Article 109 — Property other than military property of United States—waste, spoilage, or destruction

Part IV · Punitive Articles

Article 109. Property other than military property of United States—waste, spoilage, or destruction · MCM ¶ 45

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States shall be punished as a court-martial may direct.

(b) Elements.

(1) Wasting or spoiling of non-military property.

(a) That the accused willfully or recklessly wasted or spoiled certain real property in a certain manner;

(b) That the property was that of another person; and

(2) Damaging non-military property.

(a) That the accused willfully and wrongfully damaged certain personal property in a certain manner;

(b) That the property was that of another person; and

(3) Destroying non-military property.

(a) That the accused willfully and wrongfully destroyed certain personal property in a certain manner;

(b) That the property was that of another person; and

(1) Wasting or spoiling non-military property. This portion of Article 109 proscribes willful or reckless waste or spoliation of the real property of another. The terms “wastes” and “spoils” as used in this article refer to such wrongful acts of voluntary destruction of or permanent damage to real property as burning down buildings, burning piers, tearing down fences, or cutting down trees. This destruction is punishable whether done willfully, that is intentionally, recklessly, or is through a culpable disregard of the foreseeable consequences of some voluntary act.

(2) Destroying or damaging non-military property. This portion of Article 109 proscribes the willful and wrongful destruction or damage of the personal property of another. To be destroyed, the property need not be completely demolished or annihilated, but must be sufficiently injured to be useless for its intended purpose. Damage consists of any physical injury to the property. To constitute an offense under this section, the destruction or damage of the property must have been willful and wrongful. As used in this section “willfully” means intentionally and “wrongfully” means contrary to law, regulation, lawful order, or custom. Willfulness may be proved by circumstantial evidence, such as the manner in which the acts were done.

(3) Value and damage. In the case of destruction, the value of the property destroyed controls the maximum punishment which may be adjudged. In the case of damage, the amount of the damage controls. As a general rule, the amount of damage is the estimated or actual cost of repair by artisans employed in this work who are available to the community wherein the owner resides, or the replacement cost, whichever is less. See also subparagraph 64.c.(1)(g).

(d) Maximum punishment.

(1) Wasting or spoiling, non-military property—real property.

(a) Of property valued at $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(b) Of property valued at more than $1,000. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(2) Damaging any property other than military property of the United States.

(a) Inflicting damage of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(b) Inflicting damage of more than $1,000. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(3) Destroying any property other than military property of the United States.

(a) Destroying property valued at $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(b) Destroying property valued at more than $1,000. Dishonorable discharge; forfeiture of all pay and allowances, and confinement for 5 years.

(e) Sample specification s.

(1) Wasting or spoiling real property other than military property of the United States. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, [(willfully) recklessly) waste _______] [(willfully) (recklessly) spoil______] (of a value of (about) $__________) (the amount of said damage being in the sum of (about) $__________), the property of __________.

(2) Damaging any property other than military property of the United States. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and wrongfully damage by (method of damage) (identify property damaged__________) (the amount of said damage being in the sum of (about) $__________), the property of __________.

(3) Destroying personal property other than military property of the United States. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully and wrongfully destroy (identify property destroyed __________), of a value of (about) $__________ the property 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, 1 year, E-1. (Category 1)

(2) More than $1000: DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, [(willfully) recklessly) waste __________] [(willfully) (recklessly) spoil __________], (of a value of (about) $__________), (the amount of said damage being in the sum of (about) $ _________), the property of __________.

Elements

(1) That (state the time and place alleged), the accused (willfully) (recklessly) (wasted) (spoiled), certain real property, namely: (describe the property alleged) by (state the manner alleged);

(2) That the property belonged to (state the name of the owner 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

(“Waste”) (and) (“Spoil”) means to wrongfully and voluntarily destroy or permanently damage real property (, such as burning down buildings, burning piers, tearing down fences, or cutting down trees).

NOTE 2. If willfulness is alleged. If the act was alleged as willful, the following is ordinarily applicable:

“Willfully” means intentionally or on purpose.

NOTE 3. If recklessness is alleged. If recklessness is alleged, the following instruction should be given:

“Recklessly” means a degree of carelessness greater than simple negligence. Negligence is the absence of due care, that is, (an act) (failure to act) by a person who is under a duty to use due care which demonstrates a lack of care for the property of others which a reasonably prudent person would have used under the same or similar circumstances. Recklessness, on the other hand, is a negligent (act) (failure to act) with a gross, deliberate, or wanton disregard for the foreseeable results to the property of others.

NOTE 4. Lesser included offense. Recklessly wasting or spoiling is a lesser included offense of willfully wasting and spoiling.

NOTE 5. Other instructions. Instruction 7-16, Variance - Value, Damage, or Amount, is ordinarily applicable. Also, Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.

Source: Instruction 3a-45-1 · view original on jagcnet.army.mil

Maximum punishment

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

(2) More than $1000: DD, TF, 5 years, E-1. (Category 2)

Sample specification

Damaging non-military property:

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and wrongfully damage by (method of damage) (identify property damaged ________) (the amount of said damage being in the sum of (about) $ __________), the property of __________.

Destroying non-military property:

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and wrongfully destroy (identify property destroyed ________), of a value of (about) $ __________ the property of __________.

Elements

(1) That (state the time and place alleged), the accused willfully and wrongfully (damaged) (destroyed) certain personal property, that is (describe the property alleged) by (state the manner alleged);

(2) That the property belonged to (state the name of the owner alleged); and

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

Definitions & other instructions

An act is done “willfully” if it is done intentionally or on purpose.

“Wrongfully” means contrary to law, regulation, lawful order, or custom.

NOTE 2. Destruction alleged. If destruction is alleged, define it as follows:

To be “destroyed,” the property need not be completely demolished or annihilated, but must be sufficiently injured to be useless for its intended purpose.

NOTE 3. Damage alleged. If damage is alleged, give the following definition:

“Damage” consists of any physical injury to the property.

(As a general rule, the amount of damage is the estimated or actual cost of repair by artisans employed in this work who are available to the community wherein the owner resides, or the replacement cost, whichever is less.)

NOTE 4. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), and Instruction 7-16, Variance - Value, Damage, or Amount, are ordinarily applicable.

Source: Instruction 3a-45-2 · view original on jagcnet.army.mil