Part IV · Punitive Articles
Article 111. Leaving scene of vehicle accident · MCM ¶ 48
2024 Manual for Courts-Martial, United States
See all changes(a) Text of statute.
(a) DRIVER.—Any person subject to this chapter—
(1) who is the driver of a vehicle that is involved in an accident that results in personal injury or property damage; and
(2) who wrongfully leaves the scene of the accident—
(A) without providing assistance to an injured person; or
(B) without providing personal identification to others involved in the accident or to appropriate authorities; shall be punished as a court-martial may direct.
(b) SENIOR PASSENGER.—Any person subject to this chapter—
(1) who is a passenger in a vehicle that is involved in an accident that results in personal injury or property damage;
(2) who is the superior commissioned or noncommissioned officer of the driver of the vehicle or is the commander of the vehicle; and
(3) who wrongfully and unlawfully orders, causes, or permits the driver to leave the scene of the accident—
(A) without providing assistance to an injured person; or
(B) without providing personal identification to others involved in the accident or to appropriate authorities; shall be punished as a court-martial may direct.
(b) Elements.
(1) Driver.
(a) That the accused was the driver of a vehicle;
(b) That while the accused was driving the vehicle was involved in an accident;
(c) That the accused knew that the vehicle had been in an accident;
(d) That the accused left the scene of the accident without (providing assistance to the victim who had been struck (and injured) by the said vehicle) or (providing identification); and
(e) That such leaving was wrongful.
(2) Senior passenger.
(a) That the accused was a passenger in a vehicle which was involved in an accident;
(b) That the accused knew that said vehicle had been in an accident; and
(c) That the accused was the superior commissioned or noncommissioned officer of the driver, or commander of the vehicle, and wrongfully and unlawfully ordered, caused, or permitted the driver to leave the scene of the accident without (providing assistance to the victim who had been struck (and injured) by the said vehicle) (or) (providing identification).
(c) Explanation.
(1) Nature of offense. This offense covers “hit and run” situations where there is damage to property other than the driver’s vehicle or injury to someone other than the driver or a passenger in the driver’s vehicle. It also covers accidents caused by the accused, even if the accused’s vehicle does not contact other people, vehicles, or property.
(2) Knowledge. Actual knowledge that an accident has occurred is an essential element of this offense. Actual knowledge may be proved by circumstantial evidence.
(3) Passenger. A passenger other than a senior passenger may also be liable under this paragraph. See paragraph 1 of this Part.
(d) Maximum punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(e) Sample specification. In that __________ (personal jurisdiction data), [the driver of)][*a passenger in] [the senior officer/noncommissioned officer in] (_____ in) a vehicle at the time of an accident in which said vehicle was involved, and having knowledge of said accident, did, at _____ (subject-matter jurisdiction data, if required), on or about _____ 20 __ [wrongfully leave] [*by _____, assist the driver of the said vehicle in wrongfully leaving] [wrongfully order, cause, or permit the driver to leave] the scene of the accident without (providing assistance to _____, who had been struck (and injured) by the said vehicle) (making (his) (her) (the driver’s) identity known).
Practice Note
[*Note: This language should be used when the accused was a passenger and is charged as a principal. See paragraph 1 of this Part.]
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
BCD, TF, 6 months, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), [the driver of)] [a passenger in]a vehicle at the time of an accident in which said vehicle was involved, and having knowledge of said accident, did, at __________, on or about __________, [wrongfully leave] [by __________, assist the driver of the said vehicle in wrongfully leaving] the scene of the accident without (providing assistance to __________, who had been struck (and injured) by the said vehicle) (making (his) (her) identity known).
NOTE 2. Passenger or other charged as a principal. This sample specification provides sample language for charging a passenger or other as a principal. A passenger other than a senior passenger (see Instruction 3a-35-2) may be liable under this paragraph. Instruction 7-1, Law of Principals, should be given as appropriate. If the accused is charged as a principal, the elements below will have to be carefully tailored.
Elements
(1) That (state the time and place alleged), the accused was the driver of a vehicle;
(2) That while the accused was driving, the vehicle was involved in an accident that resulted in personal injury or property damage;
(3) That the accused knew the vehicle had been in an accident;
(4) That the accused left the scene of the accident without [providing assistance to (state the name of the alleged victim), who had been struck and injured by the vehicle] [providing personal identification to others involved in the accident or to appropriate authorities]; and
(5) That the accused’s leaving was wrongful.
Definitions & other instructions
Actual knowledge that an accident has occurred is an essential element of this offense. Actual knowledge may be proved by circumstantial evidence.
(“Accident” includes those situations where there is damage to property other than the driver’s vehicle or injury to someone other than the driver or a passenger in the accused’s vehicle. It also covers accidents caused by the accused, even if the accused’s vehicle does not contact other people, vehicles, or property.)
“Wrongful” means without legal justification or excuse.
NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), modified as appropriate, may be given.
Source: Instruction 3a-48-1 · view original on jagcnet.army.mil
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
BCD, TF, 6 months, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), [the senior officer/noncommissioned officer in] (__________ in) a vehicle at the time of an accident in which said vehicle was involved, and having knowledge of said accident, did, at __________, on or about __________, wrongfully order, cause, or permit the driver to leave the scene of the accident without (providing assistance to __________, who had been struck (and injured) by the said vehicle) (making (his) (her) (the driver’s) identity known).
Elements
(1) That (state the time and place alleged), the accused was a passenger in a vehicle which was involved in an accident resulting in personal injury or property damage;
(2) That the accused knew that the vehicle had been in an accident; and
(3) That the accused was the [superior (commissioned) (noncommissioned) officer of the driver] [commander of the vehicle] and wrongfully and unlawfully ordered, caused, or permitted the driver to leave the scene of the accident without [providing assistance to (state the name of the alleged victim), who had been struck and injured by the vehicle] [providing personal identification to others involved in the accident or to appropriate authorities].
Definitions & other instructions
Actual knowledge that an accident has occurred is an essential element of this offense. Actual knowledge may be proved by circumstantial evidence.
(“Accident” includes those situations where there is damage to property other than the driver’s vehicle or injury to someone other than the driver or a passenger in the driver’s vehicle. It also covers accidents caused by the accused, even if the accused’s vehicle does not contact other people, vehicles, or property.)
“Wrongful” means without legal justification or excuse.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), may be given as appropriate.
Source: Instruction 3a-48-2 · view original on jagcnet.army.mil