-CITE-


    10 USC Sec. 906                                             01/03/2012 (112-90)

-EXPCITE-


    TITLE 10 - ARMED FORCES


    Subtitle A - General Military Law


    PART II - PERSONNEL


    CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE


    SUBCHAPTER X - PUNITIVE ARTICLES

-HEAD-


    Sec. 906. Art. 106. Spies

-STATUTE-


      Any person who in time of war is found lurking as a spy or acting


    as a spy in or about any place, vessel, or aircraft, within the


    control or jurisdiction of any of the armed forces, or in or about


    any shipyard, any manufacturing or industrial plant, or any other


    place or institution engaged in work in aid of the prosecution of


    the war by the United States, or elsewhere, shall be tried by a


    general court-martial or by a military commission and on conviction


    shall be punished by death. This section does not apply to a


    military commission established under chapter 47A of this title.

-SOURCE-


    (Aug. 10, 1956, ch. 1041, 70A Stat. 71; Pub. L. 109-366, Sec.


    4(a)(2), Oct. 17, 2006, 120 Stat. 2631.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   


    --------------------------------------------------------------------


     Revised         Source (U.S. Code)           Source (Statutes at   


     section                                             Large)         


    --------------------------------------------------------------------


    906          50:700.                       May 5, 1950, ch. 169,    


                                                Sec. 1 (Art. 106), 64   


                                                Stat. 138.              


    --------------------------------------------------------------------

      The words "of the United States" are omitted as surplusage.

                                AMENDMENTS                            


      2006 - Pub. L. 109-366 inserted last sentence.

-EXEC-


       PROCLAMATION NO. 2561. ENEMIES DENIED ACCESS TO UNITED STATES


                                  COURTS


      Proc. No. 2561, July 2, 1942, 7 F.R. 5101, 56 Stat. 1964,


    provided:


      Whereas the safety of the United States demands that all enemies


    who have entered upon the territory of the United States as part of


    an invasion or predatory incursion, or who have entered in order to


    commit sabotage, espionage or other hostile or warlike acts, should


    be promptly tried in accordance with the law of war;


      Now, therefore, I, Franklin D. Roosevelt, President of the United


    States of America and Commander in Chief of the Army and Navy of


    the United States, by virtue of the authority vested in me by the


    Constitution and the statutes of the United States, do hereby


    proclaim that all persons who are subjects, citizens or residents


    of any nation at war with the United States or who give obedience


    to or act under the direction of any such nation, and who during


    time of war enter or attempt to enter the United States or any


    territory or possession thereof, through coastal or boundary


    defenses, and are charged with committing or attempting or


    preparing to commit sabotage, espionage, hostile or warlike acts,


    or violations of the law of war, shall be subject to the law of war


    and to the jurisdiction of military tribunals; and that such


    persons shall not be privileged to seek any remedy or maintain any


    proceeding directly or indirectly, or to have any such remedy or


    proceeding sought on their behalf, in the courts of the United


    States, or of its States, territories, and possessions, except


    under such regulations as the Attorney General, with the approval


    of the Secretary of War, may from time to time prescribe.