Page 606 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10309

In that (personal jurisdiction data), having knowledge that had
actually committed a serious offense to wit: (the murder of ( , did, (at/on
board-location) (subject-matter jurisdiction data, if required), from about __ 20 _,to about
__ 20 _,wrongfully conceal such serious offense by and fail to make the same
known to the civil or military authorities as soon as possible.

85. Article 131d (10 U.S.C. 931d)-,Vrongful refusal to testify
a. Text of statute.
Any person subject to this chapter who, in the presence of a court-martial, a board of
officers, a military commission, a com·t of inquiry, preliminary hearing, or an officer taking
a deposition, of or for the lJ nited States, wrongfully refuses to qualify as a witness or to
answer a question after having been directed to do so by the person presiding shall be
punished as a court-martial may direct.
b. Elements.
(1) That the accused was in the presence of a court-martial, board of officers, military
commission, court of inquiry, an officer conducting a preliminary hearing under Article 32, or an
officer taking a deposition, of or for the United States, at which a certain person was presiding;
(2) That the said person presiding directed the accused to qualify as a witness or, having so
qualified, to answer a certain question;
(3) That the accused refused to qualify as a witness or answer said question; and
(4) That the refusal was wrongful.
c. Explanation. "To qualify as a witness" means that the witness declares that the witness will
testify truthfully. See R.C.M. 807; Mil. R. Evid. 603. A good faith but legally incorrect belief in
the right to remain silent does not constitute a defense to a charge of wrongful refusal to testify.
See also 1\1il. R. Evid. 301 and Section V of the Military Rules of Evidence.
d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample specification.
In that (personal jurisdiction data), being in the presence of (a) (an) ((general)
(special) (summary) court-martial) (board of officers) (military commission) (court of inquiry)
(officer conducting a preliminary hearing under Article 32, Uniform Code of Military Justice)
(otlicer taking a deposition) ( ) (ot) (for) the United States, of which __ was (military
judge) (president), ( ), (and having been directed by the said __ to qualify as a witness)
(and having qualified as a witness and having been directed by the said __ to answer the
following question(s) put to (him) (her) as a witness, " __ "), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _,wrongfully refuse (to qualify as
a witness) (to answer said question(s)).

86. Article 131e (10 U.S.C. 931e)-Prevention of authorized seizure of property
a. Text of statute.
Any pet·son subject to this chapter who, knowing that one m· more persons authorized
to make searches and seizures are seizing, are about to seize, or are endeavoring to seize
property, destt·oys, removes, or otherwise disposes of the property with intent to prevent the
seizure thereof shall be punished as a court-mat·tial may direct.
b. Elements.
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