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: Death or other lawful punishment. (Criteria)
b. SAMPLE SPECIFICATION:
In that __________, (personal jurisdiction data) with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location), on or about __________, refuse, in concert with __________ (and __________) (others whose names are unknown), to (obey the orders of __________ to __________) (perform (his) (her) duty as __________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused refused to (obey the orders of __________ to __________) (perform (his) (her) duty as __________);
(2) That the accused in refusing to (obey the order) (perform this duty) acted in concert with (another) (other) person(s), namely, (__________) (and) (__________) (others whose names are unknown); and
(3) That the accused in pursuance of a common intent with another did so with intent to (usurp) (override) lawful military authority.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
This offense involves collective insubordination and requires some combination of two or more persons acting together in resisting lawful military authority. “In concert with” means together with, in accordance with a common intent, design, or plan, regardless of whether this intent, design, or plan was developed at some earlier time. There must be concerted action with at least one other person who also shares the accused’s intent to (usurp) (and) (override) lawful military authority. (It is not necessary that the act of insubordination be active or violent.) It consists of a persistent and joint (refusal) (failure) to (obey orders) (perform duty) with an insubordinate intent, that is, an intent to (usurp) (and) (override) lawful military authority. (“Usurp” means to seize and to hold by force or without right.) (“Override” means to set aside or supersede.)
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. Instructions 3a-16-1, Willfully Disobeying a Superior Commissioned Officer, 3a-17-2, Willfully Disobeying a Warrant, Noncommissioned, or Petty Officer, 3a-18-1, Violating General Order or Regulation, and 3a-18-2, Violating Other Written Order or Regulation, may also be helpful in tailoring appropriate instructions.
e. REFERENCES: US v. Duggan, 15 CMR 396 (CMA 1954).