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. 15, 2024).

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

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 130.95’s source at nysenate​.gov

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