Misbehavior Before the Enemy

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Article 99. Misbehavior before the enemy.

A person subject to this code who, before or in the presence of the enemy: (1) runs away; (2) shamefully abandons, surrender or delivers up any command, unit, place or military property which it is such person's duty to defend; (3) through disobedience, neglect or intentional misconduct, endangers the safety of any such command, unit, place or military property; (4) casts away such person's arms or ammunition; (5) is guilty of cowardly conduct; (6) quits such person's place of duty to plunder or pillage; (7) causes false alarms in a command, unit or place under control of the armed forces of the United States or the state military forces; (8) willfully fails to do such person's utmost to encounter, engage, capture or destroy enemy troops, combatants, vessels, aircraft or any other thing which is such person's duty 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, to the commonwealth or to any other state when engaged in battle shall be punished as a court-martial may direct.


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