28. Article 104—Aiding the enemy
a. Text of statute. Any person 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 suffer death or such other punish- ment as a court-martial or military commission may direct.
b. Elements. (1) Aiding the enemy.
(a) That the accused aided the enemy; and
(b) That the accused did so with certain arms, ammunition, supplies, money, or other things.
UCMJ definition of enemy:
(b) Enemy. “Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.