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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10219

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47. Article 110 (10 U.S.C. 910)-Improper hazarding of vessel or aircraft
a. Text of statute.
(a) WILLFUL AND WRONGFUL HAZARDING.-Any person subject to this chapter who~
willfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the
armed forces shall be punished by death or such other punishment as a court-martial may
direct.
(b) NEGLIGENT HAZARDING.-Any person subject to this chapter who negligently
hazards or suffers to be hazarded any vessel or ait·craft of the armed forces shall be punished
as a court-martial may direct.
b. Klemenl.'i'.
(1) That a vessel or aircraft of the armed forces was hazarded in a certain manner; and
(2) That the accused by certain acts or omissions, willfully and wrongfully, or negligently,
caused or suffered the vessel or aircraft to be hazarded.
c. F:xplanation.
(1) Hazard. "Hazard" means to put in danger of loss or injury. Actual damage to, or loss of, a
vessel or aircraft of the armed forces by collision, stranding, running upon a shoal or a rock, or by
any other cause, is conclusive evidence that the vessel or aircraft was hazarded but not of the fact
of culpability on the part of any particular person. "Strand" means run a vessel aground so that the
vessel is fast for a time.
(2) Willfully and 1vrongjully. As used in this article, "willfully" means intentionally and
"wrongfully" means contrary to law, regulation, lawful order, or custom.
(3) Negligence. "Negligence" as used in this article means the failure to exercise the care,
prudence, or attention to duties which the interests of the Government require a prudent and
reasonable person to exercise under the circumstances. This negligence may consist of the
omission to do something the prudent and reasonable person would have done, or the doing of
something which such a person would not have done under the circumstances. No person is
relieved of culpability who fails to perform such duties as are imposed by the general
responsibilities of that person's grade or rank, or by the customs of the Service for the safety and
protection of vessels and aircraft of the anned forces, simply because these duties are not
specitl.cally enumerated in a regulation or order. However, a mere error in judgment that a
reasonably able person might have committed under the same circumstances does not constitute
an offense under this article.
( 4) Suffer. "To suffer" means to allow or permit. A ship or aircraft is willfully suffered to be
hazarded by one who, although not in direct control of the vessel or aircraft, knows a danger to be
imminent but takes no steps to prevent it, for example, as by a navigator of a ship under way who
fails to report to the officer of the deck a radar target which is observed to be on a collision course
with, and dangerously close to, the ship, or an aircraft's copilot or navigator who similarly fails to
report an imminent danger. A suffering through neglect implies an omission to take such measures
as were appropriate under the circumstances to prevent a foreseeable danger.
(5) Vessel. See 1 U.S.C. § 3.
(6)Aircraft. See 18 U.S.C. § 3l(a)(l). Additionally, aircraft includes remotely piloted aircraft
and unmanned aerial vehicles.
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d.lvfaximum Punishment.

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