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

82. Article 134—(Fleeing scene of accident)
a. Text of statute. See paragraph 60.
b. Elements.
(1) Driver.
( a ) T h a t t h e a c c u s e d w a s t h e d r i v e r o f a
vehicle;
(b) That while the accused was driving the vehicle
was involved in an accident;
(c) That the accused knew that the vehicle had
been in an accident;
(d) That the accused left the scene of the accident
without (providing assistance to the victim who
had been struck (and injured) by the said vehicle) or
(providing identification);
(e) That such leaving was wrongful; and
(f) That, under the circumstances, the conduct
of the accused was to the prejudice of good order
and discipline in the armed forces or was of a nature
to bring discredit upon the armed forces.
(2) Senior passenger.
(a) That the accused was a passenger in a vehicle
which was involved in an accident;
(b) That the accused knew that said vehicle had
been in an accident;
(c) That the accused was the superior commissioned
or noncommissioned officer of the driver, or
commander of the vehicle, and wrongfully and unlawfully
ordered, caused, or permitted the driver to
leave the scene of the accident without (providing
assistance to the victim who had been struck (and
injured) by the said vehicle) (or) (providing identification);
and
(d) That, under the circumstances, the conduct
of the accused was to the prejudice of good order
and discipline in the armed forces or was of a nature
to bring discredit upon the armed forces.
c. Explanation.
(1) Nature of offense. This offense covers “hit
and run” situations where there is damage to prope
r t y o t h e r t h a n t h e d r i v e r ’ s v e h i c l e o r i n j u r y t o
someone other than the driver or a passenger in the
driver’s vehicle. It also covers accidents caused by
the accused, even if the accused’s vehicle does not
contact other people, vehicles, or property.
(2) Knowledge. Actual knowledge that an accident
has occurred is an essential element of this
83.c.(1)
offense. Actual knowledge may be proved by circumstantial
evidence.
(3) Passenger. A passenger other than a senior
passenger may also be liable under this paragraph.
See paragraph 1 of this Part.
d. Lesser included offense. Article 80—attempts
e . M a x i m u m p u n i s h m e n t . B a d - c o n d u c t d i s c h a r g e ,
forfeiture of all pay and allowances, and confinement
for 6 months.
f. Sample specification.
In that (personal jurisdiction data),
(the driver of) (a passenger in*) (the senior
o f f i c e r / n o n c o m m i s s i o n e d o f f i c e r i n )
( in) a vehicle at the time of an accident
i n w h i c h s a i d v e h i c l e w a s i n v o l v e d , a n d h a v i n g
knowledge of said accident, did, at (subject-matter
jurisdiction data, if required), on or
a b o u t 2 0 ( w r o n g f u l l y l e a v e )
(by , assist the driver of the said vehicle
in wrongfully leaving*) (wrongfully order, cause, or
permit the driver to leave) the scene of the accident
without (providing assistance to ,
who had been struck (and injured) by the said vehicle)
(making his/her (the driver’s) identity known).
[Note: This language should be used when the accused
was a passenger and is charged as a principal.
See paragraph 1 of this part.]
83. Article 134—(Fraternization)
a. Text of statute. See paragraph 60.
b. Elements.
(1) That the accused was a commissioned or warrant
officer;
(2) That the accused fraternized on terms of military
equality with one or more certain enlisted member(s)
in a certain manner;
(3) That the accused then knew the person(s) to
be (an) enlisted member(s);
(4) That such fraternization violated the custom
of the accused’s service that officers shall not fraternize
with enlisted members on terms of military
equality; and
(5) That, under the circumstances, the conduct of
the accused was to the prejudice of good order and
discipline in the armed forces or was of a nature to
bring discredit upon the armed forces.
c. Explanation.
(1) In general. The gist of this offense is a viola-
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