§ Article 97 : Unlawful Detention

Article 97 of the UCMJ (10 U.S.C. § 897) punishes apprehending, arresting, or confining another person except as provided by law. It protects against the misuse of apprehension and confinement authority.

Who It Applies To

Any person subject to the UCMJ who, except as provided by law, apprehends, arrests, or confines any person. Under the Manual, the article reaches people exercising apprehension, arrest, or confinement authority under the UCMJ; it does not apply to private acts of false imprisonment by someone not acting under that authority.

What It Covers

1. The accused apprehended, arrested, or confined a certain person.
2. The accused unlawfully exercised the accused’s authority to do so.

Key rules

• The restraint must be against the will of the person restrained, but force is not required.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Sentencing parameters. Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 97 addresses the unlawful use of apprehension, arrest, or confinement authority against another person. Article 96 addresses the unauthorized release of a person who is lawfully held, and Article 125 addresses kidnapping, which does not depend on the misuse of UCMJ authority.

What the Provision Does

Under the Manual, Article 97 prohibits improper acts by those empowered by the UCMJ to arrest, apprehend, or confine, and it does not apply to private acts of false imprisonment by a person not acting under that authority. The restraint must be against the person’s will, but force is not required, and the maximum confinement is 3 years.

History

Article 97 appeared in the original 1950 Uniform Code of Military Justice and was codified at 10 U.S.C. § 897 in 1956. Its text has not been amended since.

Sources

• 10 U.S.C. § 897 (Article 97, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 25
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C