Ill. Admin. Code tit. 95 § 400.1100

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.1100 - Military Offenses

a) This Subpart J outlines the military offenses, also referred to as Punitive Articles, for which charges can be brought under the Code and this Manual.

b) Directory of Military Offenses

SUBSECTION OF SECTION 400.1100	MILITARY OFFENSE/ PUNITIVE ARTICLE	CODE SECTION [ 20 ILCS 1807 ]
(c)(1)	Accessory After the Fact	78
(c)(2)	Conviction of Lesser Included Offense	79
(c)(3)	Attempts	80
(c)(4)	Conspiracy	81
(c)(5)	Solicitation	82
(c)(6)	Fraudulent Enlistment, Appointment or Separation	83
(c)(7)	Unlawful Enlistment, Appointment or Separation	84
(c)(8)	Desertion	85
(c)(9)	Absence Without Leave	86
(c)(10)	Missing Movement	87
(c)(11)	Contempt Toward Official	88
(c)(12)	Disrespect Toward Superior Commissioned Officer	89
(c)(13)	Assaulting or Willfully Disobeying Superior Commissioned Officer	90
(c)(14)	Insubordinate Conduct Toward a Warrant Officer, Noncommissioned Officer or Petty Officer	91
(c)(15)	Failure to Obey Order or Regulation	92
(c)(16)	Cruelty and Maltreatment	93
(c)(17)	Mutiny or Sedition	94
(c)(18)	Resistance, Flight, Breach of Arrest, and Escape	95
(c)(19)	Releasing Prisoner Without Proper Authority	96
(c)(20)	Unlawful Detention	97
(c)(21)	Noncompliance with Procedural Rules	98
(c)(22)	Misbehavior Before the Enemy	99
(c)(23)	Subordinate Compelling Surrender	100
(c)(24)	Improper Use of Countersign	101
(c)(25)	Forcing a Safeguard	102
(c)(26)	Captured or Abandoned Property	103
(c)(27)	Aiding the Enemy	104
(c)(28)	Misconduct as a Prisoner	105
(c)(29)	False Official Statement	107
(c)(30)	Military Property - Loss, Damage, Destruction or Wrongful Disposition	108
(c)(31)	Property Other Than Military Property - Waste, Spoilage or Destruction	109
(c)(32)	Improper Hazarding of Vessel	110
(c)(33)	Drunk on Duty	111
(c)(34)	Wrongful Use, Possession, Etc., of Controlled Substances	112a
(c)(35)	Misbehavior of Sentinel	113
(c)(36)	Dueling	114
(c)(37)	Malingering	115
(c)(38)	Riot or Breach of Peace	116
(c)(39)	Provoking Speeches or Gestures	117
(c)(40)	Frauds Against the Government	132
(c)(41)	Conduct Unbecoming an Officer and a Gentleman	133
(c)(42)	General Article	134

c) Military Offenses

1) Accessory After the Fact

Any person subject to the Code who, knowing that an offense punishable by the Code has been committed, receives, comforts or assists the offender in order to hinder or prevent his or her apprehension, trial or punishment shall be punished as a court-martial may direct. (Code Section 78)

2) Conviction of a Lesser Included Offense

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the charge. (Code Section 79)

3) Attempts

A)An act, done with specific intent to commit an offense under the Code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

B)Any person subject to the Code who attempts to commit any offense punishable by theCode shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

C)Any person subject totheCode may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. (Code Section 80)

4) Conspiracy

Any person subject tothe Code who conspires with any other person to commit an offense under the Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. (Code Section 81)

5) Solicitation

A)Any person subject totheCode who solicits or advises another or others to desert in violation of Code Section 85 or mutiny in violation of Code Section 94 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

B)Any person subject totheCode who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Code Section 99 or sedition in violation of Code Section 94 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct. (Code Section 82)

6) Fraudulent Enlistment, Appointment or Separation

Any person who procures his or her own enlistment or appointment in the SMF by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowance thereunder, or procures his or her own separation from the SMF by knowingly providing false representation or deliberate concealment as to his or her eligibility for that separation, shall be punished as a court-martial may direct. (Code Section 83)

7) Unlawful Enlistment, Appointment or Separation

Any person subject totheCode who effects an enlistment or appointment in or a separation from the SMF of any person who is known to him or her to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct. (Code Section 84)

8) Desertion

A)Any member of the SMF is guilty of desertion who:

i)without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away permanently;

ii)quits his or her unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

iii)without being regularly separated from one of the State military forces enlists or accepts an appointment in the same or another state military force, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States.

B)Any commissioned SMF officer who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away permanently is guilty of desertion.

C)Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than 10 years or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment as a court-martial may direct. (Code Section 85)

9) Absence Without Leave

Any person subject totheCode who, without authority,fails to go to his or her appointed place of duty at the time prescribed, goes from that place, or absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed, shall be punished as a court-martial may direct. (Code Section 86)

10) Missing Movement

Any person subject totheCode who, through neglect or design, misses the movement of a ship, aircraft or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct. (Code Section 87)

11) Contempt Toward Officials

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Illinois Governor orGeneral Assemblyshall be punished as a court-martial may direct. (Code Section 88)

12) Disrespect Toward a Superior Commissioned Officer

Any person subject totheCode who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct. (Code Section 89)

13) Assaulting or Willfully Disobeying a Superior Commissioned Officer

Any person subject totheCode whostrikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against his or her superior commissioned officer while that officer is in the execution of his or her office, or who willfully disobeys a lawful command of his or her superior commissioned officer, shall be punished, if the offense is committed in a time of war, by confinement of not more than 10 years or such other punishment as a court-martial may direct. If the offense is committed at any other time, the punishment shall be as a court-martial may direct. (Code Section 90)

14) Insubordinate Conduct Toward a Warrant Officer, Noncommissioned Officer, or Petty Officer

Any warrant officer or enlisted member who commits any of the following offenses shall be punished as a court-martial may direct:

A)strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his or her office;

B)willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or

C)treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer, while that officer is in execution of his or her office. (Code Section 91)

15) Failure to Obey Order or Regulation

Any person subject totheCode who commits any of the following offenses shall be punished as a court-martial may direct:

A)violates or fails to obey any lawful general order or regulation;

B)having knowledge of any other lawful order issued by an SMF member that it is his or her duty to obey, fails to obey the order; or

C)is derelict in the performance of his or her duties. (Code Section 92)

16) Cruelty and Maltreatment

Any person subject totheCode who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct. (Code Section 93)

17) Mutiny or Sedition

A) Offenses Defined

i) Mutiny. Any person subject totheCode who,with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.

ii) Sedition. Any person subject totheCode who,with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition;or

iii) Failure to Suppress or Report a Mutiny or Sedition. Any person subject to theCode whofails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition that he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

B)A person who is found guilty of committing or attempting to commit an offense defined in subsection (c)(17) shall be punished as a court-martial may direct. (Code Section 94)

18) Resistance, Flight, Breach of Arrest and Escape

Any person subject tothe Code who commits any of the following shall be punished as a court-martial may direct:

A)resists apprehension;

B)flees from apprehension;

C)breaks arrest; or

D)escapes from custody or confinement. (Code Section 95)

19) Releasing Prisoner Without Proper Authority

Any person subject totheCode who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law. (Code Section 96)

20) Unlawful Detention

Any person subject totheCode who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a court-martial may direct. (Code Section 97)

21) Noncompliance with Procedural Rules

Any person subject totheCode who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under the Code, or knowingly and intentionally fails to enforce or comply with any provision of the Code regulating the proceedings before, during or after trial of an accused, shall be punished as a court-martial may direct. (Code Section 98)

22) Misbehavior Before the Enemy

Any person subject totheCode who, before or in the presence of the enemy, commits any of the following shall be punished as a court-martial may direct:

A)runs away;

B)shamefully abandons, surrenders or delivers up any command, unit, place or military property that it is his or her duty to defend;

C)through disobedience, neglect or intentional misconduct endangers the safety of any command, unit, place or military property;

D)casts away his or her arms or ammunition;

E)is guilty of cowardly conduct;

F)quits his or her place of duty to plunder or pillage;

G)causes false alarms in any command, unit or place under control of the armed forces of the United States or the SMF;

H)willfully fails to do his or her utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft, or any other thing that it is his or her duty to encounter, engage, capture or destroy; or

I)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 its allies, to the State, or to any other state, when engaged in battle. (Code Section 99)

23) Subordinate Compelling Surrender

Any person subject totheCode who compels or attempts to compel the commander of the military forces of this State or of any other state, place, vessel, aircraft or other military property, or of any body of members of the armed forces to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct. (Code Section 100)

24) Improper Use of Countersign

Any person subject to the Code who in time of war discloses the parole (i.e., watchword) or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct. (Code Section 101)

25) Forcing a Safeguard

Any person subject totheCode who forces a safeguard shall be punished as a court-martial may direct. (Code Section 102)

26) Captured or Abandoned Property

A)All persons subject totheCode shall secure all public property taken for the service of the United States or the State, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.

B)Any person subject to the Code shall be punished as a court-martial may direct who:

i)fails to carry out the duties prescribed in subsection (c)(26)(A);

ii)buys, sells, trades or in any way deals in or disposes of taken, captured or abandoned property, whereby he or she receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or

iii)engages in looting or pillaging. (Code Section 103)

27) Aiding the Enemy

Any person subject totheCode shall be punished as a court-martial may direct who:

A)aids, or attempts to aid, the enemy with arms, ammunition, supplies, money or other things; or

B)without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly. (Code Section 104)

28) Misconduct as a Prisoner

Any person subject totheCode shall be punished as a court-martial may direct who, while in the hands of the enemy in time of war:

A)for the purpose of securing favorable treatment by his or her captors, acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

B)while in a position of authority over other military or civilian prisoners, maltreats them without justifiable cause. (Code Section 105)

29) False Official Statements

Any person subject totheCode who, with intent to deceive, signs any false record, return, regulation, order or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct. (Code Section 107)

30) Military Property - Loss, Damage, Destruction or Wrongful Disposition

Any person subject totheCode who, without proper authority, sells or otherwise disposes of,willfully or through neglect damages, destroys or loses, or willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of, any military property of the United States or of any state shall be punished as a court-martial may direct. (Code Section 108)

31) Property Other Than Military Property - Waste, Spoliation or Destruction

Any person subject to the Code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the State of Illinois,the United States, or any other state shall be punished as a court-martial may direct. (Code Section 109)

32) Improper Hazarding of Vessel

A)Any person subject totheCode who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces ofthe State of Illinois, the United States, or any other state shall suffer such punishment as a court-martial may direct.

B)Any person subject totheCode who negligently hazards or suffers to be hazarded any vessel of the armed forces of the State of Illinois, the United States, or any other state shall be punished as a court-martial may direct. (Code Section 110)

33) Drunk on Duty

Any person subject to the Code, other than a sentinel or look-out (see subsection (c)(35)), who is found drunk on duty shall be punished as a court-martial may direct. (Code Section 112)

34) Wrongful Use, Possession, Etc., of Controlled Substances

A)Any person subject totheCode who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces of the United States or of any state military forces a substance described in subsection (c)(34)(B) shall be punished as a court-martial may direct.

B)The substances referred to in subsection (c)(34)(A) are the following:

i)Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana, and any compound or derivative of any of these substances.

ii)Any substance not specified in subsection (c)(34)(B)(i) that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces of the United States.

iii)Any other substance not specified in subsection (c)(34)(B)(i) or contained on a list prescribed by the President under subsection (c)(34)(B)(ii) that is a Schedule I through V substance under Article 202 of the federal Controlled Substances Act. (Code Section 112A)

35) Misbehavior of a Sentinel

Any sentinel or look-out who is found drunk or sleeping at his or her post, or leaves it before being regularly relieved, shall be punished, if the offense is committed in time of war, by confinementof not more than 10 years or other punishment as a court-martial may direct. If the offense is committed at any other time, punishment shall be as a court-martial may direct. (Code Section 113)

36) Dueling

Any person subject totheCode who fights, promotes, is concerned in, or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct. (Code Section 114)

37) Malingering

Any person subject totheCode who, for the purpose of avoiding work, duty or service, feigns illness, physical disablement, mental lapse or derangement, or intentionally inflicts self-injury, shall be punished as a court-martial may direct. (Code Section 115)

38) Riot or Breach of Peace

Any person subject to the Code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. (Code Section 116)

39) Provoking Speeches or Gestures

Any person subject totheCode who uses provoking or reproachful words or gestures towards any other person subject to the Code shall be punished as a court-martial may direct. (Code Section 117)

40) Frauds Against the Government

Any person subject totheCode shall be punished as a court-martial may direct who:

A)knowing it to be false or fraudulent:

i)makes any claim against the United States, the State, or any officer of either; or

ii)presents to any person in the civil or military service, for approval or payment, any claim against the United States, the State, or any officer of either;

B)for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the State, or any officer of either:

i)makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;

ii)makes any oath, affirmation or certification to any fact or to any writing or other paper knowing the oath, affirmation or certification to be false; or

iii)forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

C)having charge, possession, custody or control of any money or other property of the United States or the State, furnished or intended for the armed forces of the United States or the SMF, knowingly delivers to any person having authority to receive it, any amount less than that for which he or she receives a certificate or receipt; or

D)being authorized to make or deliver any paper certifying the receipt of any property of the United States or the State, furnished or intended for the armed forces of the United States or the SMF, makes or delivers to any person that writing without having full knowledge of the truth of the statements in the writing and with intent to defraud the United States or this State. (Code Section 132)

41) Conduct Unbecoming an Officer and a Gentleman

Any commissioned officer, cadet, candidate or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. (Code Section 133)

42) General Article

Though not specifically mentioned intheCode, all disorders and neglects to the prejudice of good order and discipline in the SMF and all conduct of a nature to bring discredit upon the SMF shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, when a crime constitutes an offense that violates both the Code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with Code Section 2(b). (Code Section 134)

Ill. Admin. Code tit. 95, § 400.1100

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.