10 U.S.C. § 900
Art. 100. Subordinate compelling surrender
Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct.
Notes of Decisions
Cited in 3
cases, 1962–1983 · leading case: United States v. Thomas, 13 C.M.A. 278 (1962).
United States v. Thomas, 13 C.M.A. 278 (1962). “In this connection, the attention of the interested reader is invited to Tentative Draft No. 10, Model Penal Code of the American Law Institute, May 6, 1960, page 30, et seq.”
United States v. Gay, 16 M.J. 586 (1983). “Further, if the death penalty for the military offenses discussed above is abolished, the ability of the United States to successfully wage war will be greatly diminished when combat personnel perceive life imprisonment with the possibility of parole infinitely preferable to a…”
United States v. Marshall, 18 C.M.A. 426 (1969). “For example, Article 100, Code, supra, 10 USC § 900 , subjects to punishment any person who “compels or attempt to compel” surrender to the enemy; the model specification contains an allegation of an overt act.”
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