Page 223 - Trump Executive Orders 2017-2021

9926 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(d) National security matters. If a commander not authorized to convene general courts-martial
finds that an offense warrants trial by court-martial, but believes that trial would be detrimental
to the prosecution of a war or harmful to national security, the matter shall be forwarded to the
general court-martial convening authority for action under R.C.M. 407(b ).
(e) Sex-related offenses.
(1) For purposes of this subsection, a "sex-related offense" means any allegation of a
violation of Article 120, 120b, 120c, or 130, or any attempt thereof under At1icle 80, UCMJ.
(2) Under such regulations as the Secretaty concerned may prescribe, for alleged sex-related
offenses committed in the United States, the victim of the sex-related offense shall be provided
an opportunity to express views as to whether the offense should be prosecuted by court-martial
or in a civilian court '.vith jurisdiction over the offense. The commander, and if charges are
preferred, the convening authority, shall consider such views as to the victim's preference for
jurisdiction, if available, prior to making an initial disposition decision. For purposes of this rule,
"victim" is defined as an individual who has suffered direct physical, emotional, or pecuniary
harm as a result of the commission of an alleged sex-related offense as defined in paragraph
(e)(l) of this rule.
(3) Under such regulations as the Secretary concerned may prescribe, if the victim of an
alleged sex-related offense expresses a preference for prosecution of the offense in a civilian
court, the commander, and if charges are preferred, the convening authority, shall ensure that the
civilian authority with jurisdiction over the offense is notified of the victim's preference for
civilian prosecution. If the commander and, if charges are preferred, the convening authority
learns of any decision by the civilian authority to prosecute or not prosecute the offense in
civilian court, the commander or convening authority shall ensure the victim is notified.

Rule 307. Preferral of charges
(a) T;J!ho may prefer charges. Any person subject to the UCMJ may prefer charges.
(b) How charges are preferred; oath. In preferring charges and specifications-
( I) The person preferring the charges and specifications must sign them under oath before a
commissioned oflicer of the anned forces authmized to administer oaths; and
(2) The writing under paragraph (1) must state that-
(A) the signer has personal knowledge of, or has investigated, the matters set forth in the
charges and specifications; and
(B) the matters set forth in the charges and specifications are true to the best of the
knowledge and belief of the signer.
(c) How to allege offenses.
(1) In general. The format of charge and specification is used to allege violations of the UCMJ.
(2) Charge. A charge states the article of the UCMJ, law of war, or local penal law of an
occupied territory which the accused is alleged to have violated.
(3) Spec{fication. A specification is a plain, concise, and definite statement of the essential
facts constituting the offense charged. A specification is sufficient if it alleges every element of
the charged offense expressly or by necessary implication; however, specifications under Article
134 must expressly allege the terminal element. Except for aggravating factors under R.C.M.
1 003(d) and R.C.M. 1004, facts that increase the maximum authorized punishment must be alleged
in order to permit the possible increased punishment. No particular format is required.
(4) lvfultiple C?ffenses. Charges and specifications alleging all known offenses by an accused
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may be preferred at the same time. Each specification shall state only one offense. What is
substantially one transaction should not be made the basis for an unreasonable multiplication of

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