10 U.S.C. § 897
Art. 97. Unlawful detention
Any person subject to this chapter who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
Notes of Decisions
Cited in 24
cases (10 in the last 5 years), 1960–2026 · leading case: United States v. New, 55 M.J. 95 (C.A.A.F. 2001).
United States v. New, 55 M.J. 95 (C.A.A.F. 2001). “See Article 97, UCMJ, 10 USC § 897 (”except as provided by law”); cf.”
United States v. Johanns, 17 M.J. 862 (1983). “, Article 97, 10 U.S.C. § 897 ; (7) forgery other than for the purpose of obtaining payment of a claim against the United States, see Navy Courts and Boards, section 102, and U.”
United States v. Picotte, 12 C.M.A. 196 (1961). “To the contrary, the defense contends that Article 97 of the Code, 10 USC § 897 , is the controlling statute.”
United States v. Hardy, 11 C.M.A. 487 (1960). “The author of the principal opinion concludes that a violation of Uniform Code of Military Justice, Article 97, 10 USC § 897 , may be committed by any person who unlawfully detains another and that the charges in this cause are completely separate for the purpose of determining…”
United States v. Jackson, 17 C.M.A. 580 (1968). “Defense counsel maintained that since kidnaping is not listed in the Table of Maximum Punishments, the punishment for the offense was limited to that for unlawful detention, in violation of Article 97, Code, supra, 10 USC § 897 , which is specified in the Table and carries a…”
United States v. Lord, 13 C.M.A. 78 (1962). “10">For the reasons set forth in my separate opinions in United States v Hardy, 11 USCMA 487 , 29 CMR 303 , and United States v Picotte, 12 USCMA 196 , 30 CMR 196 , I am unable to agree that this accused committed the offense of unlawful confinement, in violation of Uniform Code…”
United States v. Charlton, 18 C.M.A. 141 (1969). “I believe this activity, standing alone, comes within the purview of Article 97, Code, supra, 10 USC § 897 , which states: “Art. 97. Unlawful detention.”
United States v. Cuevas-Ovalle, 6 M.J. 909 (1979). “Unlawful detention, a violation of Article 97, UCMJ, 10 U.S.C. § 897 , would not be a lesser included offense here as the appellant was not acting under any color of authority.”
United States v. Harkcom, 12 C.M.A. 257 (1961). “The defense asserts first that Article 97, Uniform Code of Military Jus-tice, 10 USC § 897 , proscribes this misconduct and therefore the court was permitted to consider an erroneous theory that the New Jersey statute which proscribes forcible kidnaping (New Jersey Statutes…”
United States v. Gregory, 21 M.J. 922 (1986). “§ 893 , 97, 10 U.S.C. § 897 , 98, 10 U.S.C. § 898 , 128, 10 U.”
United States v. Sergeant, 5 M.J. 784 (1978). “§ 890 ; four specifications of unlawful confinement in violation of Article 97, UCMJ, 10 U.S.C. § 897 ; and six specifications of threatening to kill and one specification of wrongful discharge of a firearm all in violation of Article 134, UCMJ, 10 U.”
United States v. Sellars, 5 M.J. 808 (1977). “Picotte, supra, even though both the Uniform Code of Military Justice- (Article 97, 10 U.S.C. § 897 ) and the United States Code (Section 1201, Title 18) contain a kidnapping or related provision.”
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