Page 624 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10327

(f) Whether the conduct persisted despite counseling or orders to desist; the flagrancy of
the conduct, such as whether any notoriety ensued; and whether the extramarital conduct was
accompanied by other violations of the UCMJ;
(g) The negative impact of the conduct on the units or organizations of the accused, the co-
actor or the spouse of either of them, such as a detrimental effect on unit or organization morale,
teamwork, and efl:iciency;
(h) Whether the accused's or co-actor's marriage was pending legal dissolution, which is
defined as an action with a view towards divorce proceedings, such as the filing of a petition for
divorce; and
(i) Whether the extramarital conduct involves an ongoing or recent relationship or is
remote in time.
(2) Extramarital conduct. The conduct covered under this paragraph means any of the
following acts engaged in by persons of the same or opposite sex:
(a) genital to genital sexual intercourse;
(b) oral to genital sexual intercourse;
(c) anal to genital sexual intercourse; and
(d) oral to anal sexual intercourse.
(3) lv!arriage. A marriage exists until it is dissolved in accordance with the laws of a
competent state or foreign jurisdiction.
(4) regal Separation. It is an affinnative defense to the offense of Extramarital sexual
conduct that the accused, co-actor, or both were legally separated by order of a court of
competent jurisdiction. The affirmative defense does not apply unless all parties to the conduct
are either legally separated or unmarried at the time of the conduct.
(5)Nfi:-;take offact: A defense of mistake offact exists ifthe accused had an honest and
reasonable belief either that the accused and the co-actor were both unmatTied or legally
separated, or that they were lawfully married to each other. If this defense is raised by the
evidence, then the burden of proof is upon the United States to establish that the accused's belief
was unreasonable or not honest.
d. A1aximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 1 year.
e. Sample specification.
In that (personal jurisdiction data), (a married person), did, (at/on
board-location) (subject-matter jurisdiction data, if required), on or about 20 _,
wrongfully engage in extramarital conduct, (to wit: with , (a
person the accused knew was married to a person other than the accused) (a person the accused
knew was not the accused's spouse), and that such conduct was (to the prejudice of good order
and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the
prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon
the armed forces).

100. Article 134-----(Firearm, discharging-through negligence)
a. Text of statute. See paragraph 91.
b. Elements.
(1) That the accused discharged a firearm;
(2) That such discharge was caused by the negligence of the accused; and
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