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. (Cirteria)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, without proper authority, knowingly (harbor) (protect) __________, an enemy, by (concealing the said __________ in his/her house) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused, without proper authority, harbored or protected (a) certain person(s), namely: (state the name or description of the enemy alleged to have been harbored or protected);
(2) That the accused did so by (state the manner alleged);
(3) That (state the name or description of the enemy alleged to have been harbored or protected) was an enemy; and
(4) That the accused knew that the person so protected was an enemy.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
An enemy is “harbored” or “protected” when, without proper authority, that enemy is shielded, either physically or by the use of any trick, aid, or representation, from an injury or mishap which, in the chance of war, may occur.
“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 (Knowledge), is ordinarily applicable.