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Text.

See Paragraph 60.

Elements.

(1) That the accused discharged a firearm;

(2) That the discharge was willful and wrongful;

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

(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. “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.

Lesser included offenses.

(1) Article 134—firearm, discharging—through negligence

(2) Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Next Article > Article 134 - (Fleeing scene of accident) >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 81