Page 585 - Trump Executive Orders 2017-2021

10288 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(2) Held. "Held" means detained. The holding must be more than a momentary or incidental
detention. For example, a robber who holds the victim at gunpoint while the victim hands over a
wallet, or a rapist who throws his victim to the ground, does not, by such acts, commit
kidnapping. On the other hand, if, before or after such robbery or rape, the victim is involuntarily
transported some substantial distance, as from a housing area to a remote area of the base or post,
this may be kidnapping, in addition to robbery or rape.
(3) Against the will. "Against that person's will" means that the victim was held involuntarily.
The involuntary nature of the detention may result from force, mental or physical coercion, or
from other means, including false representations. If the victim is incapable of having a
recognizable will, as in the case of a very young child or a mentally incompetent person, the
holding must be against the will of the victim's parents or legal guardian. Evidence of the
availability or nonavailability to the victim of means of exit or escape is relevant to the
voluntariness of the detention, as is evidence of threats or force, or lack thereof, by the accused
to detain the victim.
(4) Financial or per,<,·onal gain. The holding need not have been for financial or personal gain
or for any other particular purpose. Tt may be an aggravating circumstance that the kidnapping
was for ransom, however. See R.C.M. 1001 (b )(4).
(5) rVrongfully. "Wrongfully" means without justification or excuse. For example, a law
enforcement official may justifiably apprehend and detain, by force if reasonably necessary {.<see
R.C.M. 302(d)(3)), a person reasonably believed to have committed an offense. An official who
unlawfully uses the official's authority to apprehend someone is not guilty of kidnapping, but
may be guilty of unlawful detention. See paragraph 25.
d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for life without eligibility for parole.
e. ,S'ample ::,pecification.
,
In that __ (personal jurisdiction data), did, (at/on board-location) (subject-matter
jurisdiction data, if required), on or about __ 20 _,wrongfully (seize) (confine) (inveigle)
(decoy) (carry away) and hold __ (a minor whose parent or legal guardian the accused was
not) (a person not a minor) against (his) (her) will.

75. Article 126 (10 U.S.C. 926)-Arson; burning property with intent to defraud
a. 1'ext of statute.
(a) AGGRAVATED ARSON.-Any person subject to this chapter who, willfully and
maliciously, burns or sets on fire an inhabited dwelling, or any other structure, movable or
immovable, wherein, to the knowledge of that person, there is at the time a human being, is
guilty of aggravated arson and shall be punished as a court-martial may direct.
(b) SIMPLE ARSON.-Any person subject to this chapter who, willfully and
maliciously, burns or sets fire to the property of another is guilty of simple arson and shall
be punished as a court-martial may direct.
(c) BURNING PROPERTYWITHlNTENTTODEFRAUD.-Any person subject to this
chapter who, willfully, maliciously, and with intent to defmud, burns or sets fire to any
property shall be punished as a court-martial may direct.
b. Elements.
( 1) Aggravated arson.
(a) Inhabited dwelling.
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00402 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.404</GPH>
(i) That the accused burned or set on fire an inhabited dwelling; and

383