Page 299 - Trump Executive Orders 2017-2021

10002 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

mistake need only have existed in the mind of the accused. If the ignorance or mistake goes to
any other element requiring only general intent or knowledge, the ignorance or mistake must
have existed in the mind of the accused and must have been reasonable under all the
circumstances. However, if the accused's knowledge or intent is immaterial as to an element,
then ignorance or mistake is not a defense.
(2) Child Sexual Offenses. It is a defense to a prosecution under Aliicle 120b(b ), sexual
assault of a child, and Article 120b( c), sexual abuse of a child, that, at the time of the offense, the
child was at least 12 years of age, and the accused reasonably believed that the child had attained
the age of 16 years. The accused must prove this defense by a preponderance of the evidence.
(k) Lack of mental responsibility.
( 1) Lack of mental responsibility. It is an affirmative defense to any offense that, at the time of
the commission of the acts constituting the offense, the accused, as a result of a severe mental
disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or
her acts. Mental disease or defect does not otherwise constitute a defense.
(2) Partial mental responsibility. A mental condition not amounting to a lack of mental
responsibility under paragraph (k)(l) of this rule is not an affirmative defense.
(3) Procedure.
(A) Presumption. The accused is presumed to have been mentally responsible at the time
of the alleged offense. This presumption continues until the accused establishes, by clear and
convincing evidence, that he or she was not mentally responsible at the time of the alleged
offense.
(B) Inquiry. If a question is raised concerning the mental responsibility of the accused, the
military judge shall rule finally whether to direct an inquiry under R.CM. 706.
(C) Determination The issue of mental responsibility shall not be considered as an
interlocutory question.
(I) Not defenses generafZF.
(1) Ignorance or mistake Rflmv. Ignorance or mistake of law, including general orders or
regulations, ordinarily is not a defense.
(2) Voluntary intoxication. Voluntary intoxication, whether caused by alcohol or drugs, is not
a defense. However, evidence of any degree ofvoluntary intoxication may be introduced for the
purpose of raising a reasonable doubt as to the existence of actual knowledge, specific intent,
willfulness, or a premeditated design to kill, if actual knowledge, specific intent, willfulness, or
premeditated design to kill is an element of the offense.

Rule 917. Motion for a finding of not guilty
(a) ln general. The military judge, on motion by the accused or sua sponte, shall enter a
finding of not guilty of one or more offenses charged at any time after the evidence on either
side is closed but prior to entry of judgment if the evidence is insufficient to sustain a
conviction ofthe ommse afiected. If a motion for a finding of not guilty at the close ofthe
prosecution's case is denied, the defense may offer evidence on that offense without having
reserved the right to do so.
(b) Form £if motion. The motion shall specifically indicate wherein the evidence is insufficient.
(c) Procedure. Before ruling on a motion for a finding of not guilty, whether made by counsel or
sua sponte, the military judge shall give each party an opportunity to be heard on the matter.
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(d) Standard. A motion for a finding of not guilty shall be granted only in the absence of some
evidence which, together with all reasonable inferences and applicable presumptions, could

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