Page:Title 3 CFR 2007 Compilation.djvu/298

 EO 13447 Title 3--The President 55 (4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and disciplzne in the armed forces or was of a nature to bring dzseredit upon the armed forces. C. Explanati on. (1) In general. This offense is intended to prohibit and therefore deter child endangerment through design or culpable negligence. (2) Design. Deslgn means on purpose, intentionally, or according to plan and requires specific intent to endanger the child. (3) Culpable negligence. Culpable negligence is a degree of carelessness greater than simple negligence. It is a negligent act or omlss\361on accompanied by a culpable disregard for the foreseeable consequences to others of that act or omission. In the context of this offense, culpable negligence may include acts that, when viewed in the light of human experience, might foreseeably result in harm to a child, even though such harm would not necessarily be the natural and probable consequences of such acts. In this regard, the age and maturity of the child, the conditions surrounding the neglectful conduct, the proximity of assistance available, the nature of the environment in which the child may have been left, the provisions made for care of the child, and the location of the parent or adult responsible for the child relative to the location of the child, among others, may be considered in determining whether the conduct constituted culpable negligence. (4) Marm. Actual physical or mental harm to the child is not required. The offense requires that the accused's actions reasonably could have caused physical or mental harm or 298

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