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 __________, aid the enemy with (arms) (ammunition) (supplies) (money) (_________), by (furnishing and delivering to __________, members of the enemy’s armed forces _________) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused aided the enemy, namely: (state the name or description of the enemy who purportedly received the aid);
(2) That the accused did so with certain (arms) (ammunition) (supplies) (money) (__________) by (state the manner in which the aid was allegedly supplied ).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
To “aid the enemy” means to furnish the enemy with (arms) (ammunition) (supplies) (money) (__________), (whether or not the articles furnished were needed by the enemy) (and) (whether or not the transaction was a sale or a donation).
“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.