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 __________, a time of war, give to __________, a person entitled to receive and use the (parole) (countersign), a (parole) (countersign), namely: __________ which was different from that which, to (his) (her) knowledge, (he) (she) was authorized and required to give, to wit: __________.
c. ELEMENTS:
(1) That, in time of war, the accused knew that (he) (she) was authorized and required to give a certain parole or countersign, namely: (state the parole or countersign allegedly authorized and required);
(2) That (state the name of the recipient alleged) was a person entitled to receive and use this parole or countersign; and
(3) That (state the time and place alleged), the accused gave to (state the name of the recipient alleged) a parole or countersign namely, (state the parole or countersign actually given), which was different from the parole or countersign which (he) (she) was authorized and required to give.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “countersign” is a word, signal, or procedure given from the headquarters of a command to aid guards and sentinels in their scrutiny of persons who seek to pass the lines. It consists of a secret challenge and a password, signal, or procedure.
A “parole” is a word used as a check on the countersign; it is made known only to those who are entitled to inspect guards and to commanders of guards.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.