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Article 104 Offense

by in Manning Case

This is the Military Judges’ Benchbook instruction on the elements of the offense of Article 104.

AIDING THE ENEMY—GIVING INTELLIGENCE TO THE ENEMY (ARTICLE 104)

ELEMENTS:

(1) That (state the time and place alleged), the accused, without proper authority, knowingly gave intelligence information to (a) certain person(s), namely: (state the name or description of the enemy alleged to have received the intelligence information);

(2) That the accused did so by (state the manner alleged);

(3) That (state the name or description of the enemy alleged to have received the intelligence information) was an enemy; and

(4) That this intelligence information was true, at least in part.

d. DEFINITIONS AND OTHER INSTRUCTIONS:

“Intelligence” means any helpful information, given to and received by the enemy, which is true, at least in part.

“Enemy” includes (not only) organized opposing forces in time of war, (but also any other 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.)