26-1099. Misbehavior in time of public danger;
definition


A. Any person who is subject to this chapter and who in time of public danger does
any of the following shall be punished as a court-martial may direct:


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.


8. Willfully fails to do his utmost to encounter, engage, capture or destroy any
enemy troops, combatants, aircraft or other thing, which it is his duty to so encounter,
engage, capture or destroy.


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, their allies,
this state or any other state if engaged in battle.


B. For purposes of this section, "in time of public danger" means when serving
pursuant to an emergency declared by the governor.