NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: BCD, TF, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, on board __________, at (location), on or about __________, wrongfully and intentionally jump from __________, a vessel in use by the armed forces, into the (sea) (lake) (river).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused jumped from (state the name or description of the vessel), a vessel in use by the armed forces, into the water; and
(2) That such act by the accused was wrongful and intentional.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“In use by the armed forces” means any vessel operated by or under the control of the armed forces. This offense may be committed at sea, at anchor, or in port.
“Wrongful” means without legal justification or excuse.
“Intentional” means deliberately or on purpose.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.