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 __________, attempt to (create (violence) (a disturbance) by _________) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused did a certain act; that is, (state the act(s) alleged or raised by the evidence);
(2) That the act was done with specific intent to commit the offense of mutiny;
(3) That the act amounted to more than mere preparation; that is, it was a direct movement toward the commission of the offense; and
(4) That the act apparently tended to effect the commission of the offense of mutiny; that is, the act apparently would have resulted in the actual commission of mutiny except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (_________) which prevented completion of that offense.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
Proof that the offense of mutiny actually occurred or was completed by the accused is not required. However, it must be proved beyond reasonable doubt that, at the time of the act charged in the specification, the accused intended every element of the offense of mutiny. These elements are (list the elements of the offense of mutiny).
NOTE 1: Elements of mutiny. See Instruction 3a-18-1 or 3a-18-2, Mutiny, for the elements of mutiny.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, or Instruction 5-21, Voluntary Intoxication, as bearing on the issue of intent to commit mutiny, may be applicable.