Alaska Statutes 26.05.800 – Misbehavior before the enemy

(a) A member of the militia is guilty of misbehavior before the enemy if the member is before or in the presence of the enemy, or is facing a threat as described in Alaska Stat. § 26.05.070, and

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Terms Used In Alaska Statutes 26.05.800

confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
militia of the state: means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. See Alaska Statutes 26.05.990
property: includes real and personal property. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
unit: means a regularly organized body of the militia of the state not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them. See Alaska Statutes 26.05.990

(1) runs away;

(2) shamefully abandons, surrenders, or delivers up a command, unit, place, or military property that the member has a duty to defend;

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

(4) casts away the member’s arms or ammunition;

(5) engages in cowardly conduct;

(6) quits a place of duty to plunder or pillage;

(7) causes false alarms in a command, unit, or place under control of the armed forces of the United States or the militia of the state;

(8) wilfully fails to do the utmost to encounter, engage, capture, or destroy enemy troops, combatants, vessels, aircraft, or other thing that the member has a duty to encounter, engage, capture, or destroy; or

(9) does not afford all practicable relief and assistance to the troops, combatants, vessels, or aircraft of the armed forces of the United States or an ally of the United States, this state, or another state when engaged in battle.

(b) A member found guilty of misbehavior before the enemy under this section may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

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