SUBCHAPTER 10.
Article #
77. Principals
78. Accessory after the fact
79. Conviction of lesser
included offense
80. Attempts
81. Conspiracy
82. Solicitation
83. Fraudulent enlistment,
appointment, or separation
84. Unlawful enlistment,
appointment, or separation
85. Desertion
86. Absence without leave
87. Missing movement
88. Contempt toward officials
88a. Violation of Star Fleet
directives
89. Disrespect toward
superior commissioned officer
90. Assaulting or willfully
disobeying superior commissioned officer
91. Insubordinate conduct
toward warrant officer, noncommissioned officer, or petty officer
92. Failure to obey order or
regulation
93. Cruelty and
maltreatment
94. Mutiny or sedition
95. Resistance, breach of
arrest, and escape
96. Releasing prisoner without
proper authority
97. Unlawful detention
98. Noncompliance with
procedural rules
99. Misbehavior before the
enemy
100. Subordinate compelling
surrender
101. Improper use of
countersign
102. Captured or abandoned
property
103. Aiding the enemy
104. Misconduct as prisoner
105. Spies
105a. Espionage
106. False official
statements
107. Military property of United
Federation of Planets--Loss, damage, destruction, or wrongful disposition
108. Property other than military
property of the United Federation of Planets-- Waste, spoilage, or destruction
109. Improper hazarding of
vessel
110. Drunk on duty
110a. Wrongful use,
possession, etc., of controlled substances
111. Misbehavior of sentinel
112. Dueling
113. Malingering
114. Riot or breach of peace
115. Provoking speeches or
gestures
116. Murder
117. Manslaughter
118. Rape and carnal knowledge
119. Larceny and wrongful
appropriation
120. Robbery
121. Forgery
122. Maiming
123. Arson
124. Extortion
125. Assault
126. Burglary
127. Housebreaking
128. Perjury
129. Frauds against the United
Federation of Planets
130. Conduct unbecoming an
officer and a gentleman
131. General Article
| Any person punishable under this document who-- |
| (1) commits an offense punishable by this document, or aids, abets, counsels, commands, or procures its commission or |
| (2) causes an act to be done which if directly performed by him would be punishable by this document, is a principal. |
ART. 78.
| Any person subject to this document who, knowing that an offense punishable by this document has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. |
ART. 79.
| An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. |
ART. 80.
| (a) An act, done with specific intent to commit an offense under this document, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. |
| (b) Any person subject to this document who attempts to commit any offense punishable by this document shall be punished as a court-martial may direct, unless otherwise specifically prescribed. |
| (c) Any person subject to this document may be convicted of an attempt to commit an offense even if the offense was actually committed. |
ART. 81.
| Any person subject to this document who conspires with any other person to commit an offense under this document shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. |
ART. 82.
| (a) Any person subject to this document who solicits or advises another or others to desert in violation of article 85 or mutiny in violation of article 94 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct. |
| (b) Any person subject to this document who solicits or advises another or others to commit an act or misbehavior before the enemy in violation of article 99 or sedition in violation of article 94 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct. |
ART. 83.
| Any person who-- (1) procures his own enlistment or appointment in Star Fleet by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances thereunder; or |
| (2) procures his own separation from Star Fleet by knowingly false representation or deliberate concealment as to his eligibility for that separation; |
| shall be punished as a court-martial may direct. |
ART. 84.
| Any person subject to this document who effects an enlistment or appointment in or a separation from Star Fleet of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. |
ART. 85.
| (a) Any member of Star Fleet who--
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of Star Fleet enlists or accepts an appointment in the same or another on of Star Fleet without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United Federation of Planets; is guilty of desertion. |
| (b) Any commissioned officer of Star Fleet who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. |
| (c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by life imprisonment or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment as a court-martial may direct. |
ART. 86.
| Any member of Star Fleet who, without
authority-- (1) fails to go to his appointed place of duty at the time prescribed; |
| (2) goes from that place; or |
| (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct. |
ART. 87.
| Any person subject to this document who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct. |
ART. 88.
| Any commissioned officer who uses contemptuous words against Star Fleet Command, the elected representatives, Governor or assembly of any Member World, Territory, or Protectorates of the United Federation of Planets, when he or she is on duty shall be punished as a court-martial may direct. |
ART. 88a.
| Any officer violates either knowingly, purposefully, or accidentally; any of the established directives, rules, regulations and/or guidelines of Star Fleet and the United Federation of Planets, it's Member Worlds, Territories, Protectorates; at any time shall be punished as a court-martial may direct. |
ART. 89.
| Any person subject to this document who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. |
ART. 90.
| Any person subject to this document who--
(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or |
| (2) willfully disobeys a lawful command of his superior commissioned officer; |
| shall be punished, if the offense is committed in time of war, by life imprisonment or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment as a court-martial may direct. |
ART. 91.
| Any warrant officer or enlisted member who--
(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office; |
| (2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or |
| (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office; |
| shall be punished as a court-martial may direct. |
ART. 92.
| Any person subject to this document who--
(1) violates or fails to obey any lawful general order or regulation; |
| (2) having knowledge of any other lawful order issued by any member of Star Fleet , which it is his duty to obey, fails to obey the order; or |
| (3) is derelict in the performance of his duties; |
| shall be punished as a court-martial may direct. |
ART. 93.
| Any person subject to this document who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct. |
ART. 94.
| (a) Any person subject to this document who--
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. |
| (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by life imprisonment or such other punishment as a court- martial may direct. |
ART. 95.
| Any person subject to this document who resists apprehension or breaks arrest or who escapes from custody shall be punished as a court-martial may direct. |
ART. 96.
| Any person subject to this document who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law. |
ART. 97.
| Any person subject to this document who, except as provided by law, arrests, or confines any person shall be punished as a court- martial may direct. |
ART. 98.
| Any person subject to this document who--
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this document; or |
| (2) knowingly and intentionally fails to enforce or comply with any provision of this document regulating the proceedings before, during, or after trial of an accused; |
| shall be punished as a court-martial may direct. |
ART. 99.
| Any person subject to this document who before
or in the presence of the enemy-- (1) runs away; |
| (2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; |
| (3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; |
| (4) casts away his weapon; |
| (5) is guilty of cowardly conduct; |
| (6) quits his place of duty to plunder or pillage; |
| (7) causes false alarms in any command, unit, or place under control of Star Fleet; |
| (8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or |
| (9) does not afford all practicable relief and assistance to any troops, combatants, or vessels belonging to the United Federation of Planets or their allies when engaged in battle; |
| shall be punished by imprisonment or such punishment as a court-martial may direct. |
ART. 100.
| Any person subject to this document who compels or attempts to compel the commander of any place, vessel, or Star Fleet property, or of any body of members of Star Fleet, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by imprisonment or such other punishment as a court-martial may direct. |
ART. 101.
| Any person subject to this document who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished by imprisonment or such other punishment as a court- martial may direct. |
ART. 102.
| (a) All persons subject to this document will secure all public property taken from the enemy for the use of the United Federation of Planets, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. |
| (b) Any person subject to this document who--
(1) fails to carry out the duties prescribed in subsection (a); (2) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or a advantage to himself or another directly or indirectly connected with himself; or (3) engages in looting or pillaging; |
| shall be punished as a court-martial may direct. |
ART. 103.
| Any person who-- (1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or |
| (2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; |
| shall suffer imprisonment or such other punishment as a court-martial or military commission may direct. |
ART 104.
| Any person subject to this document who, while in the hands of the enemy in time of war-- |
| (1) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or |
| (2) while in a position of authority over such persons maltreat them without justifiable cause, |
| shall be punished as a court-martial may direct. |
ART. 105.
| Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of Star Fleet , or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United Federation of Planets, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by life imprisonment. |
ART. 105a.
| (A) (1) Any person subject to this document who, with intent or reason to believe that it is to be used to the injury of the United Federation of Planets or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by life imprisonment or such other punishment as a court- martial may direct. (2) An entity referred to in paragraph (1) is-- (A) a foreign government; (B) a faction or party or military force within a foreign country, whether recognized or unrecognized by the United Federation of Planets (C) a representative, officer, agent, employee, subject, or citizen of such government, faction, party, or force. (3) A thing refereed to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance or information relating to the national defense. |
| (B) (1) No person may be sentenced by court-martial to suffer life imprisonment for an offense under this section (article) unless-- (A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and (B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c). (2) Findings under this subsection may be based on-- (A) evidence introduced on the issue of guilt or innocence; (B) evidence introduced during the sentencing proceeding; or (C) all such evidence. (3) The accused shall be given broad latitude to present matters in extenuation and mitigation. |
| (C) A sentence of life imprisonment may be
prescribed by a court-martial for an offense under this section (article) only if the
members unanimously find, beyond a reasonable doubt, one or more of the following
aggravating factors: (1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of imprisonment for life was authorized by statute. (2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security. (3) In the commission of the offense, the accused knowingly created a grave risk of death to another person. (4) Any other factor that may be prescribed by Star Fleet Command by regulations under Article 36. |
ART. 106.
| Any person subject to this document who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct. |
| Any person subject to this document who,
without proper authority-- (1) sells or otherwise disposes of; |
| (2) willfully ore through neglect damages, destroys, or loses; or |
| (3) willfully or through neglect suffers to be lost, damaged, sold, or wrongfully disposed of; |
| any military property of the United Federation of Planets, shall be punished as a court-martial may direct. |
| Any person subject to this document who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United Federation of Planets shall be punished as a court-martial may direct. |
ART 109.
| Any person subject to this document who willfully, negligently or wrongfully hazards or causes any series of events which leads any vessel of Star Fleet to be hazarded shall suffer such punishment as a court-martial may direct. |
ART. 110.
| Any person subject to this document other than a sentinel, look-out or guard who is found drunk on duty, shall be punished as a court-martial may direct. |
ART. 110a.
| Any person subject to this document who wrongfully uses, possesses, manufactures, distributes, imports into the established territory of, exports from the established territory of, or introduces into an installation, vessel, or vehicle, used by or under the control of the United Federation of Planets, any substance described or classified as a narcotic, has highly addictive and physically damaging properties, or is found to any of the above by a medical officer of the United Federation of Planets shall be punished as a court-martial may direct. |
ART. 111.
| Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by imprisonment or such other punishment as a court-martial may direct, by if the offense is committed at any other time, by such punishment as court-martial may direct. |
ART. 112.
| Any person subject to this document who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct. |
ART 113.
| Any person subject to this document who for the
purpose of avoiding work, duty, or service-- (1) feigns illness, physical disablement, mental lapse or derangement; or |
| (2) intentionally inflects self-injury; |
| shall be punished as a court-martial may direct. |
ART. 114.
| Any person subject to this document who causes or participates in any riot or breach of the peace shall be punished as a court- martial may direct. |
ART. 115.
| Any person subject to this document who uses provoking or reproachful words or gestures towards any other person subject to this document shall be punished as a court-martial may direct. |
ART. 116.
| Any person subject to this document whom
without justification or excuse, unlawfully kills a human being, when he- - (1) has a premeditated design to kill; |
| (2) intends to kill or inflict great bodily harm; |
| (3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or |
| (4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson; |
| is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer imprisonment for life or as a court-martial may direct. |
ART. 117.
| (a) Any person subject to this document who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct. |
| (b) Any person subject to this document who,
without an intent to kill or inflict great bodily harm, unlawfully kills a human being--
(1) by culpable negligence; or (2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of article 118, directly affecting the person; |
| is guilty of involuntary manslaughter and shall be punished as a court-martial may direct. |
ART. 118.
| (a) Any person subject to this document who commits an act of sexual intercourse, by force and without consent, is guilty of rape and shall be punished by such punishment as a court-martial may direct. |
| (b) Any person subject to this document who commits an act of sexual intercourse with anyone who has not attained the determined age of consent for that person's genetic race, is guilty of carnal knowledge and shall be punished as a court-martial may direct. |
| (c) Penetration, however slight, is sufficient to complete either of these offenses. |
ART. 119.
| (a) Any person subject to this document who
wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or
of any other person any money, personal property, or article of value of any kind--
(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his won use or the use of any person other than the owner, steals that property and is guilty of larceny; or (2) with intent to temporarily to deprive or defraud another person of the use and benefit of property or to appropriate to his own use the use of any person other than the owner, is guilty of wrongful appropriation. |
| (b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct. |
ART. 120.
| Any person subject to this document who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct. |
ART. 121.
| Any person subject to this document who, with
intent to defraud- - (1) falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or |
| (2) utters, offers, issues, or transfers such a writing, known by him to be so made or altered; |
| is guilty of forgery and shall be punished as a court-martial may direct. |
ART. 122.
| Any person subject to this document who, with
intent to injure, disfigure, or disable, inflicts upon the person of another an injury
which-- (1) seriously disfigures his person by a mutilation thereof; |
| (2) destroys or disables any member or organ of his body; or |
| (3) seriously diminishes his physical vigor by the injury of any member or organ; |
| is guilty of maiming and shall be punished as a court-martial may direct. |
ART. 123.
| (a) Any person subject to this document who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a human being, is guilty of aggravated arson and shall be punished as a court-martial may direct. |
| (b) Any person subject to this document who willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (a), is guilty of simple arson and shall be punished as a court-martial may direct. |
ART. 124.
| Any person subject to this document who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct. |
ART. 125.
| (a) Any person subject to this document who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct. |
| (b) Any person subject to this document who--
(1) commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or (2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon; |
| is guilty of aggravated assault and shall be punished as a court-martial may direct. |
ART. 126.
| Any person subject to this document who, with intent to commit an offense punishable under article 118-128, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct. |
ART. 127.
| Any person subject to this document who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct. |
ART. 128.
| Any person subject to this document who in a
judicial proceeding or in a course of justice willfully and corruptly-- (1) upon a lawful oath or in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or |
| (2) in any declaration, certificate, verification, or statement under penalty, subscribes any false statement material to the issue or matter of inquiry; |
| is guilty of perjury and shall be punished as a court-martial may direct. |
ART. 129.
| Any person subject to this document-- (1) who, knowing it to be false or fraudulent-- (A) makes any claim against the United Federation of Planets or any officer thereof; or (B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United Federation of Planets or any officer thereof; |
| (2) who, for the purpose of obtaining the
approval, allowance, or payment of any claim against the United Federation of Planets or
any officer thereof (A) makes or uses any writing or other paper knowing it to contain false or fraudulent statements; (B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or (C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited; |
| (3) who, having charge, possession, custody, or control of any money, or other property or the United Federation of Planets, furnished or intended for Star Fleet thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or |
| (4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United Federation of Planets furnished or intended for Star Fleet thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United Federation of Planets; |
| shall, upon conviction, be punished as a court-martial may direct. |
ART. 130.
| Any commissioned officer, cadet, or enlisted officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. |
ART. 131.
| Though not specifically mentioned in this document, all disorders and neglects to the prejudice of good order and discipline in Star Fleet , all conduct of a nature to bring discredit upon Star Fleet, and crimes and offenses not capital, of which persons subject to this document may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. |