N.Y. Military Law Section 130.95
Misbehavior before the enemy

Any person subject to this code who before or in the presence of the enemy-- (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.

Source: Section 130.95 — Misbehavior before the enemy, https://www.­nysenate.­gov/legislation/laws/MIL/130.­95 (updated Sep. 22, 2014; accessed Jun. 21, 2025).

130.73
Principals 130.74
Accessory after the fact 130.75
Conviction of lesser included offense 130.76
Attempts 130.77
Conspiracy 130.78
Solicitation 130.79
Fraudulent enlistment, appointment, or separation 130.80
Unlawful enlistment, appointment, or separation 130.81
Desertion 130.82
Absence without leave 130.83
Missing movement 130.84
Contempt towards officials 130.85
Disrespect towards superior officer 130.86
Assaulting or willfully disobeying officer 130.87
Insubordinate conduct toward noncommissioned officer or warrant officer 130.88
Failure to obey order or regulations 130.89
Cruelty and maltreatment 130.90
Mutiny or sedition 130.91
Arrest and confinement 130.92
Releasing prisoner without proper authority 130.93
Unlawful detention of another 130.94
Noncompliance with procedural rules 130.95
Misbehavior before the enemy 130.96
Subordinate compelling surrender 130.97
Improper use of countersign 130.98
Forcing a safeguard 130.99
Captured or abandoned property 130.100
Aiding the enemy 130.101
Misconduct as a prisoner 130.102
False official statements 130.103
Military property--loss, damage, destruction, or wrongful disposition 130.104
Property other than military property-- waste, spoil, or destruction 130.105
Improper hazarding of vessel 130.106
Drunken or reckless driving 130.107
Drunk on duty--misbehavior 130.108
Dueling 130.109
Malingering 130.110
Riot or breach of peace 130.111
Provoking speeches or gestures 130.112
Perjury 130.113
Frauds against the government 130.114
Conduct unbecoming an officer and gentleman 130.115
General section
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Verified:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

§ 130.95. Misbehavior before the enemy's source at nysenate​.gov

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