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:
(1) $1000 or less: BCD, TF, 1 year, E-1. (Category 1)
(2) More than $1000: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, [(willfully) recklessly) waste __________] [(willfully) (recklessly) spoil __________], (of a value of (about) $__________), (the amount of said damage being in the sum of (about) $ _________), the property of __________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused (willfully) (recklessly) (wasted) (spoiled), certain real property, namely: (describe the property alleged) by (state the manner alleged);
(2) That the property belonged to (state the name of the owner alleged); and
(3) That the property was of a value of $_________ (or some lesser amount, in which case the finding should be in the lesser amount).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
(“Waste”) (and) (“Spoil”) means to wrongfully and voluntarily destroy or permanently damage real property (, such as burning down buildings, burning piers, tearing down fences, or cutting down trees).
NOTE 2: If willfulness is alleged. If the act was alleged as willful, the following is ordinarily applicable:
“Willfully” means intentionally or on purpose.
NOTE 3: If recklessness is alleged. If recklessness is alleged, the following instruction should be given:
“Recklessly” means a degree of carelessness greater than simple negligence. Negligence is the absence of due care, that is, (an act) (failure to act) by a person who is under a duty to use due care which demonstrates a lack of care for the property of others which a reasonably prudent person would have used under the same or similar circumstances. Recklessness, on the other hand, is a negligent (act) (failure to act) with a gross, deliberate, or wanton disregard for the foreseeable results to the property of others.
NOTE 4: Lesser included offense. Recklessly wasting or spoiling is a lesser included offense of willfully wasting and spoiling.
NOTE 5: Other instructions. Instruction 7-16, Variance - Value, Damage, or Amount, is ordinarily applicable. Also, Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.