Article 104 of the UCMJ states:
"Any person who
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) 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; shall suffer death or such other punishment as a court-martial or military commission may direct."
Elements.
(1) Aiding the enemy.
(a) That the accused aided the enemy; and
(b) That the accused did so with certain arms, ammunition, supplies, money, or other things.
(2) Attempting to aid the enemy.
(a) That the accused did a certain overt act;
(b) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money, or other things;
(c) That the act amounted to more than mere preparation; and
(d) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money, or other things.
(3) Harboring or protecting the enemy.
(a) That the accused, without proper authority, harbored or protected a person;
(b) That the person so harbored or protected was the enemy; and
(c) That the accused knew that the person so harbored or protected was an enemy.
(4) Giving intelligence to the enemy.
(a) That the accused, without proper authority, knowingly gave intelligence information to the enemy; and
(b) That the intelligence information was true, or implied the truth, at least in part.
(5) Communicating with the enemy.
(a) That the accused, without proper authority, communicated, corresponded, or held intercourse with the enemy, and;
(b) That the accused knew that the accused was communicating, corresponding, or holding intercourse with the enemy.
