PRIA, Government Policy, Made Personal

Summary

Anyone under military law who frees a prisoner without permission, or who lets a prisoner escape by carelessness or on purpose, can be punished by a military court, even if the prisoner was lawfully held. Anyone under military law who illegally drinks alcohol with a prisoner can also be punished by a military court.

Title 10, §896

Armed Forces, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 89650:690.May 5, 1950, ch. 169, § 1 (Art. 96), 64 Stat. 136. 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 AmendmentAmendment 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.

§896 Art. 96. Release of Prisoner Without Authority; Drinking with Prisoner