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Text.
See Paragraph
60.
(a)
That the accused was the driver of a vehicle;
(b)
That while the accused was driving the vehicle was involved in an accident;
(c) That
the accused knew that the vehicle had been in an accident;
(d) That
the accused left the scene of the accident without (providing assistance
to the victim who had been struck (and injured) by the said vehicle)
or (providing identification);
(e) That
such leaving was wrongful; and
(f) 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.
(a)
That the accused was a passenger in a vehicle which was involved
in an accident;
(b)
That the accused knew that said vehicle had been in an accident;
(c)
That the accused was the superior commissioned or noncommissioned
officer of the driver, or commander of the vehicle, and wrongfully
and unlawfully ordered, caused, or permitted the driver to leave
the scene of the accident without (providing assistance to the victim
who had been struck (and injured) by the said vehicle) (or) (providing
identification); and
(d) 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.
(1) Nature of
offense. This offense covers “hit and run” situations
where there is damage to property other than the driver’s vehicle
or njury to someone other than the driver or a passenger in the driver’s
vehicle. It also covers accidents caused by the accused, even if the
accused’s vehicle does not contact other people, vehicles, or
property.
(2) Knowledge.
Actual knowledge that an accident has occurred is an essential element
of this offense. Actual knowledge may be proved by circumstantial evidence.
(3) Passenger.
A passenger other than a senior passenger may also be liable under
this paragraph. See paragraph
1 of this Part.
Lesser
included offenses. Article
80—attempts
Maximum
punishment. Bad-conduct discharge, forfeiture of
all pay and allowances, forfeiture of all pay and allowances, and confinement
for 6 months.
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134 - (Fraternization) >
Above
Information from Manual for Court Martial, 2002, Chapter 4, Paragraph
82
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