offense of indecent acts with another, to prove the more serious United States v. Esposito, 57 M.J.608 (C.G. audio-visual UCMJ, is not a lesser included offense of forcible sodomy under Article UCMJ Article 110 Improper Hazarding of Vessel or Aircraft, UCMJ Article 111 Leaving Scene of Vehicle Accident, UCMJ Article 112 Drunkenness and Other Incapacitation Offenses, UCMJ Article 112a Wrongful Use, Possession of Controlled Substances, UCMJ Article 113 Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel, UCMJ Article 116 Riot or Breach of Peace, UCMJ Article 117 Provoking Speeches or Gestures, UCMJ Article 119a Death or Injury of an Unborn Child, UCMJ Article 120 Rape and Sexual Assault Generally, UCMJ Article 120a Mails: Deposit of Obscene Matter, UCMJ Article 120b Rape and Sexual Assault of a Child, UCMJ Article 120c Other Sexual Misconduct, UCMJ Article 121 Larceny and Wrongful Appropriation, UCMJ Article 121a Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices, UCMJ Article 121b False Pretenses to Obtain Services, UCMJ Article 122a Receiving Stolen Property, UCMJ Article 123 Offenses Concerning Government Computers, UCMJ Article 123a Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds, UCMJ Article 124 Fraud Against the United States, UCMJ Article 126 Arson; Burning with Intent to Defraud, UCMJ Article 129 Burglary; Unlawful Entry, UCMJ Article 131a Subornation of Perjury, UCMJ Article 131c Misprision of Serious Offense, UCMJ Article 131d Wrongful Refusal to Testify, UCMJ Article 131e Prevention of Authorized Seizure of Property, UCMJ Article 131f Noncompliance with Procedural Rules, UCMJ Article 131g Wrongful Interference with Adverse Administrative Proceeding, UCMJ Article 133 Conduct Unbecoming an Officer and a Gentlemen, UCMJ Article 134 Adultery (General Article), UCMJ Article 134 Check, Worthless Making and Uttering by Dishonorably Failing to Maintain Funds, UCMJ Article 134 Debt, Dishonorably Failing to Pay, UCMJ Article 134 Disorderly Conduct, Drunkenness, UCMJ Article 134 Firearm, Discharging Through Negligence, UCMJ Article 134 Gambling with Subordinate, UCMJ Article 134 Pandering and Prostitution, UCMJ Article 134 Self Injury, Without Intent to Avoid Service. The offense of false official statement differs from perjury in that a false official statement may be made outside a judicial proceeding and materiality is not an essential element. 0000120995 00000 n M.R. undercover detective posing as a 14-year-old girl was not sufficient to (to establish a prima facie RFRA defense, an accused must show by a preponderance of the evidence that the government action (1) substantially burdens (2) a religious belief (3) that the defendant sincerely holds; if a claimant establishes a prima facie case, the burden shifts to the government to show that its actions were the least restrictive means of furthering a compelling governmental interest; in this case, because appellant failed to establish a prima facie case, the burden did not shift to the government in this case). (an option to request an accommodation may eliminate burdens on religious exercise or reduce those burdens to de minimis acts of administrative compliance that are not substantial for RFRA purposes). (a plain reading of the 2016 version of Article 43 (b), UCMJ, provides that the statute of limitations for the charges in this case under Articles 125 and 134, UCMJ, prohibit service-discrediting conduct under Article 134 so long as course of Maximum Possible Punishment for Violations of Article 93 NJP - Army Firstly, to determine punishments, many factors are considered by the accused persons commanding officer. The Unresolved Ambiguities of Article 43
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