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 a challenge to fight a duel (had been sent) (was about to be sent) by __________ to __________, did, (at/on board—location) on or about __________, fail to report that fact promptly to the proper authority.
c. ELEMENTS:
(1) That a challenge to fight a duel (had been sent) (was about to be sent) by __________ to __________;
(2) That the accused had knowledge of this challenge; and
(3) That (state the time and place alleged), the accused failed to report this fact promptly to the proper authority.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Challenge” means an invitation, summons, or request to fight a duel.
“Duel” means combat between two persons for private reasons 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.