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10184 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(2) Disrespec{fitl behavior toward sentinel or lookout.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction, if required), on or about __ 20 _,then knowing that was a
sentinel or lookout, wrongfully behave in a disrespectful manner toward , by
_____ and that such behavior was directed toward and within the sight of , the
,
(sentinel) (lookout) in the execution of (his) (her) duty

24. Article 96 (10 U.S.C. 896)-Release of prisoner without authority; drinking with prisoner
a. Text of statute.
(a) RELEASE OF PRISONER WITHOUT AUTHORITY.-Any person subject to this
chapter-
(1) who, without authority to do so, releases a prisoner; or
(2) who, through neglect or design, allows a prisoner to escape;
shall be punished as a court-martial may direct, whether or not the prisoner was committed
in strict compliance with the law.
(b) DRINKING WITH PRISONER.-Any person subject to this chapter who unlawfully
drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may
direct.
b. F.lements.
( 1) Releasing a prisoner without authority.
(a) That a certain person was a prisoner; and
(b) That the accused released the ptisoner without authority.
(2) A /lowing a prisoner to escape through neglect.
(a) That a certain person was a prisoner;
(b) That the prisoner escaped;
(c) That the accused did not take such care to prevent the escape as a reasonably
careful person, acting in the capacity in which the accused was acting, would have taken in the
same or similar circumstances; and
(d) That the escape was the proximate result of the neglect
(3)Allowing a prisoner to esctrpe through design.
(a) That a certain person was a prisoner;
(b) That the design of the accused was to allow the escape of that prisoner; and
(c) That the prisoner escaped as a result of the carrying out of the design of the
accused.
( 4) Drinking 1vith prisoner.
(a) That a certain person was a prisoner; and
(b) That the accused unlawfully drank any alcoholic beverage with that prisoner.
c. }.,).:planation.
(1) Prisoner. A prisoner is a person who is in confinement or custody imposed under
R.C.M. 302, 304, or 305, or under sentence of a court-martial who has not been set free by a person
with authority to release the prisoner.
(2) Releasing a prisoner without authority.
(a) Release. The release of a prisoner is removal of restraint by the custodian rather
than by the prisoner.
(b) Authority to release. See R.C.M. 305(g) as to who may release pretrial
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prisoners. Normally, the lowest authority competent to order release of a post-trial prisoner is the

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