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: 2/3 x 6 months, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (cause) (participate in) a breach of the peace by (wrongfully engaging in a fist fight in the dayroom with __________) (using the following provoking language (toward __________), to wit: “__________,” or words to that effect) (wrongfully shouting and singing in a public place, to wit: __________) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused (caused) (participated in) an act of a violent or turbulent nature by (state the manner alleged); and
(2) That the peace was thereby unlawfully disturbed.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A breach of the peace is an unlawful disturbance of the peace by an outward demonstration of a violent or turbulent nature. It consists of acts or conduct that disturb the public tranquility or impinge upon the peace and good order to which the community is entitled. (Engaging in an affray and unlawful discharge of firearms in a public street are examples of conduct which may constitute a breach of the peace.) (Loud speech and unruly conduct may also constitute a breach of the peace by the speaker. A speaker may also be guilty of causing a breach of the peace if the speaker uses language which can reasonably be expected to produce a violent or turbulent response and a breach of the peace results.)
The word “community” includes within its meaning a (military organization) (post) (camp) (ship) (aircraft) (station) (__________).
NOTE 2: Self-defense raised. Self-defense would constitute a defense to a charge of breach of the peace when the sole basis of the charge consists of an assault.