2008 edition - Fort Sam Houston - U.S. Army

41.f.(1)
w i t h ( a n d ) ( a n d )
( o t h e r s t o t h e n u m b e r o f
about whose names are unknown)
f o r t h e p u r p o s e o f ( r e s i s t i n g t h e p o l i c e
o f ) ( a s s a u l t i n g p a s s e r s - b y )
( ), and in furtherance of said purpose
did (fight with said police) (assault certain pers
o n s , t o w i t : ) ( ) , t o
the terror and disturbance of .
(2) Breach of the peace.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , (cause) (participate in)
a breach of the peace by (wrongfully engaging in a
fist fight in the dayroom with ) (using
t h e f o l l o w i n g p r o v o k i n g l a n g u a g e ( t o -
ward ), to wit: “ ,” or
words to that effect) (wrongfully shouting and singi
n g i n a p u b l i c p l a c e , t o w i t : )
( ).
42. Article 117—Provoking speeches or
gestures
a. Text of statute.
Any person subject to this chapter who uses
provoking or reproachful words or gestures towards
any other person subject to this chapter
shall be punished as a court-martial may direct.
b. Elements.
(1) That the accused wrongfully used words or
gestures toward a certain person;
(2) That the words or gestures used were provoking
or reproachful; and
(3) That the person toward whom the words or
gestures were used was a person subject to the code.
c. Explanation.
( 1 ) I n g e n e r a l . A s u s e d i n t h i s a r t i c l e ,
“provoking” and “reproachful” describe those words
or 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. These words and
gestures do not include reprimands, censures, reproofs
and the like which may properly be administ
e r e d i n t h e i n t e r e s t s o f t r a i n i n g , e f f i c i e n c y , o r
discipline in the armed forces.
(2) Knowledge. It is not necessary that the ac-
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cused have knowledge that the person toward whom
the words or gestures are directed is a person subject
to the code.
d. Lesser included offenses. Article 80—attempts
e. Maximum punishment. Confinement for 6 months
and forfeiture of two-thirds pay per month for 6
months.
f. Sample specification.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
a b o u t 2 0 , w r o n g f u l l y u s e ( p r o -
v o k i n g ) ( r e p r o a c h f u l ) ( w o r d s , t o w i t ;
“ :” or words to that effect) (and)
( g e s t u r e s , t o w i t : ) t o w a r d s ( S e r -
geant , U.S. Air Force) ( ).
43. Article 118—Murder
a. Text of statute.
A n y p e r s o n s u b j e c t t o t h i s c h a p t e r w h o ,
without justification or excuse, unlawfully kills a
human being, when he—
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act that is inherently dangerous
to another and evinces a wanton disregard
of human life; or
(4) is engaged in the perpetration or attempted
perpetration of burglary, sodomy, rape, rape of a
child, aggravated sexual assault, aggravated sexual
assault of a child, aggravated sexual contact,
aggravated sexual abuse of a child, aggravated
sexual contact with a child, robbery or aggravated
arson; is guilty of murder, and shall suffer
such punishment as a court-martial may direct,
except that if found guilty under clause (1) or (4),
he shall suffer death or imprisonment for life as a
court-martial may direct.
b. Elements.
(1) Premeditated murder.
(a) That a certain named or described person is
dead;
( b ) T h a t t h e d e a t h r e s u l t e d f r o m t h e a c t o r
omission of the accused;
(c) That the killing was unlawful; and
(d) That, at the time of the killing, the accused
had a premeditated design to kill.
(2) Intent to kill or inflict great bodily harm.