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10290 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents
includes burning or setting fire to real or personal property of someone other than the offender.
See subparagraph 75.c.(l) for discussion ofwillful and malicious.
(4) Burninglvith the intent to defraud. See subparagraph 70.c.(14) for a discussion of intent to
defraud.
d. Nfaximum punishment.
(!)Aggravated arson. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 25 years.
(2) Simple arson-
( a) TJlhere the property is Q[some value. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 5 years.
(b) Where the property is Q[ a value Q[more than $1,000. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 10 years.
(3) Rurning with intent to de.fi·aud. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 10 years.
e. Sample .~pec{ficalions.
(1) Aggravated arson.
(a) Inhabited dwelling.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20 willfully and maliciously (burn)
(set on fire) an inhabited dwelling, to wit: (a house) (an apartment), _____
,
(b) Structure.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _,willfully and maliciously (burn)
(set on fire), knowing that a human being was therein at the time, (the Post Theater)
( ___ -/
(2) Simple arson.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _,willfully and maliciously (bum)
(set tire to) (an automobile) (of some value) (of a value of more than $1,000), the
property of another.
(3) Burning with intent to defraud.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _,willfully and maliciously (bum)
(set fire to) (a dwelling) (a barn) (an automobile) ( , with intent to defraud (the insurer
thereof, to wit: ).
76. Article 127 (10 U.S.C. 927)-Extortion
a. Text ofstatute.
Any person subject to this chapter who communicates threats to another person
with the intention thereby to obtain anything of value or any acquittance, advantage, or
immunity is guilty of extortion and shall be punished as a court-martial may direct.
b. Elements.
(1) That the accused communicated a certain threat to another; and
(2) That the accused intended to unlawfully obtain something of value, or any acquittance,
advantage, or immunity.
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c. Explanation.
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