, 35824-35825 [X15-420622]

Download as PDF 35824 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents Sec . .2_. Part IV of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph 5, Article 81 -Conspiracy, subparagraph a is amended to read as follows: "a. Text of statute. (a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. (b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly performs an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such 'other punishment as a court-martial or miljtary commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct." (b) Paragraph 5, Article 81- Conspiracy, subparagraph b is amended to read as follows: "b. Elements. ( 1) Conspiracy. (a) That the accused entered into an agreement with one or more persons to commit an offense \lnder the UCMJ; and (b) That, while the agreement continued to exist, and while the accused remained a party to the agreement, the accused or at least one of the co-conspirators performed an overt act for the purpose ofbringing about the object of the conspiracy. (2) Conspiracy when offense is (:m offense under the law of war resulting in the death of one or more victims. (a) That the accused entered into an agreement with one or more persons to commit an VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.064</GPH> tkelley on DSK3SPTVN1PROD with E0 offense under the law of war; Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35825 (b) That, while the agreement continued to exist, and while the accused remained a party to the agreement, the accused knowingly performed an overt act for the purpose of bringing about the object of the conspiracy; and (c) That death resulted to one or more victims." (c) Paragraph 5, Article 81 -Conspiracy, subparagraph e is amended to read as follows: "e. Ma;r:imum punishment. Any person subject to the code who is found guilty of conspiracy shall be subject to the maximum punishment authorized for the offense that is the object of the conspiracy. However, with the exception noted below, if death is an authorized punishment for the offense that is the object of the conspiracy, the maximum punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. If the offense that is the object of the conspiracy is an offense under the law ofwar, the person knowingly performed an overt act for the purpose of bringing about the object of the conspiracy, and death results to one or more victims, the death penalty shall be an available punishment." (d) Paragraph 5, Article 81- Conspiracy, subparagraph fis amended to read as follows: "f. Sample specifications. (1)- Conspiracy._ In that _ _ _ ___:_ (personal jurisdiction data), did, (at/on board-location) (subjectmatter jurisdiction data, if required), on or about _ _ 20 _·__, conspire with (and _ _ _ _ )to commit an offense under the Uniform Code of Military Justice, to wit: (larceny of , of a value of (about)$ , the property of · ), and in order to effect ~e object of the conspiracy the said _ _ _ _ (and _ _ _ _ ) did _ _ __ VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.065</GPH> tkelley on DSK3SPTVN1PROD with E0 (2) Conspiracy when offense is an offense under the law ofwar resulting in the death of one

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35824-35825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-420622]


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