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: DD, TF, 1 year, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that ________ (personal jurisdiction data), (and __________) did, (at/onboard—location), on or about __________, fight a duel (with __________), using as weapons therefor (pistols) (swords) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused fought (state the name of the person alleged) with deadly weapons, that is: (state the weapons alleged);
(2) That the combat was for private reasons; and
(3) That the combat was by prior agreement.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “deadly weapon” is one which is used in a manner likely to produce death or grievous bodily harm. A weapon is “likely” to produce death or grievous bodily harm when the probable results of its use would be death or serious bodily injury (although this may not be the use to which the instrument is ordinarily put). It is not necessary that death or serious bodily harm actually occur.