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: BCD, TF, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, unlawfully (strike) (__________) __________ (on) (in) the __________ with __________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused did bodily harm to (state the name of the alleged victim) by (state the manner alleged);
(2) That the bodily harm was done unlawfully; and
(3) That the bodily harm was done with force or violence.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional (or a culpably negligent) act or omission.
“Bodily harm” means an offensive touching of another, however slight.
An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim.
(“Culpable negligence” is a degree of carelessness greater than simple negligence. “Simple negligence” is the absence of due care. The law requires everyone at all times to demonstrate the care for the safety of others that a reasonably careful person would demonstrate under the same or similar circumstances; that is what “due care” means. “Culpable negligence,” on the other hand, is a negligent (act) (or) (failure to act) accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others, instead of merely a failure to use due care.)