Part IV · Punitive Articles

Article 114. Endangerment offenses · MCM ¶ 52

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute.
(a) RECKLESS ENDANGERMENT.—Any person subject to this chapter who engages in conduct that—
(1) is wrongful and reckless or is wanton; and
(2) is likely to produce death or grievous bodily harm to another person; shall be punished as a court-martial may direct.
(b) DUELING.—Any person subject to this chapter—
(1) who fights or promotes, or is concerned in or connives at fighting, a duel; or
(2) who, having knowledge of a challenge sent or about to be sent, fails to report the facts promptly to the proper authority; shall be punished as a court-martial may direct.
(c) FIREARM DISCHARGE, ENDANGERING HUMAN LIFE.—Any person subject to this chapter who, willfully and wrongly, discharges a firearm, under circumstances such as to endanger human life shall be punished as a court-martial may direct.
(d) CARRYING CONCEALED WEAPON.— Any person subject to this chapter who unlawfully carries a dangerous weapon concealed on or about his person shall be punished as a court-martial may direct.
(b) Elements.
(1) Reckless endangerment.
(a) That the accused did engage in conduct;
(b) That the conduct was wrongful and reckless or wanton; and
(c) That the conduct was likely to produce death or grievous bodily harm to another person.
(2) Dueling.
(a) That the accused fought another person with deadly weapons;
(b) That the combat was for private reasons; and
(c) That the combat was by prior agreement.
(3) Promoting a duel.
(a) That the accused promoted a duel between certain persons; and
(b) That the accused did so in a certain manner.
(4) Conniving at fighting a duel.
(a) That certain persons intended to and were about to engage in a duel;
(b) That the accused had knowledge of the planned duel; and
(c) That the accused connived at the fighting of the duel in a certain manner.
(5) Failure to report a duel.
(a) That a challenge to fight a duel had been sent or was about to be sent;
(b) That the accused had knowledge of this challenge; and
(c) That the accused failed to report this fact promptly to proper authority.
(6) Firearm discharge, endangering human life.
(a) That the accused discharged a firearm;
(b) That the discharge was willful and wrongful; and
(c) That the discharge was under circumstances such as to endanger human life.
(7) Carrying concealed weapon.
(a) That the accused carried a certain weapon concealed on or about the accused’s person;
(b) That the carrying was unlawful; and
(c) That the weapon was a dangerous weapon.
Discussion
For negligent discharge of a firearm, see paragraph 100.
(c) Explanation.
(1) Reckless endangerment.
(a) In general. This offense is intended to prohibit and therefore deter reckless or wanton conduct that wrongfully creates a substantial risk of death or grievous bodily harm to others.
(b) Wrongfulness. Conduct is wrongful when it is without legal justification or excuse.
(c) Recklessness. “Reckless” conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm or know that his conduct is substantially certain to cause that result. The ultimate question is whether, under all the circumstances, the accused’s conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others.
(d) Wantonness. “Wanton” includes “reckless” but may connote willfulness, or a disregard of probable consequences, and thus describe a more aggravated offense.
(e) Likely to produce. When the natural or probable consequence of particular conduct would be death or grievous bodily harm, it may be inferred that the conduct is likely to produce that result.
(f) Grievous bodily harm. This phrase has the same meaning given it in subparagraph 77.c.(1)(c).
(g) Death or injury not required. It is not necessary that death or grievous bodily harm be actually inflicted to prove reckless endangerment.
(2) Dueling.
(a) Duel. A duel is combat between two persons for private reasons fought with deadly weapons by prior agreement.
(b) Promoting a duel. Urging or taunting another to challenge or to accept a challenge to duel, acting as a second or as carrier of a challenge or acceptance, or otherwise furthering or contributing to the fighting of a duel are examples of promoting a duel.
(c) Conniving at fighting a duel. Anyone who has knowledge that steps are being taken or have been taken toward arranging or fighting a duel and who fails to take reasonable preventive action thereby connives at the fighting of a duel.
(3) Firearm discharge, endangering human life. “Under circumstances such as to endanger human life” refers to a reasonable potentiality for harm to human beings in general. The test is not whether the life was in fact endangered but whether, considering the circumstances surrounding the wrongful discharge of the weapon, the act was unsafe to human life in general.
(4) Carrying concealed weapon.
(a) Concealed weapon. A weapon is concealed when it is carried by a person and intentionally covered or kept from sight.
(b) Dangerous weapon. For purposes of this paragraph, a weapon is dangerous if it was specifically designed for the purpose of doing grievous bodily harm, or it was used or intended to be used by the accused to do grievous bodily harm.
(c) On or about. “On or about” means the weapon was carried on the accused’s person or was within the immediate reach of the accused.
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(e) Sample specification s.
(1) Reckless endangerment. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully and (recklessly) (wantonly) engage in conduct, to wit: ________, conduct likely to cause death or grievous bodily harm to __________.
(2) Dueling.
(a) Dueling. In that___________ (personal jurisdiction data) (and___________), did, (at/onboard—location) (subject-matter jurisdiction data, if required), on or about _____20_____, fight a duel (with ______), using as weapons therefor (pistols) (swords) (______).
(b) Promoting a duel. In that_________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ______20____, promote a duel between ___________ and ________ by (telling said ________ (he) (she) would be a coward if (he) (she) failed to challenge said _______ to a duel) (knowingly carrying from said _______ to said _______ a challenge to fight a duel).
(c) Conniving at fighting a duel. In that __________ (personal jurisdiction data), having knowledge that ______ and ______ were about to engage in a duel, did (at/onboard—location) (subject-matter jurisdiction data, if required), on or about ______ 20____, connive at the fighting of said duel by (failing to take reasonable preventive action) (_________).
(d) Failure to report a duel. In that _________ (personal jurisdiction data), having knowledge that a challenge to fight a duel (had been sent) (was about to be sent) by ______ to _______, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20_____, fail to report that fact promptly to the proper authority.
(3) Firearm discharge, endangering human life. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully and willfully discharge a firearm, to wit: _____, (in the mess hall of _____) (_____), under circumstances such as to endanger human life.
(4) Carrying concealed weapon. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, unlawfully carry on or about (his) (her) person a concealed weapon, to wit: a __________.
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

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did (at/onboard—location) on or about __________, wrongfully and (recklessly) (wantonly) engage in conduct, to wit:______________, conduct likely to cause death or grievous bodily harm to __________.

Elements

(1) That (state the time and place alleged), the accused engaged in conduct, to wit: (describe the conduct alleged);

(2) That the conduct was wrongful and (reckless) (wanton); and

(3) That the conduct was likely to produce death or grievous bodily harm to another person.

Definitions & other instructions

“Wrongful” means without legal justification or excuse.

“Reckless” conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm or know that (his) (her) conduct is substantially certain to cause that result. The question is whether, under all the circumstances, the accused’s conduct was of such heedless nature that made it actually or imminently dangerous to the rights or safety of others.

(“Wanton” includes “reckless,” but may connote willfulness, or a disregard of probable consequences.)

When the natural and probable consequence of particular conduct would be death or grievous bodily harm, it may be inferred that the conduct is “likely to produce” that result. The drawing of this inference is not required.

It is not necessary that death or grievous bodily harm actually result.

“Grievous bodily harm” means a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

NOTE 2. Consent as a defense. Under certain circumstances, consent may be a defense to simple assault or assault consummated by a battery. In aggravated assault cases, which are most analogous to reckless endangerment cases, assault law does not recognize the validity of an alleged victim’s consent to an act that is likely to result in grievous bodily harm or death. The following instruction should be given in reckless endangerment cases when the evidence raises the consent issue.

A victim may not lawfully consent to conduct which is likely to produce death or grievous bodily harm. Consent is not a defense.

NOTE 3. Other instructions. Instruction 5-2, Accident, may be raised by the evidence.
References

Likelihood of death or grievous bodily harm: US v. Gutierrez, 74 MJ 61 (CAAF 2015).

Source: Instruction 3a-52-1 · view original on jagcnet.army.mil

NOTE. 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

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that ________ (personal jurisdiction data), (and __________) did, (at/onboard—location), on or about __________, fight a duel (with __________), using as weapons therefor (pistols) (swords) (__________).

Elements

(1) That (state the time and place alleged), the accused fought (state the name of the person alleged) with deadly weapons, that is: (state the weapons alleged);

(2) That the combat was for private reasons; and

(3) That the combat was by prior agreement.

Definitions & other instructions

A “deadly weapon” is one which is used in a manner likely to produce death or grievous bodily harm. A weapon is “likely” to produce death or grievous bodily harm when the probable results of its use would be death or serious bodily injury (although this may not be the use to which the instrument is ordinarily put). It is not necessary that death or serious bodily harm actually occur.

Source: Instruction 3a-52-2 · view original on jagcnet.army.mil

NOTE. 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

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, promote a duel between __________ and __________ by (telling said __________ (he) (she) would be a coward if (he) (she) failed to challenge said __________ to a duel) (knowingly carrying from said __________ to said __________ a challenge to fight a duel).

Elements

(1) That (state the time and place alleged), the accused promoted a duel between (state the names of the alleged duelers); and

(2) That the accused did so by (state the manner alleged).

Definitions & other instructions

“Duel” means combat between two persons for private reasons fought with deadly weapons by prior agreement.

A “deadly weapon” is one which is used in a manner likely to produce death or grievous bodily harm. A weapon is “likely” to produce death or grievous bodily harm when the probable results of its use would be death or serious bodily injury (although this may not be the use to which the instrument is ordinarily put). It is not necessary that death or serious bodily harm actually occur.

“Promote” means to further or actively contribute to the fighting of a duel. (Urging or taunting another to challenge or to accept a challenge to duel, acting as a second or as carrier of a challenge or acceptance, or otherwise furthering or contributing to the fighting of a duel are examples of promoting a duel.)

Source: Instruction 3a-52-3 · 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

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), having knowledge that __________ and __________ were about to engage in a duel, did (at/on board—location), on or about __________, connive at the fighting of said duel by (failing to take reasonable preventive action) (__________).

Elements

(1) That (state the names of the alleged duelers) intended to and were about to engage in a duel;

(2) That the accused had knowledge of the planned duel; and

(3) That (state the time and place alleged), the accused connived at the fighting of the duel by (state the manner alleged).

Definitions & other instructions

Anyone who knows that steps are being or have been taken toward arranging or fighting a duel and who fails to take reasonable preventive action thereby connives at the fighting of a duel.

“Duel” means combat between two persons for private reasons fought with deadly weapons by prior agreement.

A “deadly weapon” is one which is used in a manner likely to produce death or grievous bodily harm. A weapon is “likely” to produce death or grievous bodily harm when the probable results of its use would be death or serious bodily injury (although this may not be the use to which the instrument is ordinarily put). It is not necessary that death or serious bodily injury actually occur.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.
Source: Instruction 3a-52-4 · 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

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), having knowledge that a challenge to fight a duel (had been sent) (was about to be sent) by __________ to __________, did, (at/on board—location) on or about __________, fail to report that fact promptly to the proper authority.

Elements

(1) That a challenge to fight a duel (had been sent) (was about to be sent) by __________ to __________;

(2) That the accused had knowledge of this challenge; and

(3) That (state the time and place alleged), the accused failed to report this fact promptly to the proper authority.

Definitions & other instructions

“Challenge” means an invitation, summons, or request to fight a duel.

“Duel” means combat between two persons for private reasons with deadly weapons by prior agreement.

A “deadly weapon” is one which is used in a manner likely to produce death or grievous bodily harm. A weapon is “likely” to produce death or grievous bodily harm when the probable results of its use would be death or serious bodily injury (although this may not be the use to which the instrument is ordinarily put). It is not necessary that death or serious bodily injury actually occur.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.
Source: Instruction 3a-52-5 · view original on jagcnet.army.mil

NOTE. 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

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully and willfully discharge a firearm, to wit: __________, (in the mess hall of __________) (__________), under circumstances such as to endanger human life.

Elements

(1) That (state the time and place alleged), the accused discharged a firearm, to wit: (state the firearm alleged);

(2) That the discharge was willful and wrongful; and

(3) That the discharge was under circumstances such as to endanger human life.

Definitions & other instructions

An act is done “willfully” if it is done intentionally or on purpose.

“Wrongful” means without legal justification or excuse.

“Under circumstances such as to endanger human life” means that there must be a reasonable potentiality for harm to human beings in general. The test is not whether the life was in fact endangered but whether, considering the circumstances surrounding the wrongful discharge of the weapon, the act was unsafe to human life in general.

Source: Instruction 3a-52-6 · 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

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, unlawfully carry on or about (his) (her) person a concealed weapon, to wit: a __________.

Elements

(1) That (state the time and place alleged), the accused carried (a) (an) (state the weapon alleged) concealed on or about (his) (her) person;

(2) That the carrying was unlawful; and

(3) That the (state the weapon alleged) was a dangerous weapon.

Definitions & other instructions

A weapon is “concealed” when it is carried by a person and intentionally covered or kept from sight.

As used in this specification, “on or about (his)(her) person” means the weapon was carried on the accused's person or was within the immediate reach of the accused.

An object is a “dangerous weapon” if it was specifically designed for the purpose of doing grievous bodily harm or it was used or intended to be used by the accused to do grievous bodily harm.

“Grievous bodily harm” means a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

NOTE 2. Inference of unlawfulness. Unlawfulness may be inferred from the surrounding circumstances and, hence, proved by circumstantial evidence. In such cases, the following instruction should be given. Instruction 7-3, Circumstantial Evidence, may also be given:

The carrying of a concealed weapon may be inferred to be unlawful in the absence of evidence to the contrary. However, the drawing of this inference is not required. (In deciding this issue, you may consider along with all the evidence (whether carrying a weapon is authorized by military regulation or competent military authority) (is necessitated by military exigencies) (the nature of the accused’s military duties) (__________).

References

US v. Lyons, 33 MJ 88 (CMA 1991).

Source: Instruction 3a-52-7 · view original on jagcnet.army.mil