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) In time of war or while receiving special pay under 37 USC Section 310: DD, TF, 2 years, E-1. (Criteria)
(2) Other cases: BCD, TF, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), while posted as a (sentinel) (lookout), did, (at/on board—location) (while receiving special pay under 37 USC Section 310) on or about __________, (a time of war) (loiter) (wrongfully sit down) on (his) (her) post.
c. ELEMENTS:
(1) That the accused was posted as a (sentinel) (lookout); (and)
(2) That (state the time and place alleged), while posted as a (sentinel) (lookout), the accused (loitered) (wrongfully sat down) on post; [and]
NOTE 2: Aggravating factor(s) alleged. If the offense is alleged to have been committed in time of war or while the accused was receiving special pay under 37 USC §310, add the following element:
[(3)] That the accused was so posted (in time of war) (while receiving special pay under 37 USC §310).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “sentinel” or a “lookout” is a person whose duties include the requirement to maintain constant alertness, be vigilant, and remain awake, in order to observe for the possible approach of the enemy, or to guard persons, property, or a place and to sound the alert, if necessary.
(“Post” is the area where the sentinel or lookout is required to be for the performance of duties. It is not limited by an imaginary line, but includes, according to orders or circumstances, such surrounding area as may be necessary for the proper performance of the duties for which the sentinel or lookout was posted.) A sentinel or lookout becomes “on post” after having been given a lawful order to go “on post” as a sentinel or lookout and being formally or informally posted. The fact that a sentinel or lookout is not posted in the regular way is not a defense. It is sufficient, for example, if the sentinel or lookout has taken the post in accordance with proper instruction, whether or not formally given.
(A sentinel or lookout is “on post” within the meaning of this offense not only when at a post physically defined, as is ordinarily the case in garrison or aboard ship, but also, for example, when stationed in observation against the approach of an enemy, or detailed to use any equipment designed to locate friend, foe, or possible danger, or at a designated place to maintain internal discipline, or to guard stores, or to guard prisoners while in confinement or at work.)
(“Loiter” means to stand around, to move about slowly, to linger, or to lag behind when that conduct is in violation of known instructions or accompanied by a failure to give complete attention to duty.)