Part IV · Punitive Articles
Article 131e. Prevention of authorized seizure of property · MCM ¶ 86
2024 Manual for Courts-Martial, United States
See all changes(a) Text of statute. Any person subject to this chapter who, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise disposes of the property with intent to prevent the seizure thereof shall be punished as a court-martial may direct.
(b) Elements.
(1) That one or more persons authorized to make searches and seizures were seizing, about to seize, or endeavoring to seize certain property;
(2) That the accused destroyed, removed, or otherwise disposed of that property with intent to prevent the seizure thereof; and
(3) That the accused then knew that person(s) authorized to make searches were seizing, about to seize, or endeavoring to seize the property.
(c) Explanation See Mil. R. Evid. 316 concerning . military personnel who may make seizures. It is not a defense that a search or seizure was technically defective.
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with intent to prevent its seizure, (destroy) (remove) (dispose of) __________, property which, as __________ then knew, (a) person(s) authorized to make searches and seizures were (seizing) (about to seize) (endeavoring to seize).
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3a-86-1 · PREVENTION OF AUTHORIZED SEIZURE OF 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
DD, TF, 5 year, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, with intent to prevent its seizure, (destroy) (remove) (dispose of) __________, property which, as __________ then knew, (a) person(s) authorized to make searches and seizures were (seizing) (about to seize) (endeavoring to seize).
Elements
(1) That (state the name(s) of the person(s) alleged), (a person) (persons) authorized to make searches and seizures (was) (were) seizing, about to seize, or endeavoring to seize certain property, to wit: (state the property alleged);
(2) That (state the time and place alleged), the accused (destroyed) (removed) (disposed of) (state the property alleged) with the intent to prevent its seizure; and
(3) That the accused then knew that (state the name(s) of the person(s) alleged) (was) (were) seizing, about to seize, or endeavoring to seize (state the property alleged).
Definitions & other instructions
(“Dispose of,” as used in this specification, means an unauthorized transfer, relinquishment, getting rid of, or abandonment of the property.)
(Property may be considered “destroyed” if it has been sufficiently injured to be useless for the purpose for which it was intended, even if it has not been completely destroyed.)
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent and Knowledge), is ordinarily applicable.
Source: Instruction 3a-86-1 · view original on jagcnet.army.mil