EXECMILTAPR27

With consent of the accused and the government the military judge may authorize any witness to testify via remote means. Testimony is not admissible unless the accused agrees under certain conditions. The Judge will weigh the cost, timing of the request for the witness, potential delay in the proceeding, the willingness of the witness to testify in person or not and reasons that might affect the military mission. Regarding a child witness the judge will look at possible trauma from the testimony.

If the accused is made present by the video technology the accused must have a defense counsel physically present, too, and all parties must be able to see and hear each other. The accused may have private and contemporaneous conversation with defense counsel.

Attempting to kill an unborn child is now made to be worthy of court martial. Anyone who engages in conduct that causes the death of or bodily injury to an in utero fetus. Punishments would equal those imposed if the actions resulted in the death of the mother.

It becomes a separate crime if the death of the child resulted from arson and the mother sustained some injury from the arson.

Proof is not required that the person had knowledge or should have that the victim was pregnant or that he/she intended to kill or injure the fetus. Proof that the death was intended could bring the death penalty. The provision notes that it does not apply to anyone authorized to conduct an abortion with the consent of the mother.

Bodily injuring is defined as a cut, abrasion, bruise, burn or disfigurement; physical pain, illness, impairment of a bodily member, organ or mental faculty or any other injury to the body no matter how temporary.

Maximum punishments for injuring, killing, attempting to kill or intentionally killing an unborn child does not automatically bring the death penalty but the punishment must be consistent with the injury or death of the child’s mother.

Anyone who operates any vehicle, aircraft or vessel in a reckless or wanton manner or while impaired by alcohol or control substances faces judgment. Under the influence means drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds restricting limits under state law. The limit appears to be .10. Outside the US the blood/breath limit signaling drunkenness may be lowered. Such offenses also trigger court martial proceedings.

Stalking is an issue when it causes the person being stalked to fear death or bodily harm including sexual assault, to himself or herself or a member of his or her immediate family. Also important is the knowledge or that the person being stalked will live in fear or death or bodily harm. Maximum punishment is Dishonorable discharge, forfeiture of all pay and allowances and confinement for 3 years.

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