Misbehavior before the enemy or any hostile force.

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(1) Any person subject to this code shall be punished by confinement of not more than ten years or such other punishment as a court-martial directs when he or she, before or in the presence of the enemy or any hostile force:

  1. Runs away;

  2. Abandons, surrenders, or delivers up any command, unit, place, or military propertywhich it is his or her duty to defend;

  3. Through disobedience, neglect, or intentional misconduct, endangers the safety ofany such command, unit, place, or military property;

  4. Casts away his or her arms or ammunition;

  5. Is guilty of cowardly conduct;

  6. Quits his or her place of duty to plunder or pillage;

  7. Causes false alarms in any command, unit, or place under control of the armed forcesof the United States or the state military forces;

  8. Willfully fails to do his or her utmost to encounter, engage, capture, or destroy anyenemy troops, hostile forces, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy; or

  9. Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies or the state or to any other state, when engaged in battle.

Source: L. 83: Entire article added, p. 1188, § 1, effective June 10. L. 2002: IP(1), (1)(b), (1)(d), (1)(f), and (1)(h) amended, p. 618, § 110, effective May 24. L. 2018: IP(1) amended, (SB 18-135), ch. 95, p. 749, § 25, effective April 2.


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