Military Lawyer for Importation or Exportation with Intent to Distribute: Article 112a
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Wrongful Importation or Exportation of a Controlled Substance – Article 112a, UCMJ
Definitions and Defenses Under Article 112a, UMCJ
Knowledge of the Substance At Issue Under Article 112a, UCMJ
Knowledge of the Nature of the Substance At Issue Under Article 112a, UCMJ
Deliberate Avoidance Under Article 112a, UMCJ
- You did not know for sure that the substance was not of a contraband nature.
- You were aware that there was a high probability that the substance was of a contraband nature; and
- You deliberately and consciously tried to avoid learning that, in fact, the substance was of a contraband nature, then the jury may treat this as the deliberate avoidance of positive knowledge. Such deliberate avoidance of positive knowledge is the equivalent of knowledge.
Exceptions to Wrongfulness
- Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana, methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, and III controlled substances: Dishonorable Discharge, Total Forfeitures, 15 years Confinement, Reduction to E-1.
- Phenobarbital and Schedule IV and V controlled substances: Dishonorable Discharge, Total Forfeitures, 10 years Confinement, Reduction to E-1.
Defense of Ignorance or Mistake in Drug Offenses Under Article 112a, UMCJ
Actual knowledge by you of the presence and nature of contraband drugs is necessary for a finding of guilty of Article 112a offenses. Ignorance can arise with respect to the presence of drugs, and mistake can be raised as to knowledge of their identity. Ignorance or mistake of the fact that a particular substance is contraband (i.e., that its possession, distribution, use, etc., was forbidden by law, regulation, or order) is not a defense. For a finding of guilty of wrongful introduction, you must also have actual knowledge that you entered into or onto a military unit, base, station, post, installation, vessel, vehicle, or aircraft.