Page:United States Statutes at Large Volume 123.djvu/2631

123STA T . 2 6 11 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9inte n d in g t ha t the y a r et ob e us ed in p reparation f or , or in c arrying out, an act of terroris m( as set forth in paragraph ( 24) of this section), or w ho intentiona l ly pro -v ides material support or resources to an international terrorist organi z ation engaged in hostilities against the U nited S tates, k nowing that such organization has engaged or engages in terrorism (as so set forth), shall be punished as a military commission under this chapter may direct .‘ ‘( B ) MATERI A LSUP P O RT OR RESOUR C ES D E F I N ED. —I n this paragraph, the term ‘material support or resources ’ has the meaning given that term in section 2 3 3 9A (b) of title 18 . ‘‘(2 6 ) W RON G FULL Y AIDING T H E ENE M Y.—Any person sub j ect to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct. ‘‘(2 7 ) SPYING.—Any person subject to this chapter who, in violation of the law of war and with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign power, collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished by death or such other punishment as a military commission under this chapter may direct. ‘‘(28) ATTEMPTS.— ‘‘(A) IN GENERAL.—Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a military commission under this chapter may direct. ‘‘(B) SCOPE OF OFFENSE.—An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. ‘‘( C ) E FFECT OF CONSUMMATION.—Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. ‘‘(29) CONSPIRACY.—Any person subject to this chapter who conspires to commit one or more substantive offenses triable by military commission under this subchapter, and who know- ingly does any overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘(3 0 ) SOLICITATION.—Any person subject to this chapter who solicits or advises another or others to commit one or more substantive offenses triable by military commission under this chapter 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