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: DD, TF, 3 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and unlawfully [(alter) (conceal) (remove) (mutilate) (obliterate) (destroy)] [take with the intent to (alter) (conceal) (remove) (mutilate) (obliterate) (destroy)] a public record, to wit: __________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused [altered, concealed, removed, mutilated, obliterated, or destroyed] [took with the intent to alter, conceal, remove, mutilate, obliterate, or destroy] a public record, namely: (state the record alleged); and
(2) That the [(altering) (concealing) (removing) (mutilating) (obliterating) (destroying)] [(taking)] was willful and unlawful.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Willfully” means intentionally or on purpose.
“Public records” include records, reports, statements, or data compilations in any form of public offices or agencies, setting forth the activities of the office or agency, or matters observed pursuant to duty imposed by law as to which matters there was a duty to report. (Public records include classified matters.)
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, and Instruction 5-21, Voluntary Intoxication, as bearing on the issue of intent to alter, conceal, etc., may be applicable.