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, 2 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, unlawfully (strike) (__________) __________, (a child under the age of 16 years), (in) (on) 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;
(3) That the bodily harm was done with force or violence; and
(4) That (state the name of the alleged victim) was then a child under the age of 16 years.
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.)
NOTE 2: Accused’s knowledge of child’s age. When the alleged victim is a child under the age of 16 years, the following instruction may be appropriate.
Knowledge that the person assaulted was under the age of 16 years is not an element of the offense. Accordingly, if you are convinced beyond a reasonable doubt that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense(s), you are advised that the prosecution is not required to prove that the accused knew that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense(s), and it is not a defense to battery upon a child even if the accused reasonably believed that (state the name of the alleged victim) was at least 16 years old.