NOTE: 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: 2/3 x 3 months, 3 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), a prisoner, was (at/on board—location), on or about __________, found drunk.
c. ELEMENTS:
(1) That the accused was a prisoner; and
(2) That (state the time and place alleged), while a prisoner, the accused was drunk.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “prisoner” is a person who is in confinement or custody imposed pursuant to lawful apprehension, pre-trial restraint, or pre-trial confinement, or by the sentence of a court-martial, who has not been set free by a person with authority to release the prisoner.
“Drunk” means either (1) the state of intoxication by alcohol that is sufficient to impair the rational and full exercise of mental or physical faculties or (2) the state of meeting or exceeding a blood alcohol content limit with respect to alcohol concentration in a person's blood of 0.08 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person's breath of 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis.