ArmyAnswer Key

Article 115 Ucmj

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QUESTION 1

Communicating threats- generally

ANSWER

any person subject to this chapter who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as a court-martial may direct.

QUESTION 2

Communicated threat to use explosive etc.

ANSWER

any person subject to this chapter who wrongfully communicates a threat to injure the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance or weapon, or (4) a hazardous material shall be punished as a court-martial may direct.

QUESTION 3

Communicating False Threat concerning use of explosive ETC.

ANSWER

any person subject to this chapter who maliciously communicates a false threat concerning injury to the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon or (4) a hazardous material, shall be punished as court-martial may direct.

QUESTION 4

False Threat

ANSWER

a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat.

QUESTION 5

Elements Threats Generally

ANSWER

(a) that the accused communicated certain language expressing a present determination or intent to injure the person, property, or reputation of another person, presently or in the future; (b) That the communication was made know to that person or to a third party; and (c) That the communication was wrongful.

QUESTION 6

Elements Threat to use explosive

ANSWER

(a) That the accused communicated certain language; (b) That the information communicated amounted to a threat; (c) That the harm threatened was to be done by means of an explosive; weapon of mass destruction; biological or chemical agent, substance, or weapon; or hazardous material; and (d) That the communications was wrongful.

QUESTION 7

Elements False threats concerning use of explosives

ANSWER

(a) That the accused communicated or conveyed certain information; (b) That the information communicated or conveyed concerned an attempt being made or to be made by means of an explosive; weapon of mass destruction; biological or chemical agent, substance, or weapon; or hazardous material, to unlawfully kill, injure, or intimidate a person or to unlawfully damage or destroy certain property; (c) That the information communicated or conveyed by the accused was false and that the accused then knew it to be false; and (d) that the communication of the information by the accused was malicious.

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