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Chapter 34: Article 121, UCMJ Larceny or wrongful appropriation

§ 34:1
Elements

§ 34:2
Discussion

§ 34:3
Standard Instructions

§ 34:4
Maximum Punishments

§ 34:5
Lesser Included Offenses

§ 34:1 – Elements
 
Larceny
 
  1. That the accused wrongfully took, obtained, or withheld certain property from the possession of the owner or of any other person;

  2. That the property belonged to a certain person;

  3. That the property was of a certain value, or of some value; and

  4. That the taking, obtaining, or withholding by the accused was with the intent permanently to deprive or defraud another person of the use and benefit of the property or permanently to appropriate the property for the use of the accused or for any person other than the owner.  
[If the property was military property, add the following element]
 
  1. That the property was military property.
 
Wrongful appropriation
 
  1. That the accused wrongfully took, obtained, or withheld certain property from the possession of the owner or of any other person;

  2. That the property belonged to a certain person; 

  3. That the property was of a certain value, or of some value; and

  4. That the taking, obtaining, or withholding by the accused was with the intent temporarily to deprive or defraud another person of the use and benefit of the property or temporarily to appropriate the property for the use of the accused or for any person other than the owner.  

§ 34:2 – Discussion

The Uniform Code of Military Justice combines the theories of larceny, wrongfully obtaining with intent to permanently defraud by false pretenses, and embezzlement.  The law does not require the government to specifically allege with theory they have chosen. They must only allege that the accused did steal something.  A larceny occurs anytime there is a movement of the property coupled with the requisite intent.  
 
Generally speaking, there is no defense of self-help where the accused does not have a honest claim of legal right to the allegedly stolen property.[1] Defense counsel should remember that mistake of fact for larceny need only be honestly held. [2]  The government does have discretion to charge cases involving fraudulently obtained military pay as a larceny.  
 
§ 34:3 - Standard Instructions
Standard Instructions
DA Pamphlet 34-9
3-46-1: Larceny.
3-46-2: Wrongful appropriation.
 
§ 34:4- Maximum Punishment
 
The maximum punishment for larceny of military property of a value of $500.00 or less is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year. Of a value more than $500.00, the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
For property other than military property of a value of $500.00 or less, the maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six-months.  Of a value more than $500.00, the maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Wrongful appropriation of property under $500.00 carries a maximum penalty of confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.  Of a value more than $500.00, the maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months.  If a wrongful appropriation of any motor vehicle, aircraft, vessel, firearm, or explosive is involved the maximum penalty is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. 
§ 34:5 – Lesser Included Offenses
 
The lesser-included offenses for larceny are wrongful appropriation and Article 80 – attempts.  The lesser-included offenses for larceny of military property are larceny or property other than military property, wrongful appropriation, and Article 80 – attempts. The only lesser-included offense of wrongful appropriation is Article 80 – attempts. 


[1] US v. Gunter, 42 MJ 292 (CAAF 1995)

[2] US v. Fenner, 53 MJ 666 (AFCCA 2000)

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The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
  • Practice Areas
    • Correcting Military Records >
      • Evaluation Report Appeals
      • Reprimand Appeals
      • Family Advocacy Program Appeals
      • Discharge Review Boards
      • Cadet Misconduct
      • Titling Actions
      • Military Protective Orders
    • Separation Boards
    • Military Medical Malpractice Claims
    • Forms, Downloads, and Regulations
  • Military Crimes and Defenses
    • Military Law >
      • Court-martial Information >
        • Know Your Rights
        • Court-Martial Rules >
          • Pretrial Confinement
          • Unlawful Command Influence
          • Article 31 Violation
          • Military Rule of Evidence 412
          • Involuntary Statements
          • Failure to State an Offense
          • Wheeler Factors
      • Court-Martial Defense >
        • Military Sexual Assault Defense
        • Military Drug Defense >
          • Drug Detection Windows
          • Marijuana
          • Cocaine
          • Morphine and Heroin
        • Disrespect Offenses
        • Conspiracy Cases
        • False Statements >
          • Obstruction of Justice
        • Use of Force
        • Assault Cases
        • Conduct Unbecoming
      • Court-Martial Appeals >
        • Petitions for a New Trial
        • Insufficient Evidence
    • Introduction
    • Article 77 Principles
    • Article 78 Accessory After the Fact
    • Article 79 Lesser Included Offenses
    • Article 80 Conspiracy
    • Article 81 Attempts
    • Article 82 Solicitation
    • Article 85 Desertion
    • Article 86 AWOL
    • Article 88 Contempt Towards Officials
    • Article 92 Failure to Obey an Order
    • Article 93 Maltreatment
    • Article 107 False Official Statement
    • Article 112a Wrongful Use of a Controlled Substance
    • Article 119 Manslaughter
    • Article 119b Child Endangerment
    • Article 121 Larceny or Wrongful Appropriation
    • Article 125 Kidnapping
    • Article 133 Conduct Unbecoming
    • Article 134 Bribery and Graft
    • Article 134 Indecent Language
    • Article 134 Obstruction of Justice
  • Firm History
    • Films
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    • Sketches
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