Page 601 - Trump Executive Orders 2017-2021
P. 601

10304        Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents


                    (1) That the accused wrongfully engaged in a course of conduct directed at a specific person
                 that would cause a reasonable person to fear death or bodily harm, including sexual assault, to
                 himself or herself, to a member of his or her immediate family, or to his or her intimate partner;
                    (2) That the accused had knowledge, or should have had knowledge, that the specific person
                 would be placed in reasonable fear of death or bodily harm, including sexual assault, to himself
                 or herself, to a member of his or her immediate family, or to his or her intimate partner; and
                    (3) That the accused's conduct induced reasonable fear in the specific person of death or
                 bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate
                 family, or to his or her intimate partner.
                 c. Explanation.
                    (1) Bodily Harm. "Bodily harm" means any offensive touching of another, however slight,
                 including sexual assault. See subparagraph 77.c.( 1 ).
                    (2)  Threat. "Threat" means a communication, by words or conduct, of a present determination
                 or intent to cause bodily harm to a specific person, an immediate family member of that person,
                 or intimate partner of that person, presently or in the future.  The threat may be made directly to
                 or in the presence of the person it is directed at or towards, or the threat may be conveyed to such
                 person in some manner.  Actual intent to cause bodily harm is not required.
                 d.  A1aximum punishment. Dishonorable discharge, forfeiture of all  pay and allowances, and
                 confinement for 3 years.
                 e. Sample .~pec{fications.
                    In that            (personal jurisdiction data),  did (at/on board-location) (subject-matter
                 jurisdiction, if required), (on or about   20 _)(from about       to about       20 _),
                 engage in a course of conduct directed at       , that would cause a reasonable person to fear
                 (death) (bodily harm, to wit:       to (himselt) (herself) (a member of(his) (her) immediate
                 family) ((his) (her) intimate partner); that the accused knew or should have known that the
                 course of conduct would place       in reasonable fear of (death) (bodily harm, to wit_)
                 to (himself) (herself) (a member of (his) (her) immediate family) ((his) (her) intimate partner);
                 and that the accused's conduct placed      in reasonable fear of (death) (bodily harm, to
                 wit:_) to (himselt) (herself) (a member of (his) (her) immediate family) ((his) (her) intimate
                 partner).


                 81. Article 131 (10 U.S.C. 931)-Perjury
                 a.  Text o..lstatute.
                        Any  person  subject to  this  chapter who  in  a judicial proceeding  or in  a course  of
                 justice willfully and corruptly-
                               (1) upon a lawful oath ot· in any form allowed by law to be substituted for an
                 oath, gives any false testimony material to the issue or matter of inquiry; or
                               (2) in any declaration, certificate, verification, or statement under penalty of
                 perjury as permitted under section 1746 of title 28, subscribes any false statement material
                 to the issue or matter of inquiry;
                 is guilty of perjury and shall be punished as a court-mat·tial may direct.
                 b. Elements.
                    (1) Giving.false testimony.
                       (a) That the accused took an oath or affirmation in a certain judicial proceeding or course of
                 justice;
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