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, 1 year, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), having knowledge that __________ and __________ were about to engage in a duel, did (at/on board—location), on or about __________, connive at the fighting of said duel by (failing to take reasonable preventive action) (__________).
c. ELEMENTS:
(1) That (state the names of the alleged duelers) intended to and were about to engage in a duel;
(2) That the accused had knowledge of the planned duel; and
(3) That (state the time and place alleged), the accused connived at the fighting of the duel by (state the manner alleged).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
Anyone who knows that steps are being or have been taken toward arranging or fighting a duel and who fails to take reasonable preventive action thereby connives at the fighting of a duel.
“Duel” means combat between two persons for private reasons fought with deadly weapons by prior agreement.
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 injury actually occur.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.