Page 519 - Trump Executive Orders 2017-2021

10222 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(c) That the accused knew that the vehicle had been in an accident;
(d) That the accused left the scene of the accident without (providing assistance to the victim
who had been struck (and injured) by the said vehicle) or (providing identification); and
(e) That such leaving was wrongful.
(2) Senior passenger.
(a) That the accused was a passenger in a vehicle which was involved in an accident;
(b) That the accused knew that said vehicle had been in an accident; and
(c) That the accused was the superior commissioned or noncommissioned officer of the
driver, or commander of the vehicle, and wrongfully and unlawfully ordered, caused, or permitted
the driver to leave the scene of the accident without (providing assistance to the victim who had
been snuck (and injured) by the said vehicle) (or) (providing identification).
c. Explanation.
(1) Nature £?! l?ff'ense. This offense covers "hit and run" situations where there is damage to
property other than the driver's vehicle or injury to someone other than the driver or a passenger
in the driver's vehicle. It also covers accidents caused by the accused, even if the accused's vehicle
does not contact other people, vehicles, or property.
(2) Knowledge. Actual knowledge that an accident has occurred is an essential element of this
offense. Actual knowledge may be proved by circumstantial evidence.
(3) Passenger. A passenger other than a senior passenger may also be liable under this
paragraph. See paragraph 1 ofthis Part.
d. A1aximum punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and
confinement for 6 months.
e. Sample .~pec(fication.
In that (personal jurisdiction data), [the driver of)][*a passenger in]
[the senior officer/noncommissioned oHicer in](_ in) a vehicle at the time of an accident in
which said vehicle was involved, and having knowledge of said accident, did, at __ (subject-
matter jurisdiction data, if required), on or about __ 20 _[wrongfully leave] [*by __ , assist
the driver of the said vehicle in wrongfully leaving] [wrongfully order, cause, or permit the driver
to leave] the scene of the accident without (providing assistance to __ , who had been struck
(and injured) by the said vehicle) (making (his) (her) (the driver's) identity known).
[*Note: This language should be used when the accused was a passenger and is charged as a
principal. See paragraph 1 of this Part.]

49. Article 112 (10 U.S.C. 912)-Drunkenness and other incapacitation offenses
a Text ~/'statute.
(a) DRUNK ON DUTY.-Any person subject to this chapter who is drunk on duty shall
be punished as a court-martial may direct.
(b) INCAPACITATION FOR DUTY FROM DRUNKENl\;'ESS OR DRUG USE.-Any person
subject to this chapter who, as a result of indulgence in any alcoholic beverage or any drug,
is incapacitated for the proper performance of duty shall be punished as a court-martial may
direct.
(c) DRUNK PRISONER.-Any person subject to this chapter who is a prisoner and,
while in such status, is drunli. shall be punished as a court-martial may direct.
b. Elements.
(I) Drunk on duty.
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(a) That the accused was on a certain duty; and

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