N.Y. Military Law 130.95 – Misbehavior before the enemy
§ 130.95. Misbehavior before the enemy. Any person subject to this code who before or in the presence of the enemy–
Terms Used In N.Y. Military Law 130.95
- Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
(2) "Officer" means a commissioned officer including a commissioned warrant officer;
(3) "Superior officer" means an officer superior in rank or command;
(4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
(5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
(6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
(7) "Military court" means a court-martial, a court of inquiry, a provost court;
(8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
(1) runs away; or
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; or
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; or
(4) casts away his arms or ammunition; or
(5) is guilty of cowardly conduct; or
(6) quits his place of duty to plunder or pillage; or
(7) causes false alarms in any command, unit, or place under control of the armed forces of the United States or the organized militia; or
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, or to any other state or to the organized militia when engaged in battle; shall be punished as a court-martial may direct.