Section 130.95. Misbehavior before the enemy  


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