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“(a) Any person subject to this chapter who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces shall suffer death or such other punishment as a court-martial may direct.

(b) Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.”

Elements.

(1) That a vessel of the armed forces was hazarded in a certain manner; and

(2) That the accused by certain acts or omissions, willfully and wrongfully, or negligently, caused or suffered the vessel to be hazarded.

Explanation.

(1) Hazard. “Hazard” means to put in danger of loss or injury. Actual damage to, or loss of, a vessel of the armed forces by collision, stranding, running upon a shoal or a rock, or by any other cause, is conclusive evidence that the vessel was hazarded but not of the fact of culpability on the part of any particular person. “Stranded” means run aground so that the vessel is fast for a time. If the vessel “touches and goes,” she is not stranded; if she “touches and sticks,” she is. A shoal is a sand, mud, or gravel bank or bar that makes the water shallow.

(2) Willfully and wrongfully. As used in this article, “willfully” means intentionally and “wrongfully” means contrary to law, regulation, lawful order, or custom.

(3) Negligence. “Negligence” as used in this article means the failure to exercise the care, prudence, or attention to duties, which the interests of the government require a prudent and reasonable person to exercise under the circumstances. This negligence may consist of the omission to do something the prudent and reasonable person would have done, or the doing of something which such a person would not have done under the circumstances. No person is relieved of culpability who fails to perform such duties as are imposed by the general responsibilities of that person’s grade or rank, or by the customs of the service for the safety and protection of vessels of the armed forces, simply because these duties are not specifically enumerated in a regulation or order. However, a mere error in judgment that a reasonably able person might have committed under the same circumstances does not constitute an offense under this article.

(4) Suffer. “To suffer” means to allow or permit. A ship is willfully suffered to be hazarded by one who, although not in direct control of the vessel, knows a danger to be imminent but takes no steps to prevent it, as by a plotting officer of a ship under way who fails to report to the officer of the deck a radar target which is observed to be on a collision course with, and dangerously close to, the ship. A suffering through neglect implies an omission to take such measures as were appropriate under the circumstances to prevent a foreseeable danger.

Lesser included offenses.

(1) Willfully and wrongfully hazarding a vessel.

(a) Article 110—negligently hazarding a vessel

(b) Article 80—attempts

(2) Willfully and wrongfully suffering a vessel to be hazarded.

(a) Article 110—negligently suffering a vessel to be hazarded

(b) Article 80—attempts

Maximum punishment. Hazarding or suffering to be hazarded any vessel of the armed forces:

(1) Willfully and wrongfully. Death or such other punishment as a court-martial may direct.

(2) Negligently. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.