Chapter 50: Article 119b, Ucmj child endangerment
This offense was previously found in Article 134, UCMJ when the book was published.
§ 50:1
Elements
§ 50:2
Discussion
§ 50:3
Standard Instructions
§ 50:4
Maximum Punishments
§ 50:5
Lesser Included Offenses
§ 50:1 – Elements
§ 50:2 – Discussion
This offense provides a very broad definition of culpable negligence. Acts that might foreseeably result in harm to a child, though the harm is not the natural and probable consequence of the act can constitute culpable negligence. Factors to consider include the age of the child, the maturity of the child, the conditions surrounding the conduct, the availability of assistance, provisions made for care of the child, the location of the parent or guardian in the relation to the child are a few.
§ 50:3 - Standard Instructions
Standard Instructions
DA Pamphlet 27-9
3-49-1: Provoking speeches or gestures.
§ 50:4- Maximum Punishment
The maximum punishment includes a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years in cases of endangerment by design resulting in grievous bodily harm.
Endangerment by design resulting in harm carries a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. In other cases by design, the maximum confinement is 4 years.
Endangerment by culpable negligence resulting in grievous bodily harm carries a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. In cases resulting in harm, the maximum confinement is 2 years. Other cases of culpable negligence carry a maximum punishment of a bad conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
§ 50:5 – Lesser Included Offenses
The lesser-included offenses include child endangerment by design under Article 134 and Article 80 – attempts.
§ 50:1
Elements
§ 50:2
Discussion
§ 50:3
Standard Instructions
§ 50:4
Maximum Punishments
§ 50:5
Lesser Included Offenses
§ 50:1 – Elements
- That the accused had a duty for the care of a certain child;
- That the child was under the age of 16 years;
- That the accused endangered the child’s mental or physical health, safety, or welfare through design or culpable negligence.
§ 50:2 – Discussion
This offense provides a very broad definition of culpable negligence. Acts that might foreseeably result in harm to a child, though the harm is not the natural and probable consequence of the act can constitute culpable negligence. Factors to consider include the age of the child, the maturity of the child, the conditions surrounding the conduct, the availability of assistance, provisions made for care of the child, the location of the parent or guardian in the relation to the child are a few.
§ 50:3 - Standard Instructions
Standard Instructions
DA Pamphlet 27-9
3-49-1: Provoking speeches or gestures.
§ 50:4- Maximum Punishment
The maximum punishment includes a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years in cases of endangerment by design resulting in grievous bodily harm.
Endangerment by design resulting in harm carries a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. In other cases by design, the maximum confinement is 4 years.
Endangerment by culpable negligence resulting in grievous bodily harm carries a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. In cases resulting in harm, the maximum confinement is 2 years. Other cases of culpable negligence carry a maximum punishment of a bad conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
§ 50:5 – Lesser Included Offenses
The lesser-included offenses include child endangerment by design under Article 134 and Article 80 – attempts.
