10 U.S.C. § 906a

Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button

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Any person subject to this chapter—(1) who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and(2) who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing;shall be punished as a court-martial may direct.(Added Pub. L. 114–328, div. E, title LX, § 5418, Dec. 23, 2016, 130 Stat. 2945.)Editorial NotesPrior Provisions

A prior section 906a was renumbered section 903a of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section 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 15 cases, 1988–2018 · leading case: Thompson v. Oklahoma, 487 U.S. 815 (1988).
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “[1] See 10 U. S. C. § 906a (peacetime espionage); 10 U.”
Loving v. United States, 517 U.S. 748 (1996). · cites it 2× “In 1985, Congress enacted Article 106a of the UCMJ, 10 U. S. C. § 906a, which authorized the death penalty for espionage.”
United States v. Loving, 41 M.J. 213 (C.A.A.F. 1994). “106a(b) and (c), Uniform Code of Military Justice, 10 USC § 906a(b) and (c) (procedures required by Congress for imposition of death penalty for espionage in violation of Article 106a(a)).”
United States v. Curtis, 28 M.J. 1074 (1989). · cites it 4× “634 , which amended the Uniform Code of Military Justice by establishing espionage as a capital offense under Article 106a, UCMJ, 10 U.S.C. § 906a. This article creates certain aggravating factors which the members must unanimously find beyond a reasonable doubt in order to…”
Jose Gubiensio-Ortiz v. Al Kanahele, Warden, Metro. Corr. Ctr., San Diego, California, United States of Am. v. Raul Chavez-Sanchez, 857 F.2d 1245 (9th Cir. 1988). “Against this background, the Justice Department advised the Commission that it had the authority to establish guidelines and procedures for imposing the death penalty for a broad range of criminal offenses, and encouraged the Commission to do so.”
United States v. Allen, 31 M.J. 572 (1990). “§ 892 , two specifications under Charge II alleging espionage activity on behalf of the Philippine Government in violation of Article 106a, UCMJ, 10 U.S.C. § 906a, and one specification under Charge III alleging violation of the Federal espionage statute, 18 U.”
United States v. Lonetree, 35 M.J. 396 (1992). “Specifically, the general court-martial found Lonetree guilty of three offenses under Article 81 of the Uniform Code of Military Justice, 10 USC § 881 ; four offenses under Article 92, UCMJ, 10 USC § 892 ; five offenses under Article 134, UCMJ, 10 USC § 934 ; and one offense…”
United States v. Anzalone, 43 M.J. 322 (C.A.A.F. 1995). “Solicitations under Article 134, Uniform Code of Military Justice, 10 USC § 934 , are limited to 5 years’ confinement, except for solicitation to commit espionage in violation of Article 106a, UCMJ, 10 USC § 906a, which carries confinement for life.”
United States v. Lonetree, 31 M.J. 849 (1990). “§ 934 , offenses; and one Article 106a, UCMJ, 10 U.S.C. § 906a, offense. . “Closed Session: If counsel for all parties, the military judge, and the members have received appropriate security clearances, the military judge may exclude the public during that por *853 tion of the…”
United States v. Herd, 29 M.J. 702 (1989). “106a and 110, 10 U.S.C. §§ 906a, 910. . Id., arts. 85, 90, and 113.”
United States v. Anzalone, 41 M.J. 142 (1994). “106a, 10 USC § 906a, Espionage (communication, delivery, or transmittal of certain material to foreign agents “with intent or reason to believe that” it would “be used” to injure the United States, “or attempts to” do so); Art.”
United States v. Allen, 28 M.J. 610 (1989). “§ 892 , two specifications alleging espionage activity in violation of Article 106a, UCMJ, 10 U.S.C. § 906a, and one specification of violating the federal espionage statute of 18 U.”
— 10 U.S.C. § 906a(b) — 1 case
United States v. Loving, 41 M.J. 213 (C.A.A.F. 1994). “106a(b) and (c), Uniform Code of Military Justice, 10 USC § 906a(b) and (c) (procedures required by Congress for imposition of death penalty for espionage in violation of Article 106a(a)).”
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