Page 627 - Trump Executive Orders 2017-2021

10330 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(5) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of
good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed
forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to
bring discredit upon the armed forces.
c. Explanation.
( 1) Nature of offense. Negligent homicide is any unlawful homicide which is the result of simple
negligence. An intent to kill or injure is not required.
(2) Simple negligence. Simple negligence is the absence of due care, that is, an act or omission
of a person who is under a duty to use due care which exhibits a lack of that degree of care of the
safety of others which a reasonably careful person would have exercised under the same or similar
circumstances. Simple negligence is a lesser degree of carelessness than culpable negligence. See
subparagraph 57.c.(2)(a).
d. ft./[aximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
con±lnement for 3 years.
e. Sample spec{fication.
Tn that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _, unlawfully kill __ , (by
negligently the said (in) (on) the with a (by driving a (motor vehicle)
),
( __ ) against the said in a negligent manner) ( __ and that said 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 was of a nature
to bring discredit upon the armed forces).

104. Article 134-(Indecent conduct)
a. [ext of Statute. See paragraph 91.
b. ~'fements.
(1) That the accused engaged in certain conduct;
(2) That the conduct was indecent; and
(3) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice
of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the
armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a
nature to bring discredit upon the anned forces.
c. Explanation.
( 1) "Indecent" means that fonn of immorality relating to sexual impurity which is grossly
vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or
deprave morals with respect to sexual relations.
(2) Indecent conduct includes offenses previously proscribed by "Indecent acts with another"
except that the presence of another person is no longer required. For purposes of this offense, the
words "conduct" and "act" are synonymous. For child offenses, some indecent conduct may be
included in the definition oflewd act and preempted by Article 120b(c). See subparagraph
91.c.(5)(a).
d.lvfaximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
con±lnement for 5 years.
e. Sample specification.
In that (personal jurisdiction data), did (at/on board-location) (subject-matter
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, commit indecent conduct, to wit:
20
jurisdiction data, if required), on or about
425