Page 534 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10237

e. Sample specifications.
(1) Riot.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _,(cause) (participate in) a
riot by unlawfully assembling with __ (and (and) (others to the number of about __
whose names are unknown) for the purpose of (resisting the police of (assaulting passers-
by) ( ), and in furtherance of said purpose did (fight with said police) (assault certain persons,
to wit: ( ), to the terror and disturbance of
(2) Breach qf the peace.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 __,(cause) (participate in) a
breach of the peace by (wrongfully engaging in a fist fight in the dayroom with ____ _,.
(using the following provoking language (toward to wit:" "or words to that effect)
(wrongfully shouting and singing in a public place, to \vit: ---' , ___ /

55. Article 117 (10 U.S.C. 917)-Provoking speeches or gestures
a. Text l?lstalule.
Any person subject to this chapter who uses provoking or reproachful words or
gestures towards any other person subject to this chapter shall be punished as a court-
martial may direct.
b. Elements.
(1) That the accused wTongfully used words or gestures toward a certain person;
(2) That the words or gestures used were provoking or reproachful; and
(3) That the person toward whom the words or gestures were used was a person subject to the
UCMJ.
c. Explanation.
(1) In general. As used in this article, provoking and reproachful describe those words or
gestures which are used in the presence of the person to whom they are directed and which a
reasonable person would expect to induce a breach of the peace under the circumstances. These
words and gestures do not include reprimands, censures, reproofs and the like which may
properly be administered in the interests of training, efficiency, or discipline in the armed forces.
(2) Knowledge. It is not necessary that the accused have knowledge that the person toward
whom the words or gestures are directed is a person subject to the UCMJ.
d. Maximum punishment. Confinement for 6 months and forfeiture of two-thirds pay per month
for 6 months.
e. Sample spec?fication.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about 20 _,wrongfully use (provoking)
(reproachful) (words, to wit: " " or words to that effect) (and) (gestures, to wit:
-----·'towards (Sergeant U.S. Air Force)'·-----'

56. Article 118 (10 U.S.C. 918)-Murder
a. Text (!lstatute.
Any person subject to this chapter who, without justification or excuse, unlawfully
kills a human being, when he--
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( 1) has a premeditated design to kill;