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) did, (at/on board—location), on or about __________, attempt to compel __________, the commander of __________, (to give up to the enemy) (to abandon) said __________, by __________.
c. ELEMENTS:
(1) That (state the name and rank of the person alleged) was the commander of (state the name of the place, vessel, aircraft, military property, or body of members of the armed forces, as alleged);
(2) That (state the time and place alleged), the accused did a certain overt act that is, (state the act(s) alleged or raised by the evidence);
(3) That the act was done with the intent to compel (state the name and rank of the commander alleged) to (give up to the enemy) (abandon) the (state the name of the place, vessel, aircraft, military property, or body of members of the armed forces, as alleged);
(4) That the act amounted to more than mere preparation; that is, it was a direct movement toward the commission of the offense of compelling surrender; and
(5) That the act apparently tended to bring about the offense of compelling (surrender) (abandonment), (that is, the act apparently would have resulted in the actual commission of the offense of compelling (surrender) (abandonment) except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (__________) which prevented the completion of that offense).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
While actual abandonment or surrender is not required, there must be some act done with this purpose in mind, even if it falls short of actual accomplishment.
(“Abandon” means to completely separate oneself from all further responsibility to defend that (place) (vessel) (aircraft) (military property) (body of members of the armed forces). (Stated differently, “abandon” means (relinquishing control) (giving up) (yielding) (leaving) because of threatened dangers or encroachments.)) (“Give up to the enemy” means surrender.)
“Enemy” includes organized opposing forces 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 the citizens of the other.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. See Instruction 3-4-1, Attempts, for the standard instruction on this subject.