FEDERAL · 10 U.S.C. · Chapter 47
Art. 96. Release of prisoner without authority; drinking with prisoner
Current through Pub. L. 119-102
(a)Release of Prisoner Without Authority.—Any person subject to this chapter—
(1)who, without authority to do so, releases a prisoner; or
(2)who, through neglect or design, allows a prisoner to escape;
shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.
(b)Drinking With Prisoner.—Any person subject to this chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.
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Related
United States v. Felty
12 M.J. 438 (United States Court of Military Appeals, 1982)
United States v. New
55 M.J. 95 (Court of Appeals for the Armed Forces, 2001)
United States v. Hardy
11 C.M.A. 487 (United States Court of Military Appeals, 1960)
United States v. Lillyblad
56 M.J. 636 (Navy-Marine Corps Court of Criminal Appeals, 2001)
People v. Shepherd
179 Misc. 2d 171 (New York Supreme Court, 1998)
United States v. Sergeant STACY N. SHERROD
(Army Court of Criminal Appeals, 2008)
Source Credit
History
(Aug. 10, 1956, ch. 1041, 70A Stat. 69; Pub. L. 114–328, div. E, title LX, §5413, Dec. 23, 2016, 130 Stat. 2944.)
Editorial Notes
The words "whether or not the prisoner was committed in strict compliance with law" are substituted for the word "duly", to reflect the long standing construction expressed in the Manual for Courts-Martial, United States, 1951, par. 175a.
Editorial Notes
Amendments
2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "Any person subject to this chapter who, without proper authority, releases any prisoner committed to his 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."
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Editorial Notes
Amendments
2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "Any person subject to this chapter who, without proper authority, releases any prisoner committed to his 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."
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.