operations. By criminalizing actions that aid the enemy, the law aims to:

• Protect National Security: Ensure service members do not compromise national security by aiding hostile forces.
• Maintain Unit Cohesion: Foster trust and cooperation within military units by penalizing collaboration with the enemy.
• Deter Misconduct: Deter service members refrain from engaging in activities that could undermine military efforts and national defense.
• Uphold Military Discipline: Reinforce the standards of conduct required for effective military operations and readiness.

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