Military Judges' Computer Benchbook



APPROVED CHANGE 16-15 (EO 13740 Amendments to Articles 134 Abuse of Public Animal – 3-61-1)MODIFY INSTRUCTION 3-61-1 (ABUSING PUBLIC ANIMAL) to include the following Note after the Title and before a. MAXIMUM PUNISHMENT as follows:3-61-1. ABUSING PUBLIC ANIMAL (ARTICLE 134)NOTE: Applicability of this instruction after 15 September 2016. Use this instruction only for offenses occurring prior to 16 September 2016.ADD NEW INSTRUCTION 3-61-2 as follows:3–61–2. ANIMAL ABUSE (ARTICLE 134)NOTE 1: Applicability of this instruction before 16 September 2016. Use this instruction only for offenses occurring on or after 16 September 2016.a. MAXIMUM PUNISHMENT: Abuse, neglect, or abandonment of an animal. Bad conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.Abuse, neglect, or abandonment of a public animal. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 2 years.Sexual act with an animal or cases where the accused caused the serious injury or death of the animal. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. b. MODEL SPECIFICATION:In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, (wrongfully [abuse] [neglect] [abandon]) (engage in a sexual act, to wit: ____, with) a certain (public) animal (and caused [serious injury to] [the death of] the animal), such conduct being (to the prejudice of good order and discipline in the armed forces) (and) (of a nature to bring discredit upon the armed forces).c. ELEMENTS: Abuse, neglect, or abandonment of an animal:(1) That (state the time and place alleged), the accused wrongfully abused, neglected, or abandoned a certain (public) animal (and caused the serious injury or death of the animal); and(2) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (or) (of a nature to bring discredit upon the armed forces).Sexual act with an animal:That (state the time and place alleged), the accused engaged in a sexual act with a certain animal; and(2) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (or) (of a nature to bring discredit upon the armed forces).d. DEFINITIONS AND OTHER INSTRUCTIONS:(“Conduct prejudicial to good order and discipline” is conduct which causes a reasonably direct and obvious injury to good order and discipline.) (“Service discrediting conduct” is conduct which tends to harm the reputation of the service or lower it in public esteem.)"Animal" means pets and animals of the type that are raised by individuals for resale to others, including but not limited to: cattle, horses, sheep, pigs, goats, chickens, dogs, cats, and similar animals owned or under the control of any person. Animal does not include reptiles, insects, arthropods, or any animal defined or declared to be a pest by the administrator of the United States Environmental Protection Agency.(“Public animal” means any animal owned or used by the United States or any animal owned or used by a local or state government in the United States, its territories or possessions. This would include, for example, drug detector dogs used by the government.)NOTE 2: Abuse, neglect, or abandonment of an animal. When abuse, neglect, or abandonment of an animal is charged, give the following definitions, as applicable:("Abuse" means intentionally and unjustifiably: overdriving, overloading, overworking, tormenting, beating, depriving of necessary sustenance, allowing to be housed in a manner that results in chronic or repeated serious physical harm, carrying or confining in or upon any vehicles in a cruel or reckless manner, or otherwise mistreating an animal. (Abuse may include any sexual touching of an animal if not included inthe definition of "sexual act with an animal" below.))("Neglect" means allowing another to abuse an animal, or, having the charge or custody of any animal, intentionally, knowingly, recklessly, or negligently failing to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved.) ("Abandon" means the intentional, knowing, reckless or negligent leaving of an animal at a location without providing minimum care while having the charge or custody of that animal.)“Wrongfully” means without legal justification or excuse.This offense does not include legal hunting, trapping, or fishing; reasonable and recognized acts of training, handling, or disciplining of an animal; normal and accepted farm or veterinary practices; research or testing conducted in accordance with approved military protocols; protection of person or property from an unconfined animal; or authorized military operations or military training. If the alleged conduct falls into one of these categories, then the conduct was not wrongful.“Intentionally” means on purpose or by design. (“Knowingly” means voluntary and intentional. An act done because of mistake or accident or other innocent reasons is not done “knowingly.”)(“Recklessly” means a culpable disregard of foreseeable consequences from the act or omission involved. The accused need not intentionally cause a resulting harm or know that (his) (her) conduct is substantially certain to cause that result. The question is whether, under all the circumstances, the accused’s conduct was of such heedless nature that made it actually or imminently dangerous to the animal.) (“Negligently” means the absence of due care, that is, (an act) (or) (failure to act) by a person who is under a duty to use due care which demonstrates a lack of care for the safety of an animal which a reasonably careful person would have used under the same or similar circumstances.)("Serious injury of an animal" means physical harm that involves a temporary but substantial disfigurement; causes a temporary but substantial loss or impairment of the function of any bodily part or organ; causes a fracture of any bodily part; causes permanent maiming; causes acute pain of a duration that results in suffering; or carries a substantial risk of death. Serious injury includes, but is not limited to, burning, torturing, poisoning, or maiming.)NOTE 3: Sexual act with an animal. When sexual act with an animal is charged, give the following definition:"Sexual act with an animal" means contact between the sex organ, anus, or mouth of a person and an animal or between the sex organ, mouth, or anus of an animal and a person or object manipulated by a person if done with an intent to arouse or gratify the sexual desire of any person. ................
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