Article 108a — Captured or abandoned property

Part IV · Punitive Articles

Article 108a. Captured or abandoned property · MCM ¶ 44

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) All persons subject to this chapter shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

(b) Any person subject to this chapter who—

(1) fails to carry out the duties prescribed in subsection (a);

(2) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or

(3) engages in looting or pillaging; shall be punished as a court-martial may direct.

(b) Elements.

(1) Failing to secure public property taken from the enemy.

(a) That certain public property was taken from the enemy;

(b) That this property was of a certain value; and

(c) That the accused failed to do what was reasonable under the circumstances to secure this property for the service of the United States.

(2) Failing to report and turn over captured or abandoned property.

(a) That certain captured or abandoned public or private property came into the possession, custody, or control of the accused;

(b) That this property was of a certain value; and

(c) That the accused failed to give notice of its receipt and failed to turn over to proper authority, without delay, the captured or abandoned public or private property.

(3) Dealing in captured or abandoned property.

(a) That the accused bought, sold, traded, or otherwise dealt in or disposed of certain public or private captured or abandoned property;

(b) That this property was of certain value; and

(c) That by so doing the accused received or expected some profit, benefit, or advantage to the accused or to a certain person or persons connected directly or indirectly with the accused.

(4) Looting or pillaging.

(a) That the accused engaged in looting, pillaging, or looting and pillaging by unlawfully seizing or appropriating certain public or private property;

(b) That this property was located in enemy or occupied territory, or that it was on board a seized or captured vessel; and

(i) left behind, owned by, or in the custody of the enemy, an occupied state, an inhabitant of an occupied state, or a person under the protection of the enemy or occupied state, or who, immediately prior to the occupation of the place where the act occurred, was under the protection of the enemy or occupied state; or

(ii) part of the equipment of a seized or captured vessel; or

(iii) owned by, or in the custody of the officers, crew, or passengers on board a seized or captured vessel.

(1) Failing to secure public property taken from the enemy.

(a) Nature of property. Unlike the remaining offenses under this article, failing to secure public property taken from the enemy involves only public property. Immediately upon its capture from the enemy public property becomes the property of the United States. Neither the person who takes it nor any other person has any private right in this property.

(b) Nature of duty. Every person subject to military law has an immediate duty to take such steps as are reasonably within that person’s power to secure public property for the service of the United States and to protect it from destruction or loss.

(2) Failing to report and turn over captured or abandoned property.

(a) Reports. Reports of receipt of captured or abandoned property are to be made directly or through such channels as are required by current regulations, orders, or the customs of the Service.

(b) Proper authority. “Proper authority” is any authority competent to order disposition of the property in question.

(3) Dealing in captured or abandoned property. “Disposed of” includes destruction or abandonment.

(4) Looting or pillaging. “Looting or pillaging” means unlawfully seizing or appropriating property which is located in enemy or occupied territory.

(5) Enemy. For a discussion of “enemy,” see subparagraph 27.c.(1)(b).

(6) Firearms or explosive. For purposes of determining the maximum punishment for this offense ( see subparagraph d.(1)(b)), the term “explosive” includes ammunition. See generally R.C.M. 103(11), (12).

(d) Maximum punishment.

(1) Failing to secure public property taken from the enemy; failing to secure, give notice and turn over, selling, or otherwise wrongfully dealing in or disposing of captured or abandoned property :

(a) Of a value of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

(b) Of a value of more than $1,000 or any firearm or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(2) Looting or pillaging. Any punishment, other than death, that a court-martial may direct.

(e) Sample specification s.

(1) Failing to secure public property taken from the enemy. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, fail to secure for the service of the United States certain public property taken from the enemy, to wit: __, of a value of (about) $_____.

(2) Failing to report and turn over captured or abandoned property. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, fail to give notice and turn over to proper authority without delay certain (captured) (abandoned) property which had come into (his) (her) (possession) (custody) (control), to wit: __________, of a value of (about) $__________.

(3) Dealing in captured or abandoned property. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, (buy) (sell) (trade) (deal in) (dispose of) (__) certain (captured) (abandoned) property, to wit: _____, (a firearm) (an explosive), of a value of (about) $__________, thereby (receiving) (expecting) a (profit) (benefit) (advantage) to (himself/herself) (_____, (his) (her) accomplice) (_____, (his) (her) brother) (__________).

(4) Looting or pillaging. In that (personal jurisdiction data), did, (at/onboard—location) (subject-matter jurisdiction, if required), on or about (date), engage in (looting) (and) (pillaging) by unlawfully (seizing) (appropriating) __________, (property which had been left behind) (the property of __________), [(an inhabitant of __________) (__________)].

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

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

(1) $1000 or less: BCD, TF, 6 months, E-1. (Category 1)

(2) Over $1000 or any firearm or explosive: DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, fail to secure for the service of the United States certain public property taken from the enemy, to wit: __________, of a value of (about) $__________.

Elements

(1) That certain public property, namely, (describe the property allegedly taken), [(a firearm) (an explosive)], was taken from the enemy;

NOTE 2. Firearm or explosive alleged. Use the appropriate language in the brackets above only when it is alleged that the property is a firearm or explosive.

(2) That (state the time and place alleged), the accused failed to do what was reasonable under the circumstances to secure this property for the service of the United States; (and)

(3) That the property was of a value of $ __________ (or some lesser amount, in which case the finding should be in the lesser amount).

Definitions & other instructions

In determining whether the accused failed to do what was reasonable under the circumstances to secure the property for the United States, you are advised that every person subject to military law, to include the accused, has an immediate duty to take such steps as are reasonably within that person's power to secure public property for the service of the United States and to protect it from destruction or loss.

“Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.

(“Firearm” means any weapon which is designed to or may be readily converted to expel any projectile by the action of an explosive.)

(“Explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electrical circuit breakers), detonators, and other detonating agents, smokeless powders, any explosive bomb, grenade, missile, or similar device, and any incendiary bomb or grenade, fire bomb, or similar device. “Explosive” includes ammunition.)

NOTE 3. Other instructions. Instruction 7-16, Variance - Value, Damage, or Amount, is ordinarily applicable.

Source: Instruction 3a-44-1 · view original on jagcnet.army.mil

Maximum punishment

(1) $1000 or less: BCD, TF, 6 months, E-1. (Category 1)

(2) Over $1000 or any firearm or explosive: DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that _________ (personal jurisdiction data), did, (at/on board—location), on or about __________, fail to give notice and turn over to proper authority without delay certain (captured) (abandoned) property which had come into (his) (her) (possession) (custody) (control), to wit: __________, of a value of (about) $__________.

Elements

(1) That certain captured or abandoned public or private property came into the possession, custody, or control of the accused, namely, (describe the property alleged) [(a firearm) (an explosive)];

NOTE 2. Firearm or explosive alleged. Use the appropriate language in the brackets above only when it is alleged that the property is a firearm or explosive.

(2) That (state the time and place alleged), the accused failed to give notice of its receipt and failed to turn over to proper authority, without delay, the (captured) (abandoned) (public) (private) property; and

(3) That the property was of a value of $ __________ (or some lesser amount, in which case the finding should be in the lesser amount).

Definitions & other instructions

“Proper authority” means any authority competent to order disposition of the (captured) (abandoned) property.

(“Abandoned” refers to property which the enemy has relinquished, given up, discarded, or left behind.)

(“Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.)

(“Firearm” means any weapon which is designed to or may be readily converted to expel any projectile by the action of an explosive.)

NOTE 3. Other instructions. Instruction 7-16, Variance - Value, Damage, or Amount, is ordinarily applicable.

Source: Instruction 3a-44-2 · view original on jagcnet.army.mil

Maximum punishment

(1) $1000 or less: BCD, TF, 6 months, E-1. (Category 1)

(2) Over $1000 or any firearm or explosive: DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about _________, (buy) (sell) (trade) (deal in) (dispose of) (_________) certain (captured) (abandoned) property, to wit: __________, (a firearm) (an explosive), of a value of (about) $__________, thereby (receiving) (expecting) a (profit) (benefit) (advantage) to (himself/herself) (__________, (his) (her) accomplice) (__________, (his) (her) brother) (__________).

Elements

(1) That (state the time and place alleged), the accused (bought) (sold) (traded) (dealt in) (disposed of) certain (public) (private) (captured) (abandoned) property, namely, (describe the property alleged) [(a firearm) (an explosive)];

NOTE 2. Firearm or explosive alleged. Use the appropriate language in the brackets above only when it is alleged that the property is a firearm or explosive.

(2) That, by so doing, the accused (received) (expected) some (profit) (benefit) (advantage) to [(himself) (herself)] [(a) certain person(s) connected either directly or indirectly with (him) (her)], namely, (state the manner alleged); and

(3) That the property was of a value of $ __________ (or some lesser amount, in which case the finding should be in the lesser amount).

Definitions & other instructions

(“Abandoned” refers to property which the enemy has relinquished, given up, discarded, or left behind.)

(“Disposed of” includes destruction or abandonment.)

(“Firearm” means any weapon which is designed to or may be readily converted to expel any projectile by the action of an explosive.)

NOTE 3. Other instructions. Instruction 7-16, Variance - Value, Damage, or Amount, is ordinarily applicable.

Source: Instruction 3a-44-3 · view original on jagcnet.army.mil

Maximum punishment

DD, TF, life without eligibility for parole, E-1. (Criteria)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, engage in (looting) (and) (pillaging) by unlawfully (seizing) (appropriating) __________, (property which had been left behind) (the property of __________), [(an inhabitant of __________) (__________)].

Elements

(1) That (state the time and place alleged), the accused engaged in (looting) (pillaging) (looting and pillaging) by unlawfully (seizing) (appropriating) certain (public) (private) property, namely, (describe the property seized or appropriated);

(2) That this property was (located in enemy or occupied territory) (on board a seized or captured vessel); and

(3) That this property was:

(a) left behind by, owned by, or in the custody of the enemy, an occupied state, an inhabitant of an occupied state, or a person under the protection of the enemy or an occupied state, or who, immediately prior to the occupation of the place where the act occurred, was under the protection of the enemy or occupied state; or

(b) part of the equipment of a seized or captured vessel; or

Definitions & other instructions

(“Looting”) (and) (“pillaging”) means unlawfully seizing or appropriating property which is located in enemy or occupied territory (or on board a seized or captured vessel).

“Unlawfully seized or appropriated” means to take possession of property in an unauthorized manner or to exercise control over property without proper authorization or justification.

“Property” includes public or private property.

NOTE 2. Definition of vessel. Should there be an issue whether the seizure or appropriation occurred on a “vessel,” see RCM 103(23) and 1 USC section 3.

References

US v. Mello, 36 MJ 1067 (ACMR 1993); US v. Manginell, 32 MJ 891 (AFCMR 1991).

Source: Instruction 3a-44-4 · view original on jagcnet.army.mil