Page 542 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10245

(involuntary manslaughter) (rape) (robbery) (maiming) (assault) of] [(burning) (setting afire) of
(a dwelling inhabited by) (a structure or property known to (be occupied by) (belong to))] that
woman.
(3) Attempting to kill an unborn child
In that (personal jurisdiction data), did (at/on board-location), (subject-
,
matter jurisdiction data, if required), on or about 20 __ attempt to kill the unborn
child of a pregnant woman, by engaging in the [(murder) (voluntary manslaughter) (involuntary
manslaughter) (rape) (robbery) (maiming) (assault) of] [(burning) (setting afire) of(a dwelling
inhabited by) (a structure or property known to (be occupied by) (belong to))] that woman.
( 4) Intentionally killing an unborn child
In that (personal jurisdiction data), did (at/on board-location), (subject-
,
matter jurisdiction data, if required), on or about 20 __ intentionally kill the
unborn child of a pregnant woman, by engaging in the [(murder) (voluntary manslaughter)
(involuntary manslaughter) (rape) (robbery) (maiming) (assault) of] [(burning) (setting afire) of
(a dwelling inhabited by) (a structure or property known to (be occupied by) (belong to))] that
woman.

59. Article 119b (10 U.S.C. 919b)-Child endanget·ment
a. Text (~{statute.
Any person subject to this chapter-
(1) who has a duty for the care of a child under the age of 16 years; and
(2) who, through design or culpable negligence, endangers the child's mental
or physical health, safety, or welfare;
shall be punished as a court-martial may direct.
b. Elements.
(l) That the accused had a duty for the care of a certain child;
(2) That the child was under the age of 16 years; and
(3) That the accused endangered the child's mental or physical health, safety, or welfare
through design or culpable negligence.
c. i'.,xplanation.
(1) Design. "Design" means on purpose, intentionally, or according to plan and requires
specific intent to endanger the child.
(2) Culpable negligence. Culpable negligence is a degree of carelessness greater than simple
negligence. It is a negligent act or omission accompanied by a culpable disregard for the
foreseeable consequences to others of that act or omission. In the context of this offense,
culpable negligence may include acts that, when viewed in the light of human experience, might
foreseeably result in harm to a child. The age and maturity of the child, the conditions
surrounding the neglectful conduct, the proximity of assistance available, the nature of the
environment in whic.h the child may have been left, the provisions made for care of the child, and
the location of the parent or adult responsible for the child relative to the location of the child,
among others, may be considered in determining whether the conduct constituted culpable
negligence.
(3) Harm. Actual physical or mental harm to the child is not required. The offense requires
that the accused's actions reasonably could have caused physical or mental harm or suffering.
However, if the accused's conduct does cause actual physical or mental harm, the potential
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00359 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.361</GPH>

340