Page 491 - Trump Executive Orders 2017-2021

10194 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

accused was acting. Before disclosing such a word, a person subject to military law must determine
at that person's peril that the recipient is a person authorized to receive it.
(4) Intent, motive, negligence, mistake, ignorance not defense. The accused's intent or motive
in disclosing the countersign or parole is immaterial to the issue of guilt, as is the fact that the
disclosure was negligent or inadvertent. It is no defense that the accused did not know that the
person to whom the countersign or parole was given was not entitled to receive it.
(5) How accused received countersign or parole. It is immaterial whether the accused had
received the countersign or parole in the regular course of duty or whether it was obtained in some
other way.
(6)/n time of1"''ar. See R.C.M. 103(21).
d. Nfaximum punishment. Death or such other punishment as a court-martial may direct.
e. Sample spec?fications.
(1) Disclosing the parole or countersign lo one not entitled to receive it.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about 20 _, a time of war, disclose the
(parole) (countersign), to wit: to a person who was not entitled to
receive it.
(2) Giving a parole or countersign d{fferentfrom that authorized.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _, a time of war, give to
_____ a person entitled to receive and use the (parole) (countersign), a (parole)
,
(countersign), namely: which was different from that which, to (his) (her) knowledge,
(he) (she) was authorized and required to give, to wit: ____ _

30. Article 102 (10 U.S.C. 902)-Forcing a safeguard
a. Text (?{statute.
Any person subject to this chapter who forces a safeguard shall suffer death or such
other punishment as a court-martial may direct.
b. Elements.
(1) That a safeguard had been issued or posted for the protection of a certain person or persons,
place, or property;
(2) That the accused knew or should have known of the safeguard; and
(3) That the accused forced the safeguard.
c. Lxp/anation.
(1) Safeguard. A safeguard is a detachment, guard, or detail posted by a commander for the
protection of persons, places, or property of the enemy, or of a neutral affected by the relationship
of belligerent forces in their prosecution of war or during circumstances amounting to a state of
belligerency. The term also includes a written order left by a commander with an enemy subject
or posted upon enemy property for the protection of that person or property. A safeguard is not a
device adopted by a belligerent to protect its own property or nationals or to ensure order within
its own forces, even if those forces are in a theater of combat operations, and the posting of guards
or of off-limits signs does not establish a safeguard unless a commander takes those actions to
protect enemy or neutral persons or property. The effect of a safeguard is to pledge the honor of
the nation that the person or property shall be respected by the national armed forces.
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00308 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.310</GPH>
(2) Forcing a safeguard. "Forcing a safeguard" means to perform an act or acts in violation of
the protection of the safeguard.

289