Page 464 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10167

(a) Superior commissioned ojjicer. The definition in subparagraph I S.c.( 1) of this paragraph,
applies here.
(b)Knowledge. The explanation in subparagraph 15.c.(2)(a) of this paragraph applies here.
(c) Strikes. "Strikes" means an intentional contact and includes any offensive touching of
the person of an officer, however slight.
(d) Draws or lifts up any weapon against. The phrase "draws or lifts up any weapon against"
covers any simple assault committed in the manner stated. The drawing of any weapon in an
aggressive manner or the raising or brandishing of the same in a threatening manner in the presence
of and at the superior is the sort of act proscribed. The raising in a threatening manner of a firearm,
whether or not loaded, of a club, or of anything by which a serious blow or injury could be given
is included in "lifts up."
(e) Offers any violence against. The phrase "offers any violence against" includes any form
of battery or of mere assault not embraced in the preceding more specific terms "strikes" and
"draws or lifts up." If not executed, the violence must be physically attempted or menaced. A mere
threatening in words is not an offering of violence in the sense ofthis article.
(f) F-xecufion qf qffice. An officer is in the execution of office when engaged in any act or
service required or authorized by treaty, statute, regulation, the order of a superior, or military
usage. In general, any striking or use of violence against any superior commissioned officer by a
person over whom it is the duty of that officer to maintain discipline at the time, would be striking
or using violence against the officer in the execution of office. The commanding officer on board
a ship or the commanding officer of a unit in the field is generally considered to be on duty at all
times.
(g) Defenses. In a prosecution for striking or assaulting a superior commissioned oflicer in
violation of this article, it is a defense that the accused acted in the proper discharge of some duty,
or that the victim behaved in a manner toward the accused such as to lose the protection of this
article (see subparagraph 15.c.(2)(d)). For example, if the victim initiated an unlawful attack on
the accused, this would deprive the victim of the protection of this article, and, in addition, could
excuse any lesser included offense of assault as done in self-defense, depending on the
circumstances (see subparagraph 77.c.; R.C.M. 916(e)).
d. Maximum punishment.
(1) Disrespect toward superior commissioned ojjicer in command Bad-conduct discharge,
forfeiture of all pay and allowances, and confinement for 1 year.
(2) Disrespect toward s1perior commissioned ojjicer superior in rank. Bad-conduct discharge,
forfeiture of all pay and allowances, and confinement for 6 months.
(3) Striking, drmving or lifting up a weapon or offering any violence to superior commissioned
ojjicer in execution ofojjice in time ofwar. Death or such other punishment as a court-martial may
direct.
( 4) Striking, drmving or lifting up a ·weapon or ojjering any violence to superior commissioned
officer in execution of office at any other time. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 10 years.
e. Sample specifications.
(1) Disrespect tmmrd superior commissioned officer.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _,behave himself/herself with
disrespect toward , (his) (her) superior commissioned officer (in command) (in rank),
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00281 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.283</GPH>
to be (his) (her) superior commissioned officer (in command)
then known by the said

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