Page 461 - Trump Executive Orders 2017-2021

10164 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(d) That the accused went beyond the limits of the restriction before being released therefrom
by proper authority.
c. Explanation.
( 1) Escape ft'Om correctional custody. Escape from correctional custody is the act of a person
undergoing the punishment of correctional custody pursuant to Article 15, who, before being set
at liberty by proper authority, casts off any physical restraint imposed by the custodian or by the
place or conditions of custody.
(2) Breach of correctional custody. Breach of restraint during correctional custody is the act of
a person undergoing the punishment who, in the absence of physical restraint imposed by a
custodian or by the place or conditions of custody, breaches any form of restraint imposed during
this period.
(3) Authority to impose correctional custody. See Part V concerning who may impose
correctional custody. Whether the status of a person authorized that person to impose correctional
custody is a question of law to be decided by the militaty judge. Whether the person who imposed
correctional custody had such a status is a question of fact to be decided by the factfinder.
(4) Breach cif restriction. Restriction is the moral restraint of a person imposed by an order
directing a person to remain within certain specified limits. "Restriction" includes restriction under
R.C.M. 304(a)(2), restriction resulting from imposition of either nonjudicial punishment (see Part
V) or the sentence of a court-martial (see R.C.M. 1003(b)(5)), and administrative restriction in the
interest of training, operations, security, or safety.
d. Maximum punishment.
(1) Escape from correctional custody. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 1 year.
(2) Breach(?{ correctional custody. Bad-conduct discharge, forfeiture of all pay and allowances,
and confinement for 6 months.
(3) Breach (if restriction. Confinement for 1 month and forfeiture of two-thirds pay per month
tbr 1 month.
e. Sample .'Jpec~fications.
(1) J:.,scape from correctional custody.
In that __ (personal jurisdiction data), while undergoing the punishment of
correctional custody imposed by a person authorized to do so, did, (at/on board-location), on or
about __ 20 _, escape from correctional custody.
(2) Breach of correctional custody.
In that (personal jurisdiction data), while duly undergoing the
punishment of correctional custody imposed by a person authorized to do so, did, (at/on board-
location), on or about __ 20 _, breach the restraint imposed thereunder by ____ _
(3) Breach of restriction.
In that (personal jurisdiction data), having been restricted to the limits
of , by a person authorized to do so, did, (at/on board-location), on or about __
20 _, break said restriction.

14. Article 88 (10 U.S.C. 888)-Contempt toward officials
a. Text Q[ statute.
Any commissioned officer who uses contemptuous words against the President, the
Vice President, Congress, the Secretary of Defense, the Secretary of a militat·y department,
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the Secretary of Homeland Security, or the Governor or legislature of any State,

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