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 __________, wrongfully use (provoking) (reproachful) (words, to wit: “__________” or words to that effect) (and) (gestures, to wit: __________) towards (Sergeant __________, U.S. Air Force) (__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused wrongfully used certain (words) (and) (gestures) that is: (state the words or gestures allegedly used) toward (state the name of the person alleged);
(2) That the (words) (and) (gestures) used were provoking or reproachful; and
(3) That the person toward whom the (words) (and) (gestures) were used was a person subject to the Uniform Code of Military Justice.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Wrongfully” means without legal justification or excuse.
“Provoking” and “reproachful” describe those (words) (and) (gestures) which are used in the presence of the person to whom they are directed and which a reasonable person would expect to induce a breach of the peace under the circumstances. Proof that a breach of the peace actually occurred is not required.
It is not necessary that the accused have knowledge that the person toward whom the (words) (and) (gestures) are directed is a person subject to the Uniform Code of Military Justice.
(Provoking and reproachful (words) (and) (gestures) do not include reprimands, censures, reproofs and the like which may properly be administered in the interests of training, efficiency, or discipline in the armed forces.)
NOTE 2: Wrongfulness. Words and gestures are not wrongful if made in jest or for an innocent or legitimate purpose. If the evidence raises a legitimate purpose for the words or gestures which would negate wrongfulness (for example, if the evidence reasonably raises that the accused used the words or gestures in self-defense or in defense of property), the military judge must, sua sponte, instruct carefully and comprehensively on the issue.