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, on or about __________, while serving as __________ (aboard) (on) the __________ in the vicinity of __________, willfully and wrongfully (hazard the said (vessel) (aircraft)) (suffer the said (vessel) (aircraft)) to be hazarded) by (causing the said (vessel) (aircraft) to collide with __________) (allowing the said vessel to run aground) (allowing said aircraft to __________) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the (state the said vessel or aircraft), a (vessel) (aircraft) of the armed forces, was hazarded by (state the manner of hazarding alleged); and
(2) That the accused by (his) (her) acts or omissions willfully and wrongfully caused or suffered the (vessel) (aircraft) to be hazarded.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Hazard” means to put a (vessel) (aircraft) in danger of loss or injury. Actual damage to, or loss of, the (vessel) (aircraft), though not required, is conclusive evidence that the (vessel) (aircraft) was hazarded but not of the fact of culpability on the part of any particular person.
“Willfully” means intentionally or on purpose.
“Wrongfully” means contrary to law, regulation, lawful order, or custom.
(“Vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.)
(“Aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in air. (“Aircraft” also includes remotely piloted aircraft and unmanned aerial vehicles.)
“Suffered” means allowed or permitted. (A ship or aircraft is willfully suffered to be hazarded by one who, although not in direct control of the ship or aircraft, knows a danger to be imminent but takes no steps to prevent it.)
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), should be used when appropriate.