Page 643 - Trump Executive Orders 2017-2021

10346 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

Sec.~· Appendix 12A of the :Manual for Courts-Martial, United States is amended to read
as follows:
APPENDIX 12A

This Appendix contains the list of lesser included offenses prescribed by the President in EO
XX:XXX under Article 79(b )(2) as "reasonably included" in the greater offense. See Part IV,
paragraph 3.b. of this Manual for an explanation regarding the offenses designated under Article
79(b )(2). This is not an exhaustive list of lesser included offenses. For offenses that may or may
not be lesser included offenses, see R.C.M. 307(c)(3) and its accompanying Discussion regarding
charging in the alternative.

PRESIDENTIALLY -PRESCRIBED LESSER INCLUDED OFFENSES

Article Offense Lesset· Included Offense
84 Breach of medical quarantine Art. 87b -Breach of restriction

85 Desertion
-Desertion 1vith intent to remain mvay Art. 86 -Absence without leave
permanently
-Desertion with intent to avoid hazardous Art. 86 Absence without leave
duty or shirk important service
-Desertion before notice of acceptance of Art. 86 -Absence without leave
resignation
-Attempted desertion Art. 86- Absence without leave

87 Missing movement; jumping from vessel
-1v1issing movement by design Art. 86 -Absence without leave
Art. 87 -Missing movement by neglect
-lvlissing movement by neglect Art. 86 Absence without leave

87b Offenses against correctional custody and
restriction
-Escape.from correctional custody Art. 87b- Breach of correctional custody

89 Disrespect toward superior commissioned
officer; assault of superior commissioned
officer
-Striking or assaulting superior Art. 128- Simple assault
commissioned officer Art. 128- Assault consummated by a
battery
Art. 128 Assault upon a commissioned
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officer not in the execution of office

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