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:
(1) To a warrant officer: BCD, TF, 9 months, E-1. (Category 1)
(2) To superior noncommissioned or petty officer: BCD, TF, 6 months, E-1. (Category 1)
(3) To other noncommissioned or petty officer: 2/3 x 3 months, 3 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data) (at/on board—location), on or about _________, [did treat with contempt] [was disrespectful in (language) (deportment) toward] __________, a __________ officer, then known by the said __________ to be a (superior) __________ officer, who was then in the execution of (his) (her) office, by (saying to (him) (her), “__________,” or words to that effect) (spitting at (his) (her) feet) (__________).
c. ELEMENTS:
(1) That (state the time alleged), the accused was (an enlisted service member) (a warrant officer);
(2) That (state the time and place alleged), the accused [(did) (omitted) (a) certain act(s)] [used certain language], to wit: ________;
(3) That the accused’s (behavior) (language) was used toward and within sight or hearing of (state the name and rank or grade of the person alleged);
(4) That the accused then knew that (state the name and rank or grade of the person alleged) was a (noncommissioned) (warrant) (petty) officer;
(5) That (state the name and rank or grade of the person alleged) was then in the execution of his/her office; (and)
(6) That, under the circumstances, by such (behavior) (language), the accused (treated with contempt) (was disrespectful toward) (state the name and rank or grade of the person alleged);
NOTE 2: If victim is alleged to have been the superior of the accused. If the specification alleges that the victim was the superior noncommissioned officer or petty officer of the accused, the military judge must instruct on the following two elements:
[(7)] That (state the name and rank or grade of the person alleged) was the superior (noncommissioned) (petty) officer of the accused; and
[(8)] That the accused then knew that (state the name and rank or grade of the person alleged) was (his) (her) superior (noncommissioned) (petty) officer.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A (noncommissioned) (warrant) (petty) officer is “in the execution of his/her office” when engaged in any act or service required or authorized by treaty, statute, regulation, the order of a superior, or military usage.
(The term “(noncommissioned) (petty) officer” does not include an acting (noncommissioned) (petty) officer.)
(“Superior (noncommissioned) (petty) officer” means a (noncommissioned) (petty) officer superior in rank to the accused.)
(“Contempt” means insulting, rude, and disdainful conduct, or otherwise disrespectfully attributing to another qualities of meanness, disreputableness, or worthlessness.)
(“Disrespectful” means behavior that detracts from the respect due the authority and person of a (warrant) (noncommissioned) (petty) officer. It may consist of acts or language, however expressed, and it is immaterial whether they refer to the (warrant) (noncommissioned) (petty) officer as an officer or as a private individual.)
(Disrespect by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. Truth is no defense.)
(Disrespect by acts includes (neglecting the customary salute, or) showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of the (warrant) (noncommissioned) (petty) officer.)
NOTE 3: Divestiture of status raised. When the issue has arisen whether the officer’s conduct divested that officer of the status as a noncommissioned, warrant, or petty officer acting in the execution of office, the following instruction is appropriate:
The evidence has raised an issue as to whether (state the name and rank or grade of the person alleged) conducted himself/herself prior to the alleged offense in a manner which took away his/her status as a (noncommissioned) (warrant) (petty) officer acting in the execution of his/her office. A (noncommissioned) (petty) (warrant) officer whose own (language) (and) (conduct) under all the circumstances departs substantially from the required standards appropriate for that individual’s rank and position under similar circumstances is considered to have abandoned that rank and position. In determining this issue, you must consider all the relevant facts and circumstances (including but not limited to (here the military judge may specify significant evidentiary factors bearing on the issue and indicate the respective contentions of counsel for both sides)).
You may find the accused guilty of (specify the offense(s)) only if you are satisfied beyond a reasonable doubt that (state the name and rank or grade of the person alleged) did not abandon his/her status as a (noncommissioned) (warrant) (petty) officer acting in the execution of his/her office.
NOTE 4: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.