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, 5 year, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, with intent to prevent its seizure, (destroy) (remove) (dispose of) __________, property which, as __________ then knew, (a) person(s) authorized to make searches and seizures were (seizing) (about to seize) (endeavoring to seize).
c. ELEMENTS:
(1) That (state the name(s) of the person(s) alleged), (a person) (persons) authorized to make searches and seizures (was) (were) seizing, about to seize, or endeavoring to seize certain property, to wit: (state the property alleged);
(2) That (state the time and place alleged), the accused (destroyed) (removed) (disposed of) (state the property alleged) with the intent to prevent its seizure; and
(3) That the accused then knew that (state the name(s) of the person(s) alleged) (was) (were) seizing, about to seize, or endeavoring to seize (state the property alleged).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
(“Dispose of,” as used in this specification, means an unauthorized transfer, relinquishment, getting rid of, or abandonment of the property.)
(Property may be considered “destroyed” if it has been sufficiently injured to be useless for the purpose for which it was intended, even if it has not been completely destroyed.)
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent and Knowledge), is ordinarily applicable.