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Text.
See Paragraph
60.
Elements.
(1) Disrespect
to a sentinel or lookout.
(a) That
a certain person was a sentinel or lookout;
(b) That
the accused knew that said person was a sentinel or lookout;
(c) That
the accused used certain disrespectful language or behaved in a certain
disrespectful manner;
(d) That
such language or behavior was wrongful;
(e) That
such language or behavior was directed toward and within the sight
or hearing of the sentinel or lookout;
(f) That
said person was at the time in the execution of duties as a sentinel
or lookout; and
(g) 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.
(2) Loitering
or wrongfully sitting on post by a sentinel or lookout.
(a) That
the accused was posted as a sentinel or lookout;
(b) That
while so posted, the accused loitered or wrongfully sat down on post;
and
(c) 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. [Note: If the offense was committed
in time of war or
while the accused was receiving special pay under 37
U.S.C. § 310,
add the following element after element (a): That the accused was so
posted (in time of war) (while receiving special pay under 37 U.S.C.
§ 310).]
Explanation.
(1) Disrespect.
For a discussion of “disrespect,” see paragraph
13c(3).
(2) Loitering
or wrongfully sitting on post.
(a) In
general. The discussion set forth in paragraph
38c applies to loitering or sitting down while posted as a sentinel
or lookout as well.
(b) Loiter.
“Loiter” means to stand around, to move about slowly,
to linger, or to lag behind when that conduct is in violation of known
instructions or accompanied by a failure to give complete attention
to duty.
Lesser
included offenses.
(1) Disrespect
to a sentinel or lookout. Article
80—attempts
(2) Loitering
or wrongfully sitting on post by a sentinel or lookout. Article
80—attempts
Maximum
punishment.
(1) Disrespect
to a sentinel or lookout. Confinement for 3 months and forfeiture
of two-thirds pay per month for 3 months.
(2) Loitering
or wrongfully sitting on post by a sentinel or lookout.
(a) In
time of war or while receiving special pay under 37 U.S.C. §
310. Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 2 years.
(b) Other
cases. Bad-conduct discharge, forfeiture of all pay and allowances,
and confinement for 6 months.
Above
Information from Manual for Court Martial, 2002, Chapter 4, Paragraph
104
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