Part IV · Punitive Articles
Article 109a. Mail matter: wrongful taking, opening, etc. · MCM ¶ 46
2024 Manual for Courts-Martial, United States
See all changes(a) Text of statute.
(a) TAKING.—Any person subject to this chapter who, with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct.
(b) OPENING, SECRETING, DESTROYING, STEALING.—Any person subject to this chapter who wrongfully opens, secretes, destroys, or steals mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct.
(b) Elements.
(1) Taking.
(a) That the accused took certain mail matter;
(b) That such taking was wrongful;
(c) That the mail matter was taken by the accused before it was delivered to or received by the addressee; and
(d) That such taking was with the intent to obstruct the correspondence or pry into the business or secrets of any person or organization.
(2) Opening, secreting, destroying, or stealing.
(a) That the accused opened, secreted, destroyed, or stole certain mail matter;
(b) That such opening, secreting, destroying, or stealing was wrongful; and
(c) That the mail matter was opened, secreted, destroyed, or stolen by the accused before it was delivered to or received by the addressee.
(c) Explanation. These offenses are intended to protect the mail and mail system. “Mail matter” means any matter deposited in a postal system of any government or any authorized depository thereof or in official mail channels of the United States or an agency thereof including the armed forces. The value of the mail matter is not an element. See subparagraph 64.c.(1) concerning “steal.”
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(e) Sample specification s.
(1) Taking. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully take certain mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)), addressed to __________, (out of the (__________ Post Office __________) (orderly room of __________) (unit mail box of __________) (__________) (from __________) before (it) (they) (was) (were) (delivered) (actually received) (to) (by) the (addressee) with intent to (obstruct the correspondence) (pry into the (business) (secrets)) of __________.
(2) Opening, secreting, destroying, or stealing. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____, 20 __, (wrongfully (open) (secret) (destroy)) (steal) certain mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)) addressed to __________, which said (letters(s)) (__________) (was) (were) then (in (the __________ Post Office __________) (orderly room of __________) (unit mail box of __________) (custody of __________) (__________) (had previously been committed to __________, (a representative of __________,) (an official agency for the transmission of communications)) before said (letter(s)) (__________) (was) (were) (delivered) (actually received) (to) (by) the (addressee).
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
DD, TF, 5 years, E-1. (Category 2)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully take certain mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)), addressed to __________, (out of the (__________ Post Office __________) (orderly room of __________) (unit mail box of __________) (__________) (from __________) before (it) (they) (was) (were) (delivered) (actually received) (to) (by) the (addressee) with intent to (obstruct the correspondence) (pry into the (business) (secrets)) of __________.
Elements
(1) That (state the time and place alleged), the accused took certain mail matter, to wit: (state the mail matter alleged) addressed to (state the name of the addressee);
(2) That such taking was wrongful;
(3) That the accused took the mail matter before it was (delivered to) (received by) (state the name of the addressee); and
(4) That the accused took the mail matter with the intent to (obstruct the correspondence) (pry into the business or secrets of any person or organization).
Definitions & other instructions
“Wrongful” means without legal justification or excuse.
“Mail matter” means any matter deposited in a postal system of any government or any authorized depository thereof or in official mail channels of the United States or any agency thereof, including the armed forces. The value of mail matter is not an element of the offense.
NOTE 2. “Mail matter” and the postal system. An item loses its character as “mail matter” when it is no longer in the postal system. If the evidence raises the issue whether the item was in the postal system when it was taken, or had already been delivered to or received by the addressee, the following instructions may be appropriate.
There has been evidence that raises an issue of whether the item(s) in question (was) (were) still in the postal system or had been delivered to, or received by, the addressee at the time the item(s) (was) (were) allegedly taken. An item loses its character as “mail matter” when it ceases to be in the postal system. Mail is in the postal system once it is placed there by the sender and until such time it is in fact received by, or actually delivered to, the addressee or an individual specifically designated by the addressee. Once an item placed into the postal system has been received by or actually delivered to the addressee or an authorized agent, it ceases to be mail matter.
(When an item that is placed into the postal system is returned by the postal system to the sender as undeliverable, the sender becomes the addressee. In such a case, the item remains in the postal system until it has been delivered to or received by the sender.)
(A person whose military duty it is to deliver mail is part of the postal system, so if the accused was in possession of mail matter as part of (his) (her) official duties, the mail remained in the postal system. On the other hand, when an individual specifically designates another to receive mail on his/her behalf, mail ceases to be in the postal system when delivered to the designated individual. If one is designated to receive official mail on a “blanket” authorization, however, mail in that person’s custody remains mail matter until actually delivered to the addressee.)
The burden is on the prosecution to prove beyond a reasonable doubt the item(s) in question (was) (were) in the postal system when (it) (they) (was) (were) allegedly taken.
NOTE 3. Exceptions to wrongfulness. If the evidence presented raises an exception to the element of wrongfulness, such as that the accused's taking of the items was in the performance of his duties, then the burden of proof is upon the prosecution to establish beyond a reasonable doubt that the taking was wrongful. In such cases, a carefully tailored instruction substantially as follows should be given:
Evidence has been introduced raising the issue of whether the accused’s taking of the item(s) in question was wrongful in light of the fact that (the accused was assigned duties as a mail clerk) (__________). In determining this issue, you must consider all relevant facts and circumstances (including, but not limited to (__________)).
The burden is on the prosecution to establish the accused’s guilt beyond reasonable doubt. Unless you are satisfied beyond reasonable doubt that the accused’s taking of the item(s) (was) (were) not (in the performance of (his) (her) duties) (__________), you may not find the accused guilty.
References
(1) When matter is in the “postal system.” US v. Rayfield, 30 CMR 307 (CMA 1961); US v. Manausa, 30 CMR 37 (CMA 1960); US v. McCline, 32 MJ 356 (CMA 1991); US v. Smith, 27 MJ 914 (ACMR 1989); US v. Sullivan, 25 MJ 635 (ACMR 1987); US v. Scioli, 22 CMR 292 (CMA 1957).
(2) Value is not an element. US v. Gaudet, 29 CMR 488 (CMA 1960).
(3) Intent to obstruct correspondence. US v. Rayfield, 30 CMR 307 (CMA 1961); US v. Robinson, 39 MJ 903 (ACMR 1994) pet. denied 41 MJ 122.
Source: Instruction 3a-46-1 · view original on jagcnet.army.mil
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, 5 years, E-1. (Category 2)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (wrongfully (open) (secret) (destroy)) certain mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)) addressed to __________, which said (letter(s)) (__________) (was) (were) then (in (the (__________ Post Office __________) (orderly room of __________) (unit mailbox of __________) (custody of __________) (__________) (had previously been committed to __________, (a representative of __________,) (an official agency for the transmission of communications)) before said (letter(s)) (__________) (was) (were) (delivered) (actually received) (to) (by) the (addressee).
Elements
(1) That (state the time and place alleged), the accused (opened) (secreted) (destroyed) certain mail matter, to wit: (state the mail matter alleged) addressed to (state the name of the addressee) ;
(2) That such (opening) (secreting) (destroying) was wrongful; and
(3) That the accused (opened) (secreted) (destroyed) the mail matter before it was (delivered to) (received by) (state the name of the addressee).
Definitions & other instructions
“Wrongful” means without legal justification or excuse.
“Mail matter” means any matter deposited in a postal system of any government or any authorized depository thereof or in official mail channels of the United States or any agency thereof including the armed forces. The value of mail matter is not an element of the offense.
NOTE 2. “Mail matter” and the postal system. An item loses its character as “mail matter” when it is no longer in the postal system. If the evidence raises the issue whether the item was in the postal system when it was opened, secreted, or destroyed, or had already been delivered to or received by the addressee, the following instructions may be appropriate.
Evidence has raised an issue of whether the item(s) in question (was) (were) still in the postal system or had been delivered to, or received by, the addressee at the time the item(s) (was) (were) allegedly (opened) (secreted) (destroyed). An item loses its character as “mail matter” when it ceases to be in the postal system. Mail is in the postal system once it is placed there by the sender and until such time it is in fact received by, or actually delivered to, the addressee or an individual specifically designated by the addressee. Once an item placed into the postal system has been received by or actually delivered to the addressee or an authorized agent, it ceases to be mail matter.
(When an item that is placed into the postal system is returned by the postal system to the sender as undeliverable, the sender becomes the addressee. In such a case, the item remains in the postal system until it has been delivered to or received by the sender.)
(A person whose military duty it is to deliver mail is part of the postal system, so if the accused was in possession of mail matter as part of (his) (her) official duties, the mail remained in the postal system. On the other hand, when an individual specifically designates another to receive mail on his/her behalf, mail ceases to be in the postal system when delivered to the designated individual. If one is designated to receive official mail on a “blanket authorization,” however, mail in that person’s custody remains mail matter until actually delivered to the addressee.)
The burden is on the prosecution to prove beyond a reasonable doubt the item(s) in question (was) (were) in the postal system when (it) (they) (was) (were) allegedly (opened) (secreted) (destroyed).
NOTE 3. Exceptions to wrongfulness. If the evidence presented raises an exception to the element of wrongfulness, such as that the accused's taking of the items was in the performance of his duties, then the burden of proof is upon the prosecution to establish beyond a reasonable doubt that the taking was wrongful. In such cases, a carefully tailored instruction substantially as follows should be given:
The evidence has raised the issue of whether the accused’s allegedly (opening) (secreting) (destroying) of the item(s) in question was wrongful in light of the fact that (the accused was assigned duties as a mail clerk) (__________). In determining this issue, you must consider all relevant facts and circumstances (including, but not limited to (__________)).
The burden is on the prosecution to establish the accused’s guilt beyond reasonable doubt. Unless you are satisfied beyond reasonable doubt that the accused’s (opening) (secreting) (destroying) of the item(s) (was) (were) not (in the performance of (his) (her) duties) (__________), you may not find the accused guilty.
References
(1) When matter is in the “postal system.” US v. Rayfield, 30 CMR 307 (CMA 1961); US v. Manausa, 30 CMR 37 (CMA 1960); US v. McCline, 32 MJ 356 (CMA 1991); US v. Smith, 27 MJ 914 (ACMR 1989); US v. Sullivan, 25 MJ 635 (ACMR 1987); US v. Scioli, 22 CMR 292 (CMA 1957).
(2) Value is not an element. US v. Gaudet, 29 CMR 488 (CMA 1960).
Source: Instruction 3a-46-2 · view original on jagcnet.army.mil
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, 5 years, E-1. (Category 2)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, steal certain mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)) addressed to __________, which said (letter(s)) (__________) (was) (were) then (in (the __________ Post Office __________) (orderly room of __________) (unit mail box of __________) (custody of __________) (__________)) (had previously been committed to __________, (a representative of __________,) (an official agency for the transmission of communications)) before said (letter(s)) (__________) (was) (were) (delivered) (actually received) (to) (by) the (addressee).
Elements
(1) That (state the time and place alleged), the accused stole certain mail matter, to wit: (state the mail matter alleged), addressed to (state the name of the addressee);
(2) That such stealing was wrongful; and
(3) That the accused stole the mail matter before it was (delivered to) (received by) (state the name of the addressee).
Definitions & other instructions
“Mail matter” means any matter deposited in a postal system of any government or any authorized depository thereof or in official mail channels of the United States or any agency thereof including the armed forces. The value of mail matter is not an element of the offense.
“Stealing” is the wrongful taking of mail matter, the property of another, with the intent to permanently deprive the owner of the use and benefit of the property or the intent to permanently appropriate the property to the accused’s own use or the use of anyone other than the lawful owner. A taking is wrongful only when done without the consent of the owner and with a criminal state of mind.
“Wrongful” means without legal justification or excuse.
NOTE 2. “Mail matter” and the postal system. An item loses its character as “mail matter” when it is no longer in the postal system. If the evidence raises the issue whether the item was in the postal system when it was stolen, or had already been delivered to or received by the addressee, the following instructions may be appropriate.
Evidence has raised an issue of whether the item(s) in question (was) (were) still in the postal system or had been delivered to, or received by, the addressee at the time the item(s) (was) (were) allegedly stolen. An item loses its character as ’mail matter’ when it ceases to be in the postal system. Mail is in the postal system once it is placed there by the sender and until such time it is in fact received by, or actually delivered to, the addressee or an individual specifically designated by the addressee. Once an item placed into the postal system has been received by or actually delivered to the addressee or an authorized agent, it ceases to be mail matter.
(When an item that is placed into the postal system is returned by the postal system to the sender as undeliverable, the sender becomes the addressee. In such a case, the item remains in the postal system until it has been delivered to or received by the sender.)
(A person whose military duty it is to deliver mail is part of the postal system, so if the accused was in possession of mail matter as part of (his) (her) official duties, the mail remained in the postal system. On the other hand, when an individual specifically designates another to receive mail on his/her behalf, mail ceases to be in the postal system when delivered to the designated individual. If one is designated to receive official mail on a “blanket authorization,” however, mail in that person’s custody remains mail matter until actually delivered to the addressee.)
The burden is on the prosecution to prove beyond a reasonable doubt the item(s) in question (was) (were) in the postal system when (it) (they) (was) (were) allegedly stolen.
NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
References
When matter is in the “postal system.” US v. Rayfield, 30 CMR 307 (CMA 1961); US v. Manausa, 30 CMR 37 (CMA 1960); US v. McCline, 32 MJ 356 (CMA 1991); US v. Smith, 27 MJ 914 (ACMR 1989); US v. Sullivan, 25 MJ 635 (ACMR 1987); US v. Scioli, 22 CMR 292 (CMA 1957).
Source: Instruction 3a-46-3 · view original on jagcnet.army.mil