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    • Introduction
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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
 
  1. That the accused had a duty for the care of a certain child;
  2. That the child was under the age of 16 years; 
  3. 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. 
 
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The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
  • Practice Areas
    • Correcting Military Records >
      • Evaluation Report Appeals
      • Reprimand Appeals
      • Family Advocacy Program Appeals
      • Discharge Review Boards
      • Cadet Misconduct
      • Titling Actions
      • Military Protective Orders
    • Separation Boards
    • Military Medical Malpractice Claims
    • Forms, Downloads, and Regulations
  • Military Crimes and Defenses
    • Military Law >
      • Court-martial Information >
        • Know Your Rights
        • Court-Martial Rules >
          • Pretrial Confinement
          • Unlawful Command Influence
          • Article 31 Violation
          • Military Rule of Evidence 412
          • Involuntary Statements
          • Failure to State an Offense
          • Wheeler Factors
      • Court-Martial Defense >
        • Military Sexual Assault Defense
        • Military Drug Defense >
          • Drug Detection Windows
          • Marijuana
          • Cocaine
          • Morphine and Heroin
        • Disrespect Offenses
        • Conspiracy Cases
        • False Statements >
          • Obstruction of Justice
        • Use of Force
        • Assault Cases
        • Conduct Unbecoming
      • Court-Martial Appeals >
        • Petitions for a New Trial
        • Insufficient Evidence
    • Introduction
    • Article 77 Principles
    • Article 78 Accessory After the Fact
    • Article 79 Lesser Included Offenses
    • Article 80 Conspiracy
    • Article 81 Attempts
    • Article 82 Solicitation
    • Article 85 Desertion
    • Article 86 AWOL
    • Article 88 Contempt Towards Officials
    • Article 92 Failure to Obey an Order
    • Article 93 Maltreatment
    • Article 107 False Official Statement
    • Article 112a Wrongful Use of a Controlled Substance
    • Article 119 Manslaughter
    • Article 119b Child Endangerment
    • Article 121 Larceny or Wrongful Appropriation
    • Article 125 Kidnapping
    • Article 133 Conduct Unbecoming
    • Article 134 Bribery and Graft
    • Article 134 Indecent Language
    • Article 134 Obstruction of Justice
  • Firm History
    • Films
    • Books
    • Sketches
    • My Lai
    • Abu Ghraib
    • Haditha
    • MARSOC
    • The Stryker 5
    • Gary Myers
  • Results
  • Blog