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 __________, force a safeguard (known by (him) (her) to have been placed over the premises occupied by __________ at __________ by (overwhelming the guard posted for the protection of the same) (__________)) (__________).
c. ELEMENTS:
(1) That a safeguard had been issued or posted for the protection of (state the persons, place, and/or property allegedly protected);
(2) That the accused knew or should have known of the safeguard; and
(3) That (state the time and place alleged), the accused forced the safeguard by (state the manner alleged).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“A safeguard” is a (detachment, guard, or detail posted by a commander) (written order left by a commander with an enemy subject or posted upon enemy property) for the protection of persons, places, or property of an enemy or neutral.
“Force the safeguard” means to perform (an) act(s) which violate(s) the protection of the safeguard. Any trespass on the protection of the safeguard will constitute an offense under this article, whether the offense was imposed in time of war or in circumstances amounting to a state of belligerency short of a formal state of war.
Actual knowledge of the safeguard by the accused is not required. It is sufficient if an accused should have known of the existence of the safeguard.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), may be applicable. However, proof of actual knowledge is not required; it is sufficient if the accused should have known of the existence of the safeguard.