Page 529 - Trump Executive Orders 2017-2021

10232 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(c) Recklessness. "Reckless" conduct is conduct that exhibits a culpable disregard of
foreseeable consequences to others from the act or omission involved. The accused need not
intentionally cause a resulting harm or know that his conduct is substantially certain to cause that
result. The ultimate question is whether, under all the circumstances, the accused's conduct was
of that heedless nature that made it actually or imminently dangerous to the rights or safety of
others.
(d) Wantonness. "Wanton" includes "reckless" but may connote vvillfulness, or a disregard
of probable consequences, and thus describe a more aggravated offense.
(e) Likely to produce. When the natural or probable consequence of particular conduct
would be death or grievous bodily harm, it may be inferred that the conduct is likely to produce
that result.
(f) Grievous bodily harm. This phrase has the same meaning given it in subparagraph
77.c.(l)(c).
(g) Death or injury not required. It is not necessary that death or grievous bodily harm be
actually inflicted to prove reckless endangerment.
(2) Dueling.
(a) Duel. A duel is combat between two persons for private reasons fought with deadly
weapons by prior agreement.
(b) Promoting a duel. Urging or taunting another to challenge or to accept a challenge to
duel, acting as a second or as carrier of a challenge or acceptance, or otherwise furthering or
contributing to the fighting of a duel are examples of promoting a duel.
(c) Conniving at fighting a duel. Anyone who has knowledge that steps are being taken or
have been taken toward arranging or tlghting a duel and who fails to take reasonable preventive
action thereby connives at the fighting of a duel.
(3) Firearm discharge, endangering human life. "Under circumstances such as to endanger
human life" refers to a reasonable potentiality tor harm to human beings in general. The test is
not whether the life was in fact endangered but whether, considering the circumstances
surrounding the wrongful discharge of the weapon, the act was unsafe to human life in general.
( 4) Canying concealed weapon.
(a) Concealed weapon. A weapon is concealed when it is cartied by a person and
intentionally covered or kept from sight.
(b) Dangerous 1veapon. For purposes of this paragraph, a weapon is dangerous if it was
specifically designed for the purpose of doing grievous bodily harm, or it was used or intended to
be used by the accused to do grievous bodily harm.
(c) On or about. "On or about" means the weapon was carried on the accused's person or
was within the immediate reach of the accused.
d. A-faximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 1 year.
e. Sample spec~jications.
( 1) Reckless endangerment.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _,wrongfully and
(recklessly) (wantonly) engage in conduct, to wit: , conduct likely to cause death or
grievous bodily harm to ____ _
(2) Dueling.
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00346 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.348</GPH>
(a) Dueling.

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