Article 110 — Improper hazarding of vessel or aircraft

Part IV · Punitive Articles

Article 110. Improper hazarding of vessel or aircraft · MCM ¶ 47

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) WILLFUL AND WRONGFUL HAZARDING.—Any person subject to this chapter who, willfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished by death or such other punishment as a court-martial may direct.

(b) NEGLIGENT HAZARDING.—Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished as a court-martial may direct.

(b) Elements.

(1) That a vessel or aircraft of the armed forces was hazarded in a certain manner; and

(2) That the accused by certain acts or omissions, willfully and wrongfully, or negligently, caused or suffered the vessel or aircraft to be hazarded.

(1) Hazard. “Hazard” means to put in danger of loss or injury. Actual damage to, or loss of, a vessel or aircraft of the armed forces by collision, stranding, running upon a shoal or a rock, or by any other cause, is conclusive evidence that the vessel or aircraft was hazarded but not of the fact of culpability on the part of any particular person. “Strand” means run a vessel aground so that the vessel is fast for a time.

(2) Willfully and wrongfully. As used in this article, “willfully” means intentionally and “wrongfully” means contrary to law, regulation, lawful order, or custom.

(3) Negligence. “Negligence” as used in this article means the failure to exercise the care, prudence, or attention to duties which the interests of the Government require a prudent and reasonable person to exercise under the circumstances. This negligence may consist of the omission to do something the prudent and reasonable person would have done, or the doing of something which such a person would not have done under the circumstances. No person is relieved of culpability who fails to perform such duties as are imposed by the general responsibilities of that person’s grade or rank, or by the customs of the Service for the safety and protection of vessels and aircraft of the armed forces, simply because these duties are not specifically enumerated in a regulation or order. However, a mere error in judgment that a reasonably able person might have committed under the same circumstances does not constitute an offense under this article.

(4) Suffer. “To suffer” means to allow or permit. A ship or aircraft is willfully suffered to be hazarded by one who, although not in direct control of the vessel or aircraft, knows a danger to be imminent but takes no steps to prevent it, for example, as by a navigator of a ship under way who fails to report to the officer of the deck a radar target which is observed to be on a collision course with, and dangerously close to, the ship, or an aircraft’s copilot or navigator who similarly fails to report an imminent danger. A suffering through neglect implies an omission to take such measures as were appropriate under the circumstances to prevent a foreseeable danger.

(5) Vessel. See 1 U.S.C. § 3.

(6) Aircraft. See 18 U.S.C. § 31(a)(1). Additionally, aircraft includes remotely piloted aircraft and unmanned aerial vehicles.

(d) Maximum punishment.

(1) Willfully and wrongfully. Death or such other punishment as a court-martial may direct.

(2) Negligently. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(e) Sample specification s.

(1) Hazarding or suffering to be hazarded any vessel or aircraft, willfully and wrongfully. In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), did, on _____ 20 __, while serving as _____ (aboard) (on) the ________ in the vicinity of _______, willfully and wrongfully (hazard the said (vessel) (aircraft)) (suffer the said (vessel) (aircraft)) to be hazarded) by (causing the said (vessel) (aircraft) to collide with __________) (allowing the said vessel to run aground) (allowing said aircraft to ) (_____________).

(2) Hazarding of vessel or aircraft, negligently.

(a) Example 1. In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), on _____ 20 __, while serving (in command of the __________) (as the pilot of _________), (making entrance to (Boston Harbor)) (approaching (______ Air Force Base) (______ Air Field)) did negligently hazard the said (vessel) (aircraft) by failing and neglecting to maintain or cause to be maintained an accurate (running plot of the true position) (location) of said (vessel) (aircraft) while making said approach, as a result of which neglect the said __________, at or about __________, hours on the day aforesaid, became (stranded) (_____________) in the vicinity of (Channel Buoy Number Three) (__________ runway) (_______________________).

(b) Example 2. In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), on _____ 20 __, while serving as navigator of the __________, cruising on special service in the __________ Ocean off the coast of __________, notwithstanding the fact that at about midnight, _____ 20 __, the northeast point of _____ Island bore abeam and was about six miles distant, the said ship being then under way and making a speed of about ten knots, and well knowing the position of the said ship at the time stated, and that the charts of the locality were unreliable and the currents thereabouts uncertain, did then and there negligently hazard the said vessel or aircraft by failing and neglecting to exercise proper care and attention in navigating said ship while approaching __________ Island, in that (he) (she) neglected and failed to lay a course that would carry said ship clear of the last aforesaid island, and to change the course in due time to avoid disaster; and the said ship, as a result of said negligence on the part of said __________, ran upon a rock off the southwest coast of __________ Island, at about _____ hours, _____, 20 __, in consequence of which the said __________ was lost.

(c) Example 3. In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), on _____ 20 __, while serving as navigator of the __________ and well knowing that at about sunset of said day the said ship had nearly run her estimated distance from the __________ position, obtained and plotted by (him) (her), to the position of __________, and well knowing the difficulty of sighting __________, from a safe distance after sunset, did then and there negligently hazard the said vessel by failing and neglecting to advise (his) (her) commanding officer to lay a safe course for said ship to the northward before continuing on a westerly course, as it was the duty of said __________ to do; in consequence of which the said ship was, at about __________ hours on the day above mentioned, run upon _____ bank in the __________ Sea, about latitude __ degrees, __ minutes, north, and longitude __ degrees, __ minutes, west, and seriously injured.

(3) Suffering a vessel or aircraft to be hazarded, negligently.

(a) Example 1. In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), while serving as combat intelligence center officer on board the __________, making passage from Boston to Philadelphia, and having, between _____ and _____ hours on _____, 20 __, been duly informed of decreasing radar ranges and constant radar bearing indicating that the said __________ was upon a collision course approaching a radar target, did then and there negligently suffer the said vessel or aircraft to be hazarded by failing and neglecting to report said collision course with said radar target to the officer of the deck, as it was (his) (her) duty to do, and (he) (she), the said __________, through negligence, did cause the said __________ to collide with the __________ at or about __________ hours on said date, with resultant damage to ________.

(b) Example 2. In that __________ (personal jurisdiction data) (subject-matter jurisdiction, if required), while serving as (navigator) (________) on ______________, transiting from (_________ Air Force Base) to (__________ Air Force Base), and having, between ______ and ________ hours on ________, 20 ___, becoming aware of (inclement weather conditions) (inaccurate fuel calculations) threatening said aircraft, did then and there negligently suffer the said aircraft to be hazarded by failing and neglecting to report said (weather conditions) (inaccurate fuel calculations) to the (pilot) (copilot), as it was (his) (her) duty to do, the said (navigator) (________), through negligence, did cause the said aircraft to ________, at or about _________ hours on said date, with resultant damage to wit: ____________.

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

Death or other lawful punishment. (Criteria)

Sample specification

In that __________ (personal jurisdiction data), did, on or about __________, while serving as __________ (aboard) (on) the __________ in the vicinity of __________, willfully and wrongfully (hazard the said (vessel) (aircraft)) (suffer the said (vessel) (aircraft)) to be hazarded) by (causing the said (vessel) (aircraft) to collide with __________) (allowing the said vessel to run aground) (allowing said aircraft to __________) (__________).

Elements

(1) That (state the time and place alleged), the (state the said vessel or aircraft), a (vessel) (aircraft) of the armed forces, was hazarded by (state the manner of hazarding alleged); and

(2) That the accused by (his) (her) acts or omissions willfully and wrongfully caused or suffered the (vessel) (aircraft) to be hazarded.

Definitions & other instructions

“Hazard” means to put a (vessel) (aircraft) in danger of loss or injury. Actual damage to, or loss of, the (vessel) (aircraft), though not required, is conclusive evidence that the (vessel) (aircraft) was hazarded but not of the fact of culpability on the part of any particular person.

“Willfully” means intentionally or on purpose.

“Wrongfully” means contrary to law, regulation, lawful order, or custom.

(“Vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.)

(“Aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in air. (“Aircraft” also includes remotely piloted aircraft and unmanned aerial vehicles.)

“Suffered” means allowed or permitted. (A ship or aircraft is willfully suffered to be hazarded by one who, although not in direct control of the ship or aircraft, knows a danger to be imminent but takes no steps to prevent it.)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), should be used when appropriate.

Source: Instruction 3a-47-1 · view original on jagcnet.army.mil

Maximum punishment

DD, TF, 2 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), on __________, while serving (in command of the __________) (as a pilot of _________), (making entrance to (Boston Harbor)) (approaching (________ Air Force Base) (________ Air Field)) did negligently hazard the said (vessel) (aircraft) by failing and neglecting to maintain or cause to be maintained an accurate (running plot of the true position) (location) of said (vessel) (aircraft) while making said approach, as a result of which neglect the said __________, at or about __________, hours on the day aforesaid, became (stranded) (__________) in the vicinity of (Channel Buoy Number Three) (_________ runway) (_____________).

NOTE 2. Other sample specifications. Paragraph 47e, Part IV, MCM includes four other examples of proper form specifications based on different fact patterns.

Elements

(1) That (state the time and place alleged) the (state the name of the vessel or aircraft), a (vessel) (aircraft) of the armed forces, was hazarded by (state the manner of hazarding); and

(2) That the accused by (his) (her) acts or omissions negligently caused or suffered the (vessel) (aircraft) to be hazarded.

Definitions & other instructions

“Hazard” means to put a (vessel) (aircraft) in danger of loss or injury. Actual damage to or loss of the (vessel) (aircraft), though not required, is conclusive evidence that the (vessel) (aircraft) was hazarded but not of the fact of culpability on the part of any particular person.

“Negligence” means the failure to exercise the care, prudence, or attention to duties, which the interests of the government require a prudent and reasonable person to exercise under the circumstances. This negligence may consist of the omission to do something the prudent and reasonable person would have done, or the doing of something which such a person would not have done under the circumstances. No person is relieved of culpability who fails to perform such duties as are imposed by the general responsibilities of that person's grade or rank, or by the customs of the service for the safety and protection of (vessels) (aircraft) of the armed forces, simply because these duties are not specifically enumerated in a regulation or order. However, a mere error in judgment that a reasonably able person might have committed under the same circumstances does not constitute an offense under this article.

(“Vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.)

“Suffered” means allowed or permitted. (A suffering through neglect implies an omission to take such measures as were appropriate under the circumstances to prevent a foreseeable danger.)

Source: Instruction 3a-47-2 · view original on jagcnet.army.mil