Article 122a — Receiving stolen property

Part IV · Punitive Articles

Article 122a. Receiving stolen property · MCM ¶ 68

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter who wrongfully receives, buys, or conceals stolen property, knowing the property to be stolen property, shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused wrongfully received, bought, or concealed certain property of some value;

(2) That the property belonged to another person;

(3) That the property had been stolen; and

(4) That the accused knew that the property had been stolen.

(1) In general. The actual thief is not criminally liable for receiving the property stolen; however a principal to the larceny (see paragraph 1), when not the actual thief, may be found guilty of knowingly receiving the stolen property but may not be found guilty of both the larceny and receiving the property.

(2) Knowledge. Actual knowledge that the property was stolen is required. Knowledge may be proved by circumstantial evidence.

(3) Wrongfulness. Receiving stolen property is wrongful if it is without justification or excuse. For example, it would not be wrongful for a person to receive stolen property for the purpose of returning it to its rightful owner, or for a law enforcement officer to seize it as evidence.

(d) Maximum punishment.

(1) Receiving, buying, or concealing stolen property of a value of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(2) Receiving, buying, or concealing stolen property of a value of more than $1,000. 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 __, wrongfully (receive) (buy) (conceal) __________, of a value of (about) $__________, the property of __________ which property, as (he) (she), the said _____________, then knew, had been stolen.

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.

3a-68-1RECEIVING STOLEN PROPERTY

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) $1,000 or less: BCD, TF, 1 year, E-1. (Category 1)

(2) Over $1,000: DD, TF, 3 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully (receive) (buy) (conceal) __________, of a value of (about) $__________, the property of __________, which property, as (he) (she), the said __________, then knew, had been stolen.

Elements

(1) That (state the time and place alleged), the accused wrongfully (received) (bought) (concealed) (state the property alleged), of a value of $ ______ (or some value);

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

(3) That the property had been stolen by some person other than the accused; and

(4) That, at the time the accused (received) (bought) (concealed) the property, (he) (she) knew it was stolen.

Definitions & other instructions

“Wrongful” means without legal justification or excuse.

NOTE 2. Elements of larceny. The military judge should list here the elements of larceny, including pertinent definitions and supplemental instructions. See Instruction 3a-45-1.

NOTE 3. As a lesser included offense. Receiving stolen property, knowing the same to have been stolen, is not a lesser included offense of larceny.

NOTE 4. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable. Instruction 5-13, Ignorance or Mistake of Fact or Law, as bearing on a possible mistaken belief with respect to stolen property, may be applicable.

Source: Instruction 3a-68-1 · view original on jagcnet.army.mil