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 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 did a certain act, namely: (state the manner in which the giving of aid was allegedly attempted);
(2) That (state the name or description of the enemy who purportedly was to receive the aid) was an enemy;
(3) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money or other things;
(4) That the act amounted to more than mere preparation; that is, it was a direct movement toward the offense of aiding the enemy; and
(5) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money or other things; that is, the act apparently would have resulted in the actual commission of the offense of aiding the enemy except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (__________) which prevented the completion of the offense).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
Proof that the offense of aiding the enemy actually occurred or was completed is not required.
To “aid the enemy” means to furnish it 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. See Instruction 3-4-1, Attempts, for the standard instruction on the subject.