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: 2/3 x 1 month, 1 month, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), having been restricted to the limits of __________, by a person authorized to do so, did, (at/on board—location), on or about __________, break said restriction.
c. ELEMENTS:
(1) That (state the name to the person who ordered restriction) ordered the accused to be restricted to the limits of (state the limits of the restriction alleged);
(2) That (state the name to the person who ordered restriction) was authorized to order this restriction;
(3) That the accused knew of the restriction and the limits thereof; and
(4) That (state the time and place alleged), the accused went beyond the limits of the restriction before being released therefrom by proper authority.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Restriction” is the moral restraint of a person imposed by an order directing a person to remain within certain specified limits.
NOTE 2: Proof of underlying offense prohibited. It is neither necessary nor permissible to prove the offense for which the restriction or any additional punishment was imposed. Proof simply of the status of restriction is sufficient. When documentary evidence is used to establish that the restriction was properly imposed, it should be masked to avoid reference to the offense for which the accused was originally punished. The following instruction, may be applicable:
(The Article 15) (court-martial promulgating order) (stipulation) (testimony of __________) (__________) was admitted into evidence solely for the purpose of its tendency, if any, to show that the accused may have been in a restricted status at the time and place referred to in the specification. You must disregard any evidence of possible misconduct which may have resulted in the accused’s punishment to restriction and you should not speculate about the nature of that possible misconduct.
NOTE 3: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.