UCMJ – United States Code of Military Justice


10. Punitive Articles

Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the Unites States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death.

8 Comments for this entry

  • Edward J Cox

    I desire to understand within the context of the UCMJ what/who is considered a spy as described in article 106. The definition being crucial as I am trying to understand if a military member can also be a spy at the same time when performing a treasonous act. The recent case of the soldier who released the WIKI materials comes to mind.

    106 seemingly implies that simply being in or about one of the defined areas is sufficient grounds for trial. I am curious as to “as a spy or acting as a spy” being better defined. What constitutes a spy or acting as a spy in so far as actions, deeds, intent,etc.

    Edward J Cox
    Former Special AGent

    • Robert C. Laity

      The provision applies to “Any person”, military or civilian. Acting as a spy involves such activities as copying secret documents, taking pictures of classified documents, objects or weapons and the like and/or accessing such information without proper authority. Obama is a spy under the UCMJ. He is a usurper. We are currently in time of war, that makes him a spy each and every time he accesses military information or enters a military facility. He is unauthorized to do so by virtue of his being a usurper and fraud. He has NO legal right to be in any such place.

  • Paul

    @Edward J Cox, it means that spies are not members of our army. They conceal their real identity by wearing civilian clothes or enemy uniforms so that they could act like they are one of these groups (civilians or enemy soldiers), not their own army that the enemy is fighting, while going deep behind enemy lines. That makes the mission much more easier and successful but at the same time dangerous. They go into places occupied by the enemy in order to gather intelligence about the size and movement of the enemy while trying not to blow up their cover. Spies cons you into thinking you’re one of their comrades or innocent civilians while they go deep undercover in order to conduct a military operation behind your lines and can cause more damage to your side than ordinary fighting soldiers or even the generals by releasing information to their own army so that they could know what our movements are. It’s basically equivalent to treason (where citizens of that country is aiding another country) and spying is taken for granted that it is unwelcome and, in many cases illegal and punishable by law.

    Captured spies are already armed with the information about the enemy so in order to protect your secrets and your territory from the graves dangers of spying, the only way to silence spies is to kill them in order to discourage others not to follow the same path. That’s what this article meant. If you are ‘lurking as a spy’ behind enemy lines and is captured by enemy troops, you are not entitled to prisoner-of-war status and, like citizens convicted of treason, subject to trial and punishment. It’s not very nice to conduct a military operation while not wearing the uniform of your own army.

    Bradley Manning (not Chelsea Manning) is not a ‘lurking as a spy’ because he’s not the enemy but a member of the US Army who is sworn to defend our nation. Leaking classified information to the public means you are aiding the enemy with the information provided (which is espionage but Manning was not convicted of aiding the enemy in August 2013) and sworn to protect all secrets that might be helping the enemy (treason). Many considered them to be a traitor to the US as a result because leaking classified information might harm the defense of the US.

  • Robert C. Laity

    A person with the proper access,authority or clearance to be in the “Places” aforementioned is not “Lurking as a spy or acting as a spy” unless he/she is doing such things as the unauthorized taking of pictures of classified areas,copying classified materials with the intent of sharing the material with America’s enemies or in an effort to sabotage the war effort in time of war. Anyone,who owing allegiance to the United States,gives aid and comfort to America’s enemies is guilty of Treason. Obama,being a Usurper,one who has obtained the Office of the Presidency during time of war,by fraud,makes Obama a spy under this provision. Obama having taken an Oath to defend the Constitution owes allegiance to the United States. Obama is “Lurking” in places wherein the conduct of the war is engaged in without authorization. He is not the Bona-fide POTUS/CIC. See:
    18USC,Part 1,Chapter 115,Sec.2381 and “There is NO ‘President’ Obama”: http://www.thepostemail.com/09/17/2010/there-is-no-president-obama/

  • Jim Wade

    Where in the UCMJ is “TREASON” mentioned?

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