Article 128b — Domestic Violence | Manual for Courts-Martial

Part IV · Punitive Articles

Article 128b. Domestic Violence · MCM ¶ 78a

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes

(a) Text of statute. Any person who—

(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;

(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—

(A) commits an offense under this chapter against any person; or

(B) commits an offense under this chapter against any property, including an animal;

(3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;

(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or

(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating; shall be punished as a court-martial may direct.

(b) Elements.

(1) Commission of a violent offense against a spouse, intimate partner, or immediate family member of that person.

(a) That the accused committed a violent offense; and

(b) That the violent offense was committed against a spouse, intimate partner, or immediate family member of the accused.

Practice Note

[Note: Add the following as applicable]

(2) Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.

(a) That the accused committed an act in violation of the UCMJ;

(b) That the accused committed the act against any person; and

(c) That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.

(a) That the accused committed an act in violation of the UCMJ;

(b) That the accused committed the act against any property, including an animal; and

(c) That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.

(4) Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.

(a) That a lawful protection order was in place;

(b) That the accused committed an act in violation of that lawful protection order; and

(c) That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.

(5) Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person.

(a) That a lawful protection order was in place;

(b) That the accused committed an act in violation of that lawful protection order; and

(c) That the accused committed the act with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of the accused.

(6) Assaulting a spouse, an intimate partner, or an immediate family member of that person by strangulation or suffocation.

(a) That the accused assaulted a spouse, an intimate partner, or an immediate family member of the accused;

(b) That the accused did so by strangulation or suffocation; and

Practice Note

[Note: Add the following as applicable]

(d) That the person was a child under the age of 16 years.

(1) Violent Offense. The term “violent offense” means a violation of the following:

(a) 10 U.S.C. § 918 (article 118)

(b) 10 U.S.C. § 919(a) (article 119(a))

(d) 10 U.S.C. § 920 (article 120)

(e) 10 U.S.C. § 920b (article 120b)

(f) 10 U.S.C. § 922 (article 122)

(g) 10 U.S.C. § 925 (article 125)

(h) 10 U.S.C. § 926 (article 126)

(i) 10 U.S.C. § 928 (article 128)

(j) 10 U.S.C. § 928a (article 128a)

(k) 10 U.S.C. § 930 (article 130)

(l) Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another.

(2) Spouse. The term “spouse” means one’s husband or wife by lawful marriage.

(3) Intimate partner. The term “intimate partner” means—

(a) one’s former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or

(b) a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(4) Immediate family. The term “immediate family” means—

(a) one’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or

(b) any other person living in one’s household to whom he or she is related by blood or marriage.

(5) Strangulation. The term “strangulation” has the same meaning ascribed to that term in subparagraph 77.c.(5)(c)(iii).

(6) Suffocation. The term “suffocation” has the same meaning ascribed to that term in subparagraph 77.c.(5)(c)(iv).

(7) Protection order. The term “protection order” means—

(a) a military protective order enforceable under 10 U.S.C. § 892 (article 92); or

(b) a protection order, as defined in 18 U.S.C. § 2266 and, if issued by a State, tribal, or territorial court, is in accordance with the standards specified in 18 U.S.C. § 2265.

(8) Mandatory Minimum Punishments. In accordance with 10 U.S.C. § 856 (article 56), for a conviction of an offense under this paragraph, mandatory minimum punishment provisions shall not apply.

(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement as follows:

(1) Commission of a violent offense against a spouse, an intimate partner, or an immediate family member of that person. Any person subject to the UCMJ who is found guilty of violating Article 128b by committing a violent offense against a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years of confinement except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.

(2) Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person. Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.

(3) Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person. Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.

(4) Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person. Confinement for 3 years.

(5) Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person. Confinement for 5 years.

(6) Assaulting a spouse, an intimate partner, or an immediate family member of that person by strangulation or suffocation.

(a) Aggravated assault by strangulation or suffocation when committed upon a child under the age of 16 years. Confinement for 11 years.

(b) Other cases. Confinement for 8 years.

(e) Sample Specifications.

(1) In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, commit a violent offense against ___________, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

(2) In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against (any person) (a child under the age of 16 years), to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

(3) In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against any property, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

(4) In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, wrongfully violate a protection order by _____________________.

(5) In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, violate a protection order, to wit: _______________, with the intent to commit a violent offense, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element), against the (spouse) (intimate partner) (immediate family member) of the accused.

(6) In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, commit an assault upon ____________, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, by unlawfully (strangling) (suffocating) him/her (with/by __________).”

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.

3a-78a-1DOMESTIC VIOLENCE

NOTE 1. WARNING: Article 128b was added as an offense to the UCMJ on 1 January 2019. However, the President did not sign an Executive Order (EO) outlining the maximum punishments, sample specifications, elements, and definitions for this offense until 26 January 2022 with EO 14062. What follows are the maximum punishments, sample specifications, elements, and definitions effective on 26 January 2022 pursuant to EO 14062. Also, some assault offenses were moved from Article 128 to Article 128b effective 26 January 2022. Therefore, careful attention must be paid to the offense date and EO date. If the offense occurred on or after 1 January 2019 and before 26 January 2022, independent research will be required to determine the elements, definitions, and maximum punishment.

NOTE 2. 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. For certain domestic violence offenses, the confinement category is dependent on the underlying offense.

Maximum punishment

E-1, TF, DD and confinement as follows:

(1) VIOLENT OFFENSE: Any person subject to the UCMJ who is found guilty of violating Article 128b by committing a violent offense against a spouse, an intimate partner, dating partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years of confinement except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life. (Category depends on underlying offense)

(2) OFFENSE WITH INTENT TO THREATEN OR INTIMIDATE: Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ with intent to threaten or intimidate a spouse, an intimate partner, dating partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life. (Category depends on underlying offense)

(3) OFFENSE AGAINST ANY PROPERTY WITH INTENT TO THREATEN OR INTIMIDATE: Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, an intimate partner, dating partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life. (Category depends on underlying offense)

(4) VIOLATION OF PROTECTION ORDER WITH INTENT TO THREATEN OR INTIMIDATE: Confinement for 3 years. (Category 2)

(5) VIOLATION OF PROTECTION ORDER WITH INTENT TO COMMIT VIOLENT OFFENSE: Confinement for 5 years. (Category 2)

(6) ASSAULT BY STRANGULATION OR SUFFOCATION:

(a) When committed upon a child under the age of 16 years. Confinement for 11 years. (Category 3)

(b) Other cases. Confinement for 8 years. (Category 2)

NOTE 3. WARNING. The 2024 NDAA added the term, “a dating partner,” after “an intimate partner,” each place it appears in the statutory text. This change became effective 28 December 2023. Therefore, “dating partner” only applies to offenses committed on or after 28 December 2023. The President amended Part IV of the MCM to reflect the changes with Executive Order 14130, effective 20 December 2024.

Sample specification

(1) VIOLENT OFFENSE: In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, commit a violent offense against __________, the (spouse) (intimate partner) (dating partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

(2A) OFFENSE WITH INTENT TO THREATEN OR INTIMIDATE: In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (dating partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against (any person) (a child under the age of 16 years), to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

(2B) OFFENSE AGAINST ANY PROPERTY WITH INTENT TO THREATEN OR INTIMIDATE: In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (dating partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against any property, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

(3) VIOLATION OF PROTECTION ORDER WITH INTENT TO THREATEN OR INTIMIDATE: In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (dating partner) (immediate family member) of the accused, wrongfully violate a protection order by __________.

(4) VIOLATION OF PROTECTION ORDER WITH INTENT TO COMMIT VIOLENT OFFENSE: In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, violate protection order, to wit: __________, with the intent to commit a violent offense, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element), against the (spouse) (intimate partner) (dating partner) (immediate family member) of the accused.

(5) ASSAULT BY STRANGULATION OR SUFFOCATION: In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, commit an assault upon __________, the (spouse) (intimate partner) (dating partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, by unlawfully (strangling) (suffocating) him/her (with/by _________).

Elements

(1) VIOLENT OFFENSE

(1) That, (state the time and place alleged), the accused committed a violent offense, to wit: (state the alleged violent offense); [and]

(2) That the violent offense was committed against (state the name of the alleged victim), who was a/an (spouse) (intimate partner) (dating partner) (immediate family member) of the accused. [and]

NOTE 4. When the alleged victim is a child under 16, add the following element.

[(3)] That, at the time, (state the name of the alleged victim) was a child under the age of 16 years.

(2A) OFFENSE WITH INTENT TO THREATEN OR INTIMIDATE

(1) That (state the time and place alleged), the accused committed an act in violation of the Uniform Code of Military Justice, to wit: (state the alleged offense);

(2) That the accused committed the act against (state the name of the alleged victim of such act); and

(3) That the accused committed the act with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (dating partner) (immediate family member) of the accused.

(2B) OFFENSE AGAINST ANY PROPERTY WITH INTENT TO THREATEN OR INTIMIDATE

(1) That (state the time and place alleged), the accused committed an act in violation of the Uniform Code of Military Justice, to wit: (state the alleged offense);

(2) That the accused committed the act against (state the alleged property or animal against which the offense was committed); and

(3) That the accused committed the act with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (dating partner) (immediate family member) of the accused.

(3) VIOLATION OF PROTECTION ORDER WITH INTENT TO THREATEN OR INTIMIDATE

(1) That (state the time alleged) a lawful protection order was in place;

(2) That (state the time and place alleged) the accused committed an act in violation of that lawful protection order by (state the manner in which the order was allegedly violated); and

(3) That the accused committed the act with the intent to (threaten) (intimidate) a (spouse) (intimate partner) (dating partner) (immediate family member) of the accused.

(4) VIOLATION OF PROTECTION ORDER WITH INTENT TO COMMIT A VIOLENT OFFENSE

(1) That (state the time alleged) a lawful protection order was in place;

(2) That (state the time and place alleged) the accused committed an act in violation of that lawful protection order by (state the manner in which the order was allegedly violated); and

(3) That the accused committed the act with the intent to commit a violent offense against a (spouse) (intimate partner) (dating partner) (immediate family member) of the accused.

(5) ASSAULT BY STRANGULATION OR SUFFOCATION

(1) That (state the time and place alleged), the accused assaulted (state the name of the alleged victim) the (spouse) (intimate partner) (dating partner) (immediate family member) of the accused;

(2) That the accused did so by (strangling) (suffocating) (state the name of the alleged victim); [and]

(3) That the (strangulation) (suffocation) was done with unlawful force or violence. [and]

NOTE 5. When the alleged victim is a child under 16, add the following element.

[(4)] That, at the time, (state the name of the alleged victim) was a child under the age of 16 years.

Definitions & other instructions

The term “violent offense” includes a violation of: (state the appropriate alleged violent offense(s) from the list below).

(a) Article 118, UCMJ,

(b) Article 119(a), UCMJ,

(d) Article 120, UCMJ,

(e) Article 120b, UCMJ,

(f) Article 122, UCMJ,

(g) Article 125, UCMJ,

(h) Article 126, UCMJ,

(i) Article 128, UCMJ,

(j) Article 128a, UCMJ,

(k) Article 130, UCMJ, or

(l) Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another.)

(The term “spouse” means one’s husband or wife by lawful marriage.)

(The term “intimate partner” means either (a) one’s former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or (b) a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.)

NOTE 6. WARNING. Again, the 2024 NDAA added the term, “a dating partner,” after “an intimate partner,” each place it appears in the statutory text. The term “dating partner” has the meaning given such term in Article 130, UCMJ. This change became effective 22 December 2023. The President amended Part IV of the MCM to reflect the change with Executive Order 14130 effective 20 December 2024.

(The term “dating partner,” in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of- (A) the length of the relationship; (B) the type of the relationship; (C) the frequency of interaction between the persons involved in the relationship; and (D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.”) The relative weight given to each of the named criteria in making the “dating partner” determination may vary depending on the facts and circumstances presented.

(The term “immediate family” means either (a) one’s spouse, parent, brother or sister, child, or other person to whom one stands in loco parentis; or (b) any other person living in one’s household to whom one is related by blood or marriage. “In loco parentis,” meaning “in place of a parent,” is a legal doctrine describing a relationship similar to that of a parent to a child; it refers to an individual who assumes parental status and responsibilities for another individual, usually a young person, without formally adopting that person.)

(The term “strangulation” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.)

(The term “suffocation” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.)

(The term “protection order” means (a) a military protective order enforceable under 10 U.S.C. Section 892 (Article 92, UCMJ); or (b) a protection order, as defined in 18 U.S.C. Section 2266 and, if issued by a State, tribal, or territorial court, is in accordance with the standards specified in 18 U.S.C. Section 2265.)

(An order enforceable under 10 U.S.C. Section 892 means:

(1) That (state the name and rank or grade of the person issuing the order or regulation), a member of the armed forces, issued a lawful order, to wit: (state the date and specific source of the alleged order and quote the order or the specific portion thereof);

(2) That the accused had knowledge of the order; and

(3) That the accused had a duty to obey the order)

(A protection order, as defined in 18 U.S.C. Section 2266, means:

(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and

(B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking.)

(Under 18 U.S.C. Section 2265, a protection order issued by a State, tribal, or territorial court meets the standards specified if:

(1) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; and

(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.) (An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional (or a culpably negligent) act or omission. “Bodily harm” means an offensive touching of another, however slight. An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim.)

NOTE 7. Lawfulness of order. The lawfulness of the order is not a separate element of the offense. Thus, the issue of lawfulness is determined by the judge and is not submitted to the members. See United States v. New, 55 MJ 95 (CAAF 2001); United States v. Deisher, 61 MJ 313 (CAAF 2005). If the judge determines that, based on the facts, the order was not lawful, the judge should dismiss the affected specification, and the members should be so advised. To be lawful, the order must relate to specific military duty and be one that the person was authorized to give the accused. The order must require the accused to do or stop doing a particular thing either at once or at a future time. An order is lawful if reasonably necessary to safeguard and protect the morale, discipline, and usefulness of the members of a command and is directly connected with the maintenance of good order in the services. An order is illegal if, for example, it is unrelated to military duty, its sole purpose is to accomplish some private end, it is arbitrary and unreasonable, and/or it is given for the sole purpose of increasing the punishment for an offense which it is expected the accused may commit. (The four preceding sentences may be modified and used by the judge during a providence inquiry to define “lawfulness” for the accused.)

For an order issued under 18 U.S.C. 2266 or 18 U.S.C. 2265, the judge should determine the lawfulness of the order under federal law.

When the judge determines that, based on the facts, the order was lawful, the judge may advise the members as follows:

As a matter of law, the order in this case, as described in the specification, if in fact there was such an order, was a lawful order.

(An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional (or a culpably negligent) act or omission. “Bodily harm” means an offensive touching of another, however slight. An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim.)

(“Culpable negligence” is a degree of carelessness greater than simple negligence. “Simple negligence” is the absence of due care. The law requires everyone at all times to demonstrate the care for the safety of others that a reasonably careful person would demonstrate under the same or similar circumstances; that is what “due care” means. “Culpable negligence,” on the other hand, is a negligent (act) (or) (failure to act) accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others.)

NOTE 8. If the offense alleges that the accused committed a violent offense (Article 128b(1)) or committed an offense against the UCMJ (Article 128b(2A), Article 128b(2B)), the Military Judge must advise the members of the elements and appropriate definitions of the alleged offense, as follows.

In order to establish that the accused committed the offense of (state the alleged offense), the government must prove, beyond a reasonable doubt, the following elements:

NOTE 9. If the offense alleges that the accused intended to commit a violent offense (Article 128b(4)), the Military Judge must advise the members of the elements and appropriate definitions of the alleged offense, as follows.

Proof that the accused committed a violent offense is not required. However, the government must prove beyond a reasonable doubt that, at the time of the violation of the protection order, the accused intended every element of the offense of (state the alleged violent offense). The government must also prove beyond a reasonable doubt that the intended offense is a violent offense.

The elements of the intended offense are as follows:

Source: Instruction 3a-78a-1 · view original on jagcnet.army.mil