Page 528 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10231

(1) who fights or promotes, or is concerned in or connives at fighting, a duel;
or
(2) who, having knowledge of a challenge sent or about to be sent, fails to
report the facts promptly to the proper authority;
shall be punished as a court-martial may direct.
(c) FIREARM DIS~1IARGE, ENDANGERING HUMAN LIFE.-Any person subject to this
chapter who, willfully and wrongly, discharges a firearm, under circumstances such as to
endanger human life shall be punished as a court-martial may direct.
(d) CARRYING CONCEALED WEAPON.-Any person subject to this chapter who
unlawfully carries a dangerous weapon concealed on or about his person shall be punished
as a court-martial may direct.
b. Elements.
(1) Reckle."''S endangerment
(a) That the accused did engage in conduct;
(b) That the conduct was wrongful and reckless or wanton; and
(c) That the conduct was likely to produce death or grievous bodily harm to another
person.
(2) Dueling.
(a) That the accused fought another person with deadly weapons;
(b) That the combat was for private reasons; and
(c) That the combat was by prior agreement.
(3) Promoting a duel.
(a) That the accused promoted a duel between certain persons; and
(b) That the accused did so in a certain manner.
(4) Conniving at fighting a duel.
(a) That certain persons intended to and were about to engage in a duel;
(b) That the accused had knowledge of the planned duel; and
(c) That the accused connived at the fighting of the duel in a certain manner.
(5) i''ctifure to report a duel.
(a) That a challenge to fight a duel had been sent or was about to be sent;
(b) That the accused had knowledge of this challenge; and
(c) That the accused failed to report this fact promptly to proper authority.
(6) Firearm discharge, endangering human life.
(a) That the accused discharged a firearm;
(b) That the discharge was willful and wrongful; and
(c) That the discharge was under circumstances such as to endanger human life.
(7) Carrying concealed ·weapon.
(a) That the accused carried a certain weapon concealed on or about the accused's person;
(b) That the carrying was unlawful; and
(c) That the weapon was a dangerous weapon.
c. Explanation.
(1) Reckless endangerment.
(a) In general. This offense is intended to prohibit and therefore deter reckless or wanton
conduct that wrongfully creates a substantial risk of death or grievous bodily harm to others.
(b) Wrongfulness. Conduct is wrongful when it is without legal justification or excuse.
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