2008 edition - Fort Sam Houston - U.S. Army

ishment as a court-martial may direct.
b. Elements.
(1) that a safeguard had been issued or posted for
the protection of a certain person or persons, place,
or property;
(2) That the accused knew or should have known
of the safeguard; and
(3) That the accused forced the safeguard.
c. Explanation.
( 1 ) S a f e g u a r d . A s a f e g u a r d i s a d e t a c h m e n t ,
guard, or detail posted by a commander for the protection
of persons, places, or property of the enemy,
or of a neutral affected by the relationship of belligerent
forces in their prosecution of war or during
circumstances amounting to a state of belligerency.
The term also includes a written order left by a
commander with an enemy subject or posted upon
enemy property for the protection of that person or
property. A safeguard is not a device adopted by a
belligerent to protect its own property or nationals or
to ensure order within its own forces, even if those
forces are in a theater of combat operations, and the
posting of guards or of off-limits signs does not
e s t a b l i s h a s a f e g u a r d u n l e s s a c o m m a n d e r t a k e s
those actions to protect enemy or neutral persons or
property. The effect of a safeguard is to pledge the
honor of the nation that the person or property shall
be respected by the national armed forces.
(2) Forcing a safeguard. “Forcing a safeguard”
means to perform an act or acts in violation of the
protection of the safeguard.
(3) Nature of offense. Any trespass on the protection
of the safeguard will constitute an offense under
this article, whether the safeguard was imposed in
time of war or in circumstances amounting to a state
of belligerency short of a formal state of war.
( 4 ) K n o w l e d g e . A c t u a l k n o w l e d g e o f t h e
safeguard is not required. It is sufficient if an accused
should have known of the existence of the
safeguard.
d. Lesser included offense. Article 80—attempts
e. Maximum punishment. Death or such other punishment
as a court-martial may direct.
f. Sample specification. In that (personal
jurisdiction data), did, (at/on board—location),
on or about 20 ,
force a safeguard, (known by him/her to have been
placed over the premises occupied by -
27.b.(3)(a)
at by (overwhelming the guard posted
for the protection of the same)
( )) ( ).
27. Article 103—Captured or abandoned
property
a. Text of statute.
(a) All persons subject to this chapter shall secure
all public property taken from the enemy
for the service of the United States, and shall give
n o t i c e a n d t u r n o v e r t o t h e p r o p e r a u t h o r i t y
without delay all captured or abandoned property
in their possession, custody, or control.
(b) Any person subject to this chapter who—
(1) fails to carry out the duties prescribed in
subsection ( a);
(2) buys, sells, trades, or in any way deals in
or disposes of captured or abandoned property,
whereby he receives or expects any profit, benefit,
or advantage to himself or another directly or
indirectly connected with himself; or
(3) engages in looting or pillaging; shall be
punished as a court-martial may direct.
b. Elements.
(1) Failing to secure public property taken from
the enemy.
(a) That certain public property was taken from
the enemy;
(b) That this property was of a certain value;
and
(c) That the accused failed to do what was reasonable
under the circumstances to secure this property
for the service of the United States.
(2) Failing to report and turn over captured or
abandoned property.
(a) That certain captured or abandoned public
or private property came into the possession, custody,
or control of the accused;
(b) That this property was of a certain value;
and
(c) That the accused failed to give notice of its
receipt and failed to turn over to proper authority,
without delay, the captured or abandoned public or
private property.
(3) Dealing in captured or abandoned property.
(a) That the accused bought, sold, traded, or
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