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

(2) Serious offense. For purposes of this paragraph,
a “serious offense” is any offense punishable
under the authority of the code by death or by confinement
for a term exceeding 1 year.
(3) Positive act of concealment. A mere failure or
refusal to disclose the serious offense without some
p o s i t i v e a c t o f c o n c e a l m e n t d o e s n o t m a k e o n e
guilty of this offense. Making a false entry in an
account book for the purpose of concealing a theft
committed by another is an example of a positive act
of concealment.
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 . D i s h o n o r a b l e d i s c h a r g e ,
forfeiture of all pay and allowances, and confinement
for 3 years.
f. Sample specification.
In that (personal jurisdiction data),
h a v i n g k n o w l e d g e t h a t h a d a c t u a l l y
c o m m i t t e d a s e r i o u s o f f e n s e t o w i t : ( t h e m u r d e r
o f ) ( ) , d i d , ( a t / o n
board—location) (subject-matter jurisdiction data, if
r e q u i r e d f r o m a b o u t 2 0 , t o
a b o u t 2 0 , w r o n g f u l l y c o n c e a l
s u c h s e r i o u s o f f e n s e b y a n d f a i l t o
make the same known to the civil or military authorities
as soon as possible.
96. Article 134—(Obstructing justice)
a. Text of statute. See paragraph 60.
b. Elements.
(1) That the accused wrongfully did a certain act;
(2) That the accused did so in the case of a certain
person against whom the accused had reason to
believe there were or would be criminal proceedings
pending;
(3) That the act was done with the intent to influence,
impede, or otherwise obstruct the due administration
of justice; and
(4) 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. This offense may be based on conduct
that occurred before preferral of charges. Actual
obstruction of justice is not an element of this
offense. For purposes of this paragraph “criminal
p r o c e e d i n g s ” i n c l u d e s n o n j u d i c i a l p u n i s h m e n t
proceedings under Part V of this Manual. Examples
96a.b.(2)
of obstruction of justice include wrongfully influencing,
intimidating, impeding, or injuring a witness, a
person acting on charges under this chapter, an investigating
officer under R.C.M. 406, or a party; and
by means of bribery, intimidation, misrepresentation,
or force or threat of force delaying or preventing
communication of information relating to a violation
of any criminal statute of the United States to a
person authorized by a department, agency, or armed
force of the United States to conduct or engage in
investigations or prosecutions of such offenses; or
endeavoring to do so. See also paragraph 22 and
Article 37.
d. Lesser included offenses. None.
e . M a x i m u m p u n i s h m e n t . D i s h o n o r a b l e d i s c h a r g e ,
forfeiture of all pay and allowances, and confinement
for 5 years.
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 ( e n d e a v o r
to) (impede (a trial by court-martial) (an investigat
i o n ) ( ) ) [ i n f l u e n c e t h e a c t i o n s
of , (a trial counsel of the courtmartial)
(a defense counsel of the court-martial) (an
o f f i c e r r e s p o n s i b l e f o r m a k i n g a r e c o m m e n d a t i o n
c o n c e r n i n g d i s p o s i t i o n o f c h a r g e s ) ( ) ]
[(influence) (alter) the testimony of as
a witness before a (court-martial) (an investigating
o f f i c e r ) ( ) ] i n t h e c a s e
of by [(promising) (offering) (giving)
to the said , (the sum of $ )
( , o f a v a l u e o f a b o u t $ ) ]
[ c o m m u n i c a t i n g t o t h e s a i d a t h r e a t
to ] [ ], (if) (unless) he/
she, the said , would [recommend dism
i s s a l o f t h e c h a r g e s a g a i n s t s a i d ]
[(wrongfully refuse to testify) (testify falsely conc
e r n i n g ) ( ) ] [ ( a t s u c h
t r i a l ) ( b e f o r e s u c h i n v e s t i g a t i n g o f f i c e r ) ]
[ ].
96a. Art 134 (Wrongful interference with an
adverse administrative proceeding)
a. Text of statute. See paragraph 60.
b. Elements.
(1) That the accused wrongfully did a certain act;
(2) That the accused did so in the case of a cer-
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