In a case before a court-martial composed of a military judge and members, the military judge shall conduct the hearing outside the presence of the members. The military judge shall examine the evidence or a proffer thereof in camera, if such examination is necessary to rule on the motion. The motion, related papers, and the record of the hearing shall be sealed and shall remain under seal unless the military judge or an appellate court orders otherwise. See paragraph 60. This offense is intended to prohibit and therefore deter reckless or wanton conduct that wrongfully creates a substantial risk of death or serious injury to others.
Conduct is wrongful when it is without legal justification or excuse.
The accused need not intentionally cause a resulting harm or know that his conduct is substantially certain to cause that result. The ultimate question is whether, under all the circumstances, the accused's conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others. It does not include minor injuries, such as a black eye or a bloody nose, but does include fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other serious bodily injuries. It is not necessary that death or grievous bodily harm be actually inflicted to prove reckless endangerment. Lesser included offenses.