Subchapter X · Punitive Articles
Article 121. Larceny and wrongful
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (9)
This is a punitive article. Its elements, explanation, maximum punishment,
and sample specifications are in the Manual's Part IV.
Read Article 121 in the Punitive Articles →
Cross-referencesCited by 9Elsewhere 3
Cited by
Provisions elsewhere in the Manual whose text cites Article 121. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 307(c)(2) — Preferral of charges
…charges before arraignment. See R.C.M. 601(e)(2). (C) Preemption . An offense specifically defined by Articles 81 through 132 may not be alleged as a violation of Article 134 . See paragraph 91.c.(5)(a) of Part IV. But see R.C.M.…
Military Rules of Evidence
Mil. R. Evid. 404(a)(2)(A)(ii) — Character evidence, crimes or other acts
Articles 120-122;
UCMJ Punitive Articles
Article 121b, ¶ 66.c. — False pretenses to obtain services
…example, telephone service) rather than money, personal property, or articles of value of any kind as under Article 121. See paragraph 64.c. See paragraph 70.c.(14) for a definition of intent to defraud.
Practice Note under Article 129, ¶ 79.b.(1)(b) — Burglary; unlawful entry
…to commit an offense punishable under sections 918-920, 920b-921, 922, 925-928a, and 930 of this title (Article 118-120, 120b-121, 122, 125-128a, and 130), add the following element:]
Article 129, ¶ 79.b.(1)(c) — Burglary; unlawful entry
That the breaking and entering were with the intent to commit an offense punishable under Article 118-120, 120b-121, 122, 125-128a, and 130.
Article 129, ¶ 79.d.(1) — Burglary; unlawful entry
Burglary (with the intent to commit an offense punishable under Article 118-120, 120b-121, 122, 125- 128a, or 130). Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
Article 133, ¶ 90.c.(4) — Conduct unbecoming an officer
…unbecoming an officer. Thus, a commissioned officer who steals property violates both this article and Article 121. Whenever the offense charged is the same as a specific offense set forth in this Manual, the elements of…
Article 134, ¶ 91.c.(5)(a) — General article
Preemption doctrine. The preemption doctrine prohibits application of Article 134 to conduct covered by Articles 80 through 132. For example, larceny is covered in Article 121, and if an element of that offense is lacking—for example,…
Uniform Code of Military Justice
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).