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See Paragraph 60 (Article 134 - General Article). Elements. (1) That a certain person ordered the accused to be restricted to certain limits; (2) That said person was authorized to order said restriction; (3) That the accused knew of the restriction and the limits thereof; (4) That the accused went beyond the limits of the restriction before being released there from by proper authority; and (5) 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. Explanation. Restriction is the moral restraint of a person imposed by an order directing a person to remain within certain specified limits. “Restriction” includes restriction under R.C.M. 304(a)(2) in the Manual Of Courts Martials (linked to a 3.5M PDF), restriction resulting from imposition of either nonjudicial punishment (see Part V) or the sentence of a court-martial (see R.C.M. 1003(b)(6) in the Manual Of Courts Martials (linked to a 3.5M PDF)), and administrative restriction in the interest of training, operations, security, or safety. Lesser included offenses. Article 80—attempts |
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