Part IV · Punitive Articles
Article 104. Public records offenses · MCM ¶ 34
2024 Manual for Courts-Martial, United States
See all changes(a) Text of statute. Any person subject to this chapter who, willfully and unlawfully—
(1) alters, conceals, removes, mutilates, obliterates, or destroys a public record; or
(2) takes a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy the public record;
shall be punished as a court-martial may direct.
(b) Elements.
(1) That the accused altered, concealed, removed, mutilated, obliterated, destroyed, or took with the intent to alter, conceal, remove, mutilate, obliterate, or destroy, a certain public record; and
(2) That the act of the accused was willful and unlawful.
(c) Explanation “Public records” include records, . reports, statements, or data compilations, in any form, of public offices or agencies, setting forth the activities of the office or agency, or matters observed pursuant to duty imposed by law as to which matters there was a duty to report. “Public records” include classified matters.
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and unlawfully [(alter) (conceal) (remove) (mutilate) (obliterate) (destroy)] [take with intent to (alter) (conceal) (remove) (mutilate) (obliterate) (destroy)] a public record, to wit: __________.
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3a-34-1 · PUBLIC RECORDS OFFENSES
NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment
DD, TF, 3 years, E-1. (Category 2)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and unlawfully [(alter) (conceal) (remove) (mutilate) (obliterate) (destroy)] [take with the intent to (alter) (conceal) (remove) (mutilate) (obliterate) (destroy)] a public record, to wit: __________.
Elements
(1) That (state the time and place alleged), the accused [altered, concealed, removed, mutilated, obliterated, or destroyed] [took with the intent to alter, conceal, remove, mutilate, obliterate, or destroy] a public record, namely: (state the record alleged); and
(2) That the [(altering) (concealing) (removing) (mutilating) (obliterating) (destroying)] [(taking)] was willful and unlawful.
Definitions & other instructions
“Willfully” means intentionally or on purpose.
“Public records” include records, reports, statements, or data compilations in any form of public offices or agencies, setting forth the activities of the office or agency, or matters observed pursuant to duty imposed by law as to which matters there was a duty to report. (Public records include classified matters.)
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, and Instruction 5-21, Voluntary Intoxication, as bearing on the issue of intent to alter, conceal, etc., may be applicable.
Source: Instruction 3a-34-1 · view original on jagcnet.army.mil