Page 478 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10181

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(6) Attempted mutiny.
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22. Article 95 (10 U.S.C. 895)-0ffenses by sentinel or lookout
a. 1 ext of statute.
(a) DRUNK OR SLEEPING ON POST, OR LEAVING POST BEFORE BEING RELIEVED.-Any
sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being
regularly relieved, shall be punished-
(1) if the offense is committed in time of war, by death or such other
punishment as a court-martial may direct; and
(2) if the offense is committed other than in time of war, by such punishment,
other than death, as a court-martial may direct.
(b) LOITERING OR WRONGFULLY SITTING ON POST.-Any sentinel or lookout who
loiters or wrongfully sits down on post shall be punished as a court-martial may direct.
b. Elements.
(1) Drunk or sleeping on post, or leaving post before being relieved.
(a) That the accused was posted or on post as a sentinel or lookout;
(b) That the accused was drunk while on post, was sleeping while on post, or left post before
being regularly relieved.
[Note: If the offense was committed in time of war or while the accused was receiving special pay
under 37 U.S.C. § 310, add the following element:]
(c) That the offense was committed (in time of war) (while the accused was receiving
special pay under 37 U.S.C. § 31 0).
(2) [,oitering or wrongfully sitting on po,\·t.
(a) That the accused was posted as a sentinel or lookout; and
(b) That while so posted, the accused loitered or wrongfully sat down on post.
[Note: If the offense was committed in time of war or while the accused was receiving special pay
under 37 U.S.C. § 310, add the following element:]
(c) That the accused was so posted (in time of war) (while receiving special pay under 37
U.S.C. § 310).
c. Explanation.
(1) Drunk or sleeping on post, or leaving post before being relieved.
(a) In general. Article 95( a) defines three kinds of misbehavior committed by sentinels or
lookouts: being drunk on post, sleeping on post, or leaving it before being regularly relieved.
Article 95(a) does not include an oflicer or enlisted person of the guard, or of a ship's watch, not
posted or perfonning the duties of a sentinel or lookout, nor does it include a person whose duties
as a watchman or attendant do not require constant alertness.
(b) Post. "Post" is the area where the sentinel or lookout is required to be for the perfonnance
of duties. It is not limited by an imaginary line, but includes, according to orders or circumstances,
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such sun-ounding area as may be necessary for the proper performance of the duties for which the

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