51 Pa.C.S. Ch. 60

in effect

51 Pa.C.S. § 6001 Principals.

Any person subject to this part who: (1) commits an offense punishable by this part or aids, abets, counsels, commands or procures its commission; or (2) causes an act to be done which if directly performed by him would be punishable by this part; is a principal.

51 Pa.C.S. § 6002 Accessory after the fact.

Any person subject to this part who, knowing that an offense punishable by this part has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.

51 Pa.C.S. § 6003 Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

51 Pa.C.S. § 6004 Attempts.

(a) Attempt defined.--An act done with specific intent to commit an offense under this part amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense. (b) Punishment.--Any person subject to this part who attempts to commit any offense punishable by this part shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (c) Effect of consummation of offense.--Any person subject to this part may be convicted of an attempt to commit an offense although it appears at the trial that the offense was consummated.

51 Pa.C.S. § 6005 Conspiracy.

Any person subject to this part who conspires with any other person to commit an offense under this part shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

51 Pa.C.S. § 6006 Solicitation.

(a) Desertion and mutiny.--Any person subject to this part who solicits or advises another or others to desert in violation of section 6009 (relating to desertion) or mutiny in violation of section 6018 (relating to mutiny or sedition) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct. (b) Misbehavior before enemy and sedition.--Any person subject to this part who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 6023 (relating to misbehavior before enemy) or sedition in violation of section 6018 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.

51 Pa.C.S. § 6007 Fraudulent enlistment, appointment or separation.

Any person who: (1) procures his own enlistment or appointment in the State military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) procures his own separation from the State military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6008 Unlawful enlistment, appointment or separation.

Any person subject to this part who effects an enlistment or appointment in or a separation from the State military forces of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.

51 Pa.C.S. § 6009 Desertion.

(a) Offense defined.--Any member of the State military forces who: (1) without authority goes or remains absent from his unit, organization or place of duty with intent to remain away from there permanently; (2) quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of the State military forces, enlists or accepts an appointment in the same or another one of the State military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated or enters any foreign armed service, except when authorized by the United States; is guilty of desertion. (b) Commissioned officer tendering resignation.--Any commissioned officer of the State military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away from there permanently is guilty of desertion. (c) Punishment.--Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the desertion or attempt to desert occurs at any other time, the person shall be punished as a court-martial may direct. Cross References. Section 6009 is referred to in section 6006 of this title.

51 Pa.C.S. § 6010 Absence without leave.

(a) Offense defined.--Any person subject to this part who, without authority: (1) fails to go to his appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed; is absent without leave and shall be punished as a court-martial may direct for a military offense or may be charged with a summary offense. (b) Military offense.--Absence without leave is a military offense subject to punishment as a court-martial may direct or by nonjudicial punishment under this part. (c) Summary offense.--Absence without leave as defined in subsection (a) is a summary offense. (d) Fines.--A person convicted of the summary offense of absence without leave shall be sentenced to pay a fine of not less than $100 nor more than $300 for the first offense and a fine of not less than $300 nor more than $1,000 for a second or subsequent offense. (e) Costs.--Any person convicted of the summary offense of absence without leave shall, in addition to the fine imposed, be sentenced to pay costs as provided or prescribed by or pursuant to 42 Pa.C.S. Ch. 17 (relating to governance of the system). (f) Institution of proceedings.--A person subject to this part authorized by the Adjutant General or his designee may institute summary proceedings for violation of this section by filing a complaint with an issuing authority as provided in the Pennsylvania Rules of Criminal Procedure. The alleged offense shall be deemed to have occurred in the magisterial district where the unit to which the member is assigned is located. (g) Withdrawal of complaint.--The person instituting summary proceedings for a violation of this section or his or her superior commissioned officer may withdraw the complaint if the accused executes a military service participation agreement and pays all costs as described in subsection (e). (h) Military counsel.--Military counsel shall not be assigned to represent the Commonwealth or the accused in summary proceedings brought under this section. (i) Prima facie evidence.--An extract from official military records showing that the accused person was absent without leave as defined in subsection (a) shall constitute prima facie evidence of a violation of this section. (j) Limitations on proceedings.--No action may be commenced for a violation of this section more than 12 months after the last date on which the person is alleged to have been absent without leave. No court-martial or nonjudicial punishment proceedings for absence without leave under this part may be instituted against a person who has been charged with the summary offense of absence without leave for the same time period. No summary offense proceedings for absence without leave under this section may be instituted against a person who has been the subject of court-martial or nonjudicial punishment for absence without leave under this part for the same time period.

51 Pa.C.S. § 6011 Missing movement.

Any person subject to this part who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

51 Pa.C.S. § 6012 Contempt toward officials.

Any commissioned officer who uses contemptuous words against the President of the United States, Vice President of the United States, Congress, Secretary of Defense, secretary of a military department, Secretary of Homeland Security, Governor of the Commonwealth of Pennsylvania, Adjutant General of the Commonwealth of Pennsylvania or General Assembly of the Commonwealth of Pennsylvania shall be punished as a court-martial may direct.

51 Pa.C.S. § 6013 Disrespect toward superior commissioned officer.

Any person subject to this part who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

51 Pa.C.S. § 6014 Assaulting or willfully disobeying superior commissioned officer.

Any person subject to this part who: (1) strikes, draws or lifts up any weapon or offers any violence against his superior commissioned officer while he is in the execution of his office; or (2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the offense is committed at any other time, the person shall be punished as a court-martial may direct.

51 Pa.C.S. § 6015 Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

Any warrant officer or enlisted member who: (1) strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office; (2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6016 Failure to obey order or regulation.

Any person subject to this part who: (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the State military forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6017 Cruelty and maltreatment.

Any person subject to this part who is guilty of cruelty toward or oppression or maltreatment of any person subject to his orders shall be punished as a court-martial may direct.

51 Pa.C.S. § 6018 Mutiny or sedition.

(a) Offense defined.--Any person subject to this part who: (1) with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition; or (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place; is guilty of a failure to suppress or report a mutiny or sedition. (b) Punishment.--A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct. Cross References. Section 6018 is referred to in section 6006 of this title.

51 Pa.C.S. § 6019 Resistance, flight, breach of arrest and escape.

Any person subject to this part who resists apprehension, flees from apprehension, breaks arrest or escapes from custody or confinement shall be punished as a court-marital may direct.

51 Pa.C.S. § 6020 Releasing prisoner without proper authority.

Any person subject to this part who, without proper authority, releases any prisoner committed to his charge or who, through neglect or design, suffers any such prisoner to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

51 Pa.C.S. § 6021 Unlawful detention of another.

Any person subject to this part who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a court-martial may direct.

51 Pa.C.S. § 6022 Noncompliance with procedural rules.

Any person subject to this part who: (1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this part; or (2) knowingly and intentionally fails to enforce or comply with any provision of this part regulating the proceedings before, during or after trial of an accused; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6023 Misbehavior before enemy.

Any person subject to this part who, before or in the presence of the enemy: (1) runs away; (2) shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend; (3) through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property; (4) casts away his arms or ammunition; (5) is guilty of cowardly conduct; (6) quits his place of duty to plunder or pillage; (7) causes false alarms in any command, unit or place under control of the armed forces of the United States or the State military forces; (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, to the Commonwealth or to any other state, when engaged in battle; shall be punished as a court-martial may direct. Cross References. Section 6023 is referred to in section 6006 of this title.

51 Pa.C.S. § 6024 Subordinate compelling surrender.

Any person subject to this part who compels or attempts to compel a commander of any place, vessel, aircraft or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it or who strikes the colors or flag to an enemy without proper authority shall be punished as a court-martial may direct.

51 Pa.C.S. § 6025 Improper use of countersign.

Any person subject to this part who, in time of war or national emergency, discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give shall be punished as a court-martial may direct.

51 Pa.C.S. § 6026 Forcing a safeguard.

Any person subject to this part who forces a safeguard shall be punished as a court-martial may direct.

51 Pa.C.S. § 6027 Captured or abandoned property.

(a) Duty to secure property.--All persons subject to this part shall secure all public property taken for the service of the United States or the Commonwealth and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control. (b) Offense.--Any person subject to this part who: (1) fails to carry out the duties prescribed in subsection (a); (2) buys, sells, trades or in any way deals in or disposes of taken, captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or (3) engages in looting or pillaging; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6028 Aiding the enemy.

Any person subject to this part who: (1) aids or attempts to aid the enemy with arms, ammunition, supplies, money or other things; or (2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6029 Misconduct of prisoner.

Any person subject to this part who, while in the hands of the enemy in time of war: (1) for the purpose of securing favorable treatment by his captors, acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or (2) while in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6030 False official statements.

Any person subject to this part who, with intent to deceive, signs any false record, return, regulation, order or other official document made in the line of duty knowing the same to be false or makes any other false official statement made in the line of duty knowing the same to be false shall be punished as a court-martial may direct.

51 Pa.C.S. § 6031 Loss, damage, destruction or wrongful disposition of military property.

Any person subject to this part who, without proper authority: (1) sells or otherwise disposes of; (2) willfully or through neglect damages, destroys or loses; or (3) willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of; any military property of the United States or of the Commonwealth or any other state shall be punished as a court-martial may direct.

51 Pa.C.S. § 6032 Waste, spoilage or destruction of nonmilitary property.

Any person subject to this part who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property belonging to the United States, the Commonwealth or any other state shall be punished as a court-martial may direct.

51 Pa.C.S. § 6033 Improper hazarding of vessel.

(a) Willful conduct.--Any person subject to this part who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or the State military forces shall be punished as a court-martial may direct. (b) Negligent conduct.--Any person subject to this part who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or the State military forces shall be punished as a court-martial may direct.

51 Pa.C.S. § 6034 Drunken or reckless driving.

Any person subject to this part who, while in a duty status or while on a military installation, operates any vehicle while drunk or in a reckless or wanton manner shall be punished as a court-martial may direct.

51 Pa.C.S. § 6035 Drunk on duty, sleeping on post and leaving post before relief.

(a) General rule.--Except as provided in subsection (b), any person subject to this part who is found drunk on duty, sleeping on his post or who leaves his post before being relieved shall be punished as a court-martial may direct. (b) Sentinel or look-out.--Any sentinel or look-out who is found drunk on duty, sleeping on his post or who leaves his post before being relieved shall be punished, if the offense is committed in time of war, by confinement of not more than five years or by other punishment as a court-martial may direct. If the offense is committed at any other time, the person shall be punished as a court-martial may direct.

51 Pa.C.S. § 6036 Dueling.

Any person subject to this part who fights, promotes, is concerned in or connives at fighting a duel or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.

51 Pa.C.S. § 6037 Malingering.

Any person subject to this part who, for the purpose of avoiding work, duty or service in the State military forces: (1) feigns illness, physical disablement, mental lapse or derangement; or (2) intentionally inflicts self-injury; shall be punished as a court-martial may direct.

51 Pa.C.S. § 6038 Riot or breach of peace.

Any person subject to this part who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

51 Pa.C.S. § 6039 Provoking speeches or gestures.

Any person subject to this part who uses provoking or reproachful words or gestures towards any other person subject to this part shall be punished as a court-martial may direct.

51 Pa.C.S. § 6040 Perjury.

Any person subject to this part who, in a judicial proceeding, in a course of justice conducted under this part or in any administrative proceeding conducted by the State military forces under military regulations, willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.

51 Pa.C.S. § 6041 Frauds against government.

Any person subject to this part: (1) who, knowing it to be false or fraudulent: (i) makes any claim against the United States, the Commonwealth or any officer thereof; or (ii) presents to any person in the civil or military service thereof for approval or payment any claim against the United States, the Commonwealth or any officer thereof; (2) who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the Commonwealth or any officer thereof: (i) makes or uses any writing or other paper knowing the same to contain any false or fraudulent statements; (ii) makes any oath, affirmation or certification to any fact or to any writing or other paper knowing the oath, affirmation or certification to be false; or (iii) forges or counterfeits any signature upon any writing or other paper or uses any such signature knowing it to be forged or counterfeited; (3) who, having charge, possession, custody or control of any money or other property of the United States or the Commonwealth furnished or intended for the armed forces of the United States or the State military forces, knowingly delivers to any person having authority to receive the same any amount thereof less than that for which he receives a certificate or receipt; or (4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the Commonwealth, furnished or intended for the armed forces of the United States or the State military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the Commonwealth; shall, upon conviction, be punished as a court-martial may direct.

51 Pa.C.S. § 6042 Larceny and wrongful appropriation.

(a) Offenses defined.--Any person subject to this part who, while in a duty status, wrongfully takes, obtains or withholds by any means whatever from the possession of the true owner or of any other person any money, personal property or article of value of any kind: (1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, steals such property and is guilty of larceny; or (2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, is guilty of wrongful appropriation. (b) Punishment.--Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

51 Pa.C.S. § 6043 Assault.

Any person subject to this part who, while in a duty status, attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

51 Pa.C.S. § 6044 Conduct unbecoming an officer and a gentleman.

Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

51 Pa.C.S. § 6045 General article.

Though not specifically described in this part, a person subject to this title who engages in any disorder and neglect to the prejudice of good order and discipline in the State military forces or who engages in any conduct of a nature to bring discredit upon the State military forces shall be punished as a court-martial may direct. However, where an act or omission constitutes an offense that violates both this part and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court will be determined in accordance with section 5104 (relating to subject matter jurisdiction).

51 Pa.C.S. § 6046 Embezzlement.

Any person subject to this part who shall, while in a duty status, embezzle, misapply or convert to his own use, without authority, any moneys received by or entrusted to him for disbursement or articles of military equipment shall be punished as a court-martial may direct.

51 Pa.C.S. § 6047 Purchasing and receiving military property in pawn.

Any person subject to this part who knowingly and willfully sells, purchases or receives in pawn or pledge any military property of the Commonwealth of Pennsylvania or of the United States in use by the Commonwealth shall be punished as a court-martial may direct.

51 Pa.C.S. § 6048 Wrongful use and possession of controlled substances.

(a) General rule.--Any person subject to this title who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces of the United States or the State military forces a controlled substance shall be punished as a court-martial may direct. (b) Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Controlled substance." The term means: (1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance. (2) Any substance not specified in paragraph (1) that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of the Uniform Code of Military Justice (10 U.S.C. § 801 et seq.) of the armed forces of the United States. (3) Any other substance not specified in paragraph (1) or contained on a list prescribed by the President of the United States under paragraph (2) that is listed in schedules I, II, III, IV and V of section 202 of the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236).

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026