NOTE: 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 year, 1 year, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, unlawfully drink alcohol with __________, a prisoner.
c. ELEMENTS:
(1) That (state the name of the prisoner) was a prisoner; and
(2) That (state the time and place alleged) the accused unlawfully drank (an) alcoholic beverage(s) with (state the name of the prisoner).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “prisoner” is a person who is in confinement or custody imposed pursuant to lawful apprehension, pre-trial restraint, or pre-trial confinement, or by the sentence of a court-martial, who has not been set free by a person with authority to release the prisoner.
“Unlawfully drank” means that the accused drank alcohol with the prisoner without being granted specific authority to do so by a competent authority.