10 U.S.C. § 896

Art. 96. Release of prisoner without authority; drinking with prisoner

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(a)Release of Prisoner Without Authority.—Any person subject to this chapter—(1) who, without authority to do so, releases a prisoner; or(2) who, through neglect or design, allows a prisoner to escape;shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.(b)Drinking With Prisoner.—Any person subject to this chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.(Aug. 10, 1956, ch. 1041, 70A Stat. 69; Pub. L. 114–328, div. E, title LX, § 5413, Dec. 23, 2016, 130 Stat. 2944.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
896	50:690.	May 5, 1950, ch. 169, § 1 (Art. 96), 64 Stat. 136.

The words “whether or not the prisoner was committed in strict compliance with law” are substituted for the word “duly”, to reflect the long standing construction expressed in the Manual for Courts-Martial, United States, 1951, par. 175a.

Editorial NotesAmendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter 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.”

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions

Cited in 6 cases, 1960–2008 · leading case: United States v. New, 55 M.J. 95 (C.A.A.F. 2001).

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United States v. New, 55 M.J. 95 (C.A.A.F. 2001). · cites it 2× “Article 96, UCMJ, 10 USC § 896 (prohibiting releasing prisoner without authority “whether or not the prisoner was committed in strict compliance with law.”

United States v. Felty, 12 M.J. 438 (1982). “Indeed, to release a prisoner without proper authority is a violation of Article 96, UCMJ, 10 U.S.C. § 896 ; see paras. 22 and 175, Manual, supra.”

United States v. Hardy, 11 C.M.A. 487 (1960). “Article 96, 10 USC § 896 , punishes releasing of prisoners without proper authority.”

United States v. Lillyblad, 56 M.J. 636 (N.M.C.C.A. 2001). “That admission suffices to sustain a guilty plea to violating Article 96, Uniform Code of Military Justice, 10 U.S.C. § 896 . See United States v. McDaniel, 52 M.”

United States v. Sergeant STACY N. SHERROD (A.C.C.A. 2008). “a special court- martial empowered to adjudge a bad-conduct discharge, by officer and enlisted members, of absence without leave, missing movement, disrespect toward a superior commissioned officer, and insubordinate conduct toward a non-commissioned officer (nine…”

People v. Shepherd, 179 Misc. 2d 171 (N.Y. Sup. Ct. 1998). “art 96 [ 10 USC § 896 ]); failure to obey (U.C.M.J.”

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