Article 84 — Breach of medical quarantine

Part IV · Punitive Articles

Article 84. Breach of medical quarantine · MCM ¶ 8

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter—

(1) who is ordered into medical quarantine by a person authorized to issue such order; and

(2) who, with knowledge of the quarantine and the limits of the quarantine, goes beyond those limits before being released from the quarantine by proper authority;

shall be punished as a court-martial may direct.

(b) Elements.

(1) That a certain person ordered the accused into medical quarantine;

(2) That the person was authorized to order the accused into medical quarantine;

(3) That the accused knew of this medical quarantine and the limits thereof; and

(4) That the accused went beyond the limits of the medical quarantine before being released therefrom by proper authority.

Practice Note

[Note: If the offense involved violation of a medical quarantine imposed in response to emergence of a “quarantinable communicable disease” as defined in 42 C.F.R. § 70.1, add the following element]

(5) That the medical quarantine was imposed in reference to a quarantinable communicable disease (to wit:__________) as defined in 42 C.F.R. § 70.1.

(1) Distinguishing “quarantine” from “quarters” orders. Putting a person “on quarters” or other otherwise excusing a person from duty because of illness does not of itself constitute a medical quarantine.

(d) Maximum punishment.

(1) Breach of medical quarantine involving a quarantinable communicable disease defined by 42 C.F.R. § 70.1. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(2) Breach of medical quarantine—all other cases. Bad-conduct discharge, forfeiture of two-thirds pay per month for 6 months, and confinement for 6 months.

(e) Sample specification. In that __________ (personal jurisdiction data) having been placed in medical quarantine by a person authorized to order the accused into medical quarantine (for a quarantinable communicable disease as defined in 42 C.F.R. § 70.1, to wit: _________), having knowledge of the quarantine and the limits of the quarantine, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, break said medical quarantine.

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-8-1BREACH OF MEDICAL QUARANTINE

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

(1) Breach of Medical Quarantine Involving a Quarantinable Communicable Disease Defined by 42 CFR § 70.1. DD, TF, 1 year, E-1. (Category 1)

(2) All Other Cases: BCD, 2/3 pay/month x 6 months, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), having been placed in medical quarantine by a person authorized to order the accused into medical quarantine (for a quarantinable communicable disease defined in 42 CFR § 70.1, to wit: __________), having knowledge of the quarantine and the limits of the quarantine, did, (at/on board—location) (subject matter jurisdiction data, if required), on or about __________, break said medical quarantine.

Elements

(1) That (state the name of the person ordering the accused into medical quarantine) ordered the accused into medical quarantine;

(2) That (state the name of the person ordering the accused into medical quarantine) was authorized to order the accused into medical quarantine;

(3) That the accused knew of the medical quarantine and the limits thereof; (and)

(4) That (state the time and place alleged), the accused went beyond the limits of the medical quarantine before being released therefrom by proper authority; [and]

NOTE 2. If the offense alleges a violation of a medical quarantine imposed in response to emergence of a “quarantinable communicable disease” as defined in 42 CFR § 70.1, add the following element.

[(5)] That the medical quarantine was imposed in reference to a quarantinable communicable disease, to wit: _______, as defined in 42 CFR § 70.1.

Definitions & other instructions

“Ordered into medical quarantine” means that the accused, for medical reasons, was ordered by a person with authority to remain within certain specified limits until released by proper authority. Putting a person “on quarters” or otherwise excusing a person from duty because of illness does not of itself constitute a medical quarantine.

NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable. Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, and Instruction 5-21, Voluntary Intoxication, as bearing on the accused’s knowledge, may be applicable.

Source: Instruction 3a-8-1 · view original on jagcnet.army.mil