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

MRE 503 regarding the privilege attached to communications to clergy, was amended to define persons who
qualify as covered “clergyman’s assistants.”
MRE 504, regarding the husband-wife privilege, was amended to define the term “child of either,” for
which the privilege would not apply when one spouse is charged with an offense against such child. The new
definition also includes a child who is under the permanent or temporary physical custody of one of the
spouses, regardless of a legal parent-child relationship, and defines the term “temporary physical custody.”
Punitive articles contained in Part IV of the MCM:
Paragraph 14, Article 90, Assaulting or Willfully Disobeying Superior Commissioned Officer. A new
definition subparagraph was added clarifying that the lawfulness of an order is a question of law to be
determined by a military judge.
Paragraph 43, Article 118, Murder, was amended to add offenses from the new Article 120 to the list of
offenses which, if committed and during which the victim is killed, constitute murder.
Paragraph 44a, Article 119a, Death or Injury to an Unborn Child. The change provided guidance to further
implement the offense of causing the death or injury to an unborn child, as established by the Unborn Victims
of Violence Act of 2004 (Public Law 108-212).
Paragraph 45, Article 120, was amended and consolidated numerous paragraphs throughout the Punitive
Articles into a single paragraph (Article) addressing sexual offenses, titled: “Rape, Sexual Assault, and other
Sexual Misconduct.” New offenses constituting degrees of sexual assault offenses were added. Text, explanation,
elements of offenses, lesser offenses, maximum punishments, and sample specifications were provided
for each enumerated sexual offense under paragraph 45, Article 120.
Paragraph 45a, Article 120a, Stalking. The change added and implemented a new offense for stalking, with
a maximum punishment for each offense consisting of a dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 3 years.
Paragraph 50, Article 124, Maiming, was amended to increase the maximum punishment to confinement
from 7 years to 20 years.
Paragraph 54, Article 128, Assault, was amended to differentiate aggravated assault offenses committed
against a child under the age of 16 and increase the maximum punishment in these cases.
Paragraph 63, Article 134, Assault-Indecent. This offense was removed as it was subsumed into the new
Article 120 provision.
Paragraph 68a, Article 134, Child Endangerment, was added to the list of enumerated Article 134 offenses
and addresses offenses committed by the accused who has a duty of care to a child under the age of 16. It
requires that the accused endangered the child’s mental or physical health, safety, or welfare through design
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