, 35825-35826 [X15-430622]

Download as PDF 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 35826 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents or more victims. 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 law of war, to wit: (murder of ), and in order to effect the object of the conspiracy the said _ _ _ _ knowingly did _ _ _ __ resulting in the death of _ _ _ _ __ (e) Paragraph 16, Article 92- Failure to obey order or regulation, is amended by inserting after subparagraph b.(3 )(c) a new Note and a new subparagraph b.(3)(d) as follows: "[Note: In cases where the dereliction of duty resulted in death or grievous bodily harm, ~dd the following as applicable] (d) That such dereliction of duty resulted in death or grievous bodily harm to a person other than the accused." (f) Paragraph 16, Article 92- Failure to obey order or regulation, is amended by inserting new subparagraphs c.(3)(e) and (f) immediately after Paragraph 16c.(3)(d) and read as follows: "(e) Grievous bodily hapn. "Grievous bodily harm" means serious bodily injury. It does not include minor injuries, such as a black eye or a bloody nose, but does inciude fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other serious bodily injuries. (f) Where the dereliction of duty resulted in death or grievous bodily harm, an intent to calise death or gi-ievous bodily harm is not required." (g) Paragraph 16, Article 92- Failure to obey order or regulation, is amended by renumbering the existing subparagraph e.(3)(B) as subparagraph e.(3)(C), inserting new subparagraph VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.066</GPH> tkelley on DSK3SPTVN1PROD with E0 e.(3)(B), inserting a new subparagraph e.(3)(D), and inserting a new note following subparagraph

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35825-35826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-430622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.065


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