Page 475 - Trump Executive Orders 2017-2021

10178 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

those roles as defined by this offense) is entrusted to the individual Services to determine and
specify by appropriate regulations.
(2) Knowledge. The accused must have actual or constructive knowledge that a person was a
"specially protected junior member of the armed forces" or an "applicant for military service" (as
those terms are defined in this offense). Knowledge may be proved by circumstantial evidence.
Actual knowledge need not be shown if the accused reasonably should have known under the
circumstances the status of the person as a "specially protected junior member of the armed forces"
or an "applicant for military service." This may be demonstrated by regulations, training or
operating manuals, customs of the Service, or similar evidence.
(3) Consent. Consent is not a defense to this offense.
d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample spec{fications.
(1) Prohibited act with specially protectedjunior member ~~the armed forces.
In that (personal jurisdiction data), a (commissioned) (warrant)
(noncommissioned) (petty) officer, while in a position of authority over_, did (at/on board-
location) (subject-matter jurisdiction data, if required), on or about _ 20_, engage in a
prohibited act, to wit: with whom the accused (knew) (reasonably
should have known) was a specially protected junior Servicemember in initial active duty training.
(2) Prohibited act with an applicamfor militaty .\·ervice.
ln that _ (personal jurisdiction data), a (commissioned) (warrant)
(noncommissioned) (petty) officer, while in a position of authority over did (at/on board-
location) (subject-matter jurisdiction data, if required), on or about _ 20_, engage in a
prohibited act, to wit: with whom the accused (knew)
(reasonably should have known) was (an applicant to the armed forces via
(a specially protected junior enlisted member of the armed forces
enlisted under a delayed entry program).

21. Article 94 (10 U.S.C. 894)-Mutiny or sedition
a. 1 'ext of statute.
(a) Any person subject to this chapter who-
(1) with intent to usurp or override lawful military authority, refuses, in
concert with any other person, to obey orders or otherwise do his duty or creates any violence
or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authol'ity,
creates, in concert with any other person, revolt, violence, or other disturbance against that
authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being
committed in his presence, or fails to take all reasonable means to inform his superior
commissioned officer or commanding officer of a mutiny or sedition which he knows or has
reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or
sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to
suppress or report a mutiny or sedition shall be punished by death or such other punishment
as a court-martial may direct.
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b. Elements.

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