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: DD, TF, life without eligibility for parole, E-1. (Criteria)
b. SAMPLE SPECIFICATION:
In that __________, (personal jurisdiction data) while in the hands of the enemy, did, (at/on board— location), on or about __________, a time of war, without proper authority and for the purpose of securing favorable treatment by (his) (her) captors, (report to the commander of Camp __________ the preparations by __________, a prisoner at said camp, to escape, as a result of which report the said __________ was placed in solitary confinement) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused acted without proper authority in a manner contrary to law, custom, or regulation by (state the act(s) alleged and the resulting detriment allegedly suffered);
(2) That the act(s) (was) (were) committed while the accused was in the hands of the enemy in time of war;
(3) That the act(s) (was) (were) done for the purpose of securing favorable treatment of the accused by (his) (her) captors; and
(4) That other prisoners, either military or civilian, held by the enemy suffered some detriment because of the accused’s act(s).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.
“Detriment” includes, but is not limited to, closer confinement, reduced rations, physical punishment, or other harm.
NOTE 2: Time of war in issue. When it is clear as a matter of law that the offense was committed “in time of war,” this should be resolved as an interlocutory question and the members should be so advised. See RCM 103(21). However, if there is a factual dispute involved, it should be resolved by the members in connection with their determination of guilt or innocence.
NOTE 3: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.