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Text.
“Any person subject to this chapter who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.” Elements. (1) Dueling. (a) That the accused fought another person with deadly weapons; (b) That the combat was for private reasons; and (c) That the combat was by prior agreement. (2) Promoting a duel. (a) That the accused promoted a duel between certain persons; and (b) That the accused did so in a certain manner. (3) Conniving at fighting a duel. (a) That certain persons intended to and were about to engage in a duel; (b) That the accused had knowledge of the planned duel; and (c) That the accused connived at the fighting of the duel in a certain manner. (4) Failure to report a duel. (a) That a challenge to fight a duel had been sent or was about to be sent; (b) That the accused had knowledge of this challenge; and (c) That the accused failed to report this fact promptly to proper authority. Explanation. (1) Duel. A duel is combat between two persons for private reasons fought with deadly weapons by prior agreement. (2) Promoting a duel. Urging or taunting another to challenge or to accept a challenge to duel, acting as a second or as carrier of a challenge or acceptance, or otherwise furthering or contributing to the fighting of a duel are examples of promoting a duel. (3) Conniving at fighting a duel. Anyone who has knowledge that steps are being taken or have been taken toward arranging or fighting a duel and who fails to take reasonable preventive action thereby connives at the fighting of a duel. Lesser included offense. Article 80—attempts Maximum punishment. For all Article 114 offenses: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year |
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Revised: 10/21/09.