Summary of changes
Article 114 — Endangerment offenses
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
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0 removed
66 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
52.a.
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Text of statute.
Current text
Text of statute.
52.a.(a)
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RECKLESS ENDANGERMENT.—Any person subject to this chapter who engages in conduct that—
Current text
RECKLESS ENDANGERMENT.—Any person subject to this chapter who engages in conduct that—
52.a.(a)(1)
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is wrongful and reckless or is wanton; and
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is wrongful and reckless or is wanton; and
52.a.(a)(2)
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is likely to produce death or grievous bodily harm to another person; shall be punished as a court-martial may direct.
Current text
is likely to produce death or grievous bodily harm to another person; shall be punished as a court-martial may direct.
52.a.(b)
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DUELING.—Any person subject to this chapter—
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DUELING.—Any person subject to this chapter—
52.a.(b)(1)
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who fights or promotes, or is concerned in or connives at fighting, a duel; or
Current text
who fights or promotes, or is concerned in or connives at fighting, a duel; or
52.a.(b)(2)
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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.
Current text
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.
52.a.(c)
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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.
Current text
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.
52.a.(d)
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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.
Current text
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.
52.b.
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Elements.
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Elements.
52.b.(1)
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Reckless endangerment.
Current text
Reckless endangerment.
52.b.(1)(a)
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That the accused did engage in conduct;
Current text
That the accused did engage in conduct;
52.b.(1)(b)
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That the conduct was wrongful and reckless or wanton; and
Current text
That the conduct was wrongful and reckless or wanton; and
52.b.(1)(c)
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That the conduct was likely to produce death or grievous bodily harm to another person.
Current text
That the conduct was likely to produce death or grievous bodily harm to another person.
52.b.(2)
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Dueling.
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Dueling.
52.b.(2)(a)
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That the accused fought another person with deadly weapons;
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That the accused fought another person with deadly weapons;
52.b.(2)(b)
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That the combat was for private reasons; and
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That the combat was for private reasons; and
52.b.(2)(c)
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That the combat was by prior agreement.
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That the combat was by prior agreement.
52.b.(3)
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Promoting a duel.
Current text
Promoting a duel.
52.b.(3)(a)
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That the accused promoted a duel between certain persons; and
Current text
That the accused promoted a duel between certain persons; and
52.b.(3)(b)
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That the accused did so in a certain manner.
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That the accused did so in a certain manner.
52.b.(4)
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Conniving at fighting a duel.
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Conniving at fighting a duel.
52.b.(4)(a)
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That certain persons intended to and were about to engage in a duel;
Current text
That certain persons intended to and were about to engage in a duel;
52.b.(4)(b)
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That the accused had knowledge of the planned duel; and
Current text
That the accused had knowledge of the planned duel; and
52.b.(4)(c)
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That the accused connived at the fighting of the duel in a certain manner.
Current text
That the accused connived at the fighting of the duel in a certain manner.
52.b.(5)
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Failure to report a duel.
Current text
Failure to report a duel.
52.b.(5)(a)
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That a challenge to fight a duel had been sent or was about to be sent;
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That a challenge to fight a duel had been sent or was about to be sent;
52.b.(5)(b)
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That the accused had knowledge of this challenge; and
Current text
That the accused had knowledge of this challenge; and
52.b.(5)(c)
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That the accused failed to report this fact promptly to proper authority.
Current text
That the accused failed to report this fact promptly to proper authority.
52.b.(6)
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Firearm discharge, endangering human life.
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Firearm discharge, endangering human life.
52.b.(6)(a)
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That the accused discharged a firearm;
Current text
That the accused discharged a firearm;
52.b.(6)(b)
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That the discharge was willful and wrongful; and
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That the discharge was willful and wrongful; and
52.b.(6)(c)
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That the discharge was under circumstances such as to endanger human life.
Current text
That the discharge was under circumstances such as to endanger human life.
52.b.(7)
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Carrying concealed weapon.
Current text
Carrying concealed weapon.
52.b.(7)(a)
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That the accused carried a certain weapon concealed on or about the accused’s person;
Current text
That the accused carried a certain weapon concealed on or about the accused’s person;
52.b.(7)(b)
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That the carrying was unlawful; and
Current text
That the carrying was unlawful; and
52.b.(7)(c)
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That the weapon was a dangerous weapon.
Current text
That the weapon was a dangerous weapon.
52.b.(7)(c)|D
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For negligent discharge of a firearm, see paragraph 100.
Current text
For negligent discharge of a firearm, see paragraph 100.
52.c.
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Explanation.
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Explanation.
52.c.(1)
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Reckless endangerment.
Current text
Reckless endangerment.
52.c.(1)(a)
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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.
Current text
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.
52.c.(1)(b)
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Wrongfulness.
Conduct is wrongful when it is without legal justification or excuse.
Current text
Wrongfulness.
Conduct is wrongful when it is without legal justification or excuse.
52.c.(1)(c)
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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.
Current text
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.
52.c.(1)(d)
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Wantonness.
“Wanton” includes “reckless” but may connote willfulness, or a disregard of probable consequences, and thus describe a more aggravated offense.
Current text
Wantonness.
“Wanton” includes “reckless” but may connote willfulness, or a disregard of probable consequences, and thus describe a more aggravated offense.
52.c.(1)(e)
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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.
Current text
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.
52.c.(1)(f)
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Grievous bodily harm.
This phrase has the same meaning given it in subparagraph 77.c.(1)(c).
Current text
Grievous bodily harm.
This phrase has the same meaning given it in subparagraph 77.c.(1)(c).
52.c.(1)(g)
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Death or injury not required.
It is not necessary that death or grievous bodily harm be actually inflicted to prove reckless endangerment.
Current text
Death or injury not required.
It is not necessary that death or grievous bodily harm be actually inflicted to prove reckless endangerment.
52.c.(2)
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Dueling.
Current text
Dueling.
52.c.(2)(a)
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Duel.
A duel is combat between two persons for private reasons fought with deadly weapons by prior agreement.
Current text
Duel.
A duel is combat between two persons for private reasons fought with deadly weapons by prior agreement.
52.c.(2)(b)
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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.
Current text
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.
52.c.(2)(c)
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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.
Current text
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.
52.c.(3)
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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.
Current text
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.
52.c.(4)
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Carrying concealed weapon.
Current text
Carrying concealed weapon.
52.c.(4)(a)
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Concealed weapon.
A weapon is concealed when it is carried by a person and intentionally covered or kept from sight.
Current text
Concealed weapon.
A weapon is concealed when it is carried by a person and intentionally covered or kept from sight.
52.c.(4)(b)
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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.
Current text
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.
52.c.(4)(c)
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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.
Current text
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.
52.d.
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Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
52.e.
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Sample specification s.
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Sample specification s.
52.e.(1)
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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 __________.
Current text
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 __________.
52.e.(2)
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Dueling.
Current text
Dueling.
52.e.(2)(a)
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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) (______).
Current text
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) (______).
52.e.(2)(b)
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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).
Current text
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).
52.e.(2)(c)
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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) (_________).
Current text
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) (_________).
52.e.(2)(d)
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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.
Current text
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.
52.e.(3)
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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.
Current text
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.
52.e.(4)
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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 __________.
Current text
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 __________.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.