Summary of changes
Article 108a — Captured or abandoned property
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
47 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
44.a.
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Original text
Text of statute.
Current text
Text of statute.
44.a.(a)
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Original text
All persons subject to this chapter shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
Current text
All persons subject to this chapter shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
44.a.(b)
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Original text
Any person subject to this chapter who—
Current text
Any person subject to this chapter who—
44.a.(b)(1)
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Original text
fails to carry out the duties prescribed in subsection (a);
Current text
fails to carry out the duties prescribed in subsection (a);
44.a.(b)(2)
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Original text
buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or
Current text
buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or
44.a.(b)(3)
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Original text
engages in looting or pillaging; shall be punished as a court-martial may direct.
Current text
engages in looting or pillaging; shall be punished as a court-martial may direct.
44.b.
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Original text
Elements.
Current text
Elements.
44.b.(1)
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Original text
Failing to secure public property taken from the enemy.
Current text
Failing to secure public property taken from the enemy.
44.b.(1)(a)
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Original text
That certain public property was taken from the enemy;
Current text
That certain public property was taken from the enemy;
44.b.(1)(b)
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Original text
That this property was of a certain value; and
Current text
That this property was of a certain value; and
44.b.(1)(c)
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Original text
That the accused failed to do what was reasonable under the circumstances to secure this property for the service of the United States.
Current text
That the accused failed to do what was reasonable under the circumstances to secure this property for the service of the United States.
44.b.(2)
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Original text
Failing to report and turn over captured or abandoned property.
Current text
Failing to report and turn over captured or abandoned property.
44.b.(2)(a)
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Original text
That certain captured or abandoned public or private property came into the possession, custody, or control of the accused;
Current text
That certain captured or abandoned public or private property came into the possession, custody, or control of the accused;
44.b.(2)(b)
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Original text
That this property was of a certain value; and
Current text
That this property was of a certain value; and
44.b.(2)(c)
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Original text
That the accused failed to give notice of its receipt and failed to turn over to proper authority, without delay, the captured or abandoned public or private property.
Current text
That the accused failed to give notice of its receipt and failed to turn over to proper authority, without delay, the captured or abandoned public or private property.
44.b.(3)
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Original text
Dealing in captured or abandoned property.
Current text
Dealing in captured or abandoned property.
44.b.(3)(a)
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Original text
That the accused bought, sold, traded, or otherwise dealt in or disposed of certain public or private captured or abandoned property;
Current text
That the accused bought, sold, traded, or otherwise dealt in or disposed of certain public or private captured or abandoned property;
44.b.(3)(b)
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Original text
That this property was of certain value; and
Current text
That this property was of certain value; and
44.b.(3)(c)
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Original text
That by so doing the accused received or expected some profit, benefit, or advantage to the accused or to a certain person or persons connected directly or indirectly with the accused.
Current text
That by so doing the accused received or expected some profit, benefit, or advantage to the accused or to a certain person or persons connected directly or indirectly with the accused.
44.b.(4)
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Original text
Looting or pillaging.
Current text
Looting or pillaging.
44.b.(4)(a)
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Original text
That the accused engaged in looting, pillaging, or looting and pillaging by unlawfully seizing or appropriating certain public or private property;
Current text
That the accused engaged in looting, pillaging, or looting and pillaging by unlawfully seizing or appropriating certain public or private property;
44.b.(4)(b)
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Original text
That this property was located in enemy or occupied territory, or that it was on board a seized or captured vessel; and
Current text
That this property was located in enemy or occupied territory, or that it was on board a seized or captured vessel; and
44.b.(4)(c)
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Original text
That this property was:
Current text
That this property was:
44.b.(4)(c)(i)
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Original text
left behind, owned by, or in the custody of the enemy, an occupied state, an inhabitant of an occupied state, or a person under the protection of the enemy or occupied state, or who, immediately prior to the occupation of the place where the act occurred, was under the protection of the enemy or occupied state; or
Current text
left behind, owned by, or in the custody of the enemy, an occupied state, an inhabitant of an occupied state, or a person under the protection of the enemy or occupied state, or who, immediately prior to the occupation of the place where the act occurred, was under the protection of the enemy or occupied state; or
44.b.(4)(c)(ii)
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Original text
part of the equipment of a seized or captured vessel; or
Current text
part of the equipment of a seized or captured vessel; or
44.b.(4)(c)(iii)
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Original text
owned by, or in the custody of the officers, crew, or passengers on board a seized or captured vessel.
Current text
owned by, or in the custody of the officers, crew, or passengers on board a seized or captured vessel.
44.c.
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Original text
Explanation.
Current text
Explanation.
44.c.(1)
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Original text
Failing to secure public property taken from the enemy.
Current text
Failing to secure public property taken from the enemy.
44.c.(1)(a)
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Original text
Nature of property.
Unlike the remaining offenses under this article, failing to secure public property taken from the enemy involves only public property. Immediately upon its capture from the enemy public property becomes the property of the United States. Neither the person who takes it nor any other person has any private right in this property.
Current text
Nature of property.
Unlike the remaining offenses under this article, failing to secure public property taken from the enemy involves only public property. Immediately upon its capture from the enemy public property becomes the property of the United States. Neither the person who takes it nor any other person has any private right in this property.
44.c.(1)(b)
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Original text
Nature of duty.
Every person subject to military law has an immediate duty to take such steps as are reasonably within that person’s power to secure public property for the service of the United States and to protect it from destruction or loss.
Current text
Nature of duty.
Every person subject to military law has an immediate duty to take such steps as are reasonably within that person’s power to secure public property for the service of the United States and to protect it from destruction or loss.
44.c.(2)
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Original text
Failing to report and turn over captured or abandoned property.
Current text
Failing to report and turn over captured or abandoned property.
44.c.(2)(a)
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Original text
Reports.
Reports of receipt of captured or abandoned property are to be made directly or through such channels as are required by current regulations, orders, or the customs of the Service.
Current text
Reports.
Reports of receipt of captured or abandoned property are to be made directly or through such channels as are required by current regulations, orders, or the customs of the Service.
44.c.(2)(b)
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Original text
Proper authority.
“Proper authority” is any authority competent to order disposition of the property in question.
Current text
Proper authority.
“Proper authority” is any authority competent to order disposition of the property in question.
44.c.(3)
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Original text
Dealing in captured or abandoned property.
“Disposed of” includes destruction or abandonment.
Current text
Dealing in captured or abandoned property.
“Disposed of” includes destruction or abandonment.
44.c.(4)
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Original text
Looting or pillaging.
“Looting or pillaging” means unlawfully seizing or appropriating property which is located in enemy or occupied territory.
Current text
Looting or pillaging.
“Looting or pillaging” means unlawfully seizing or appropriating property which is located in enemy or occupied territory.
44.c.(5)
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Original text
Enemy.
For a discussion of “enemy,” see subparagraph 27.c.(1)(b).
Current text
Enemy.
For a discussion of “enemy,” see subparagraph 27.c.(1)(b).
44.c.(6)
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Original text
Firearms or explosive.
For purposes of determining the maximum punishment for this offense ( see subparagraph d.(1)(b)), the term “explosive” includes ammunition. See generally R.C.M. 103(11), (12).
Current text
Firearms or explosive.
For purposes of determining the maximum punishment for this offense ( see subparagraph d.(1)(b)), the term “explosive” includes ammunition. See generally R.C.M. 103(11), (12).
44.d.
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Original text
Maximum punishment.
Current text
Maximum punishment.
44.d.(1)
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Original text
Failing to secure public property taken from the enemy; failing to secure, give notice and turn over, selling, or otherwise wrongfully dealing in or disposing of captured or abandoned property :
Current text
Failing to secure public property taken from the enemy; failing to secure, give notice and turn over, selling, or otherwise wrongfully dealing in or disposing of captured or abandoned property :
44.d.(1)(a)
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Original text
Of a value of $1,000 or less.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Current text
Of a value of $1,000 or less.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
44.d.(1)(b)
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Original text
Of a value of more than $1,000 or any firearm or explosive.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
Of a value of more than $1,000 or any firearm or explosive.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
44.d.(2)
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Original text
Looting or pillaging.
Any punishment, other than death, that a court-martial may direct.
Current text
Looting or pillaging.
Any punishment, other than death, that a court-martial may direct.
44.e.
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Original text
Sample specification s.
Current text
Sample specification s.
44.e.(1)
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Original text
Failing to secure public property taken from the enemy.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, fail to secure for the service of the United States certain public property taken from the enemy, to wit: __, of a value of (about) $_____.
Current text
Failing to secure public property taken from the enemy.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, fail to secure for the service of the United States certain public property taken from the enemy, to wit: __, of a value of (about) $_____.
44.e.(2)
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Original text
Failing to report and turn over captured or abandoned property.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, fail to give notice and turn over to proper authority without delay certain (captured) (abandoned) property which had come into (his) (her) (possession) (custody) (control), to wit: __________, of a value of (about) $__________.
Current text
Failing to report and turn over captured or abandoned property.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, fail to give notice and turn over to proper authority without delay certain (captured) (abandoned) property which had come into (his) (her) (possession) (custody) (control), to wit: __________, of a value of (about) $__________.
44.e.(3)
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Original text
Dealing in captured or abandoned property.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, (buy) (sell) (trade) (deal in) (dispose of) (__) certain (captured) (abandoned) property, to wit: _____, (a firearm) (an explosive), of a value of (about) $__________, thereby (receiving) (expecting) a (profit) (benefit) (advantage) to (himself/herself) (_____, (his) (her) accomplice) (_____, (his) (her) brother) (__________).
Current text
Dealing in captured or abandoned property.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, (buy) (sell) (trade) (deal in) (dispose of) (__) certain (captured) (abandoned) property, to wit: _____, (a firearm) (an explosive), of a value of (about) $__________, thereby (receiving) (expecting) a (profit) (benefit) (advantage) to (himself/herself) (_____, (his) (her) accomplice) (_____, (his) (her) brother) (__________).
44.e.(4)
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Original text
Looting or pillaging.
In that (personal jurisdiction data), did, (at/onboard—location) (subject-matter jurisdiction, if required), on or about (date), engage in (looting) (and) (pillaging) by unlawfully (seizing) (appropriating) __________, (property which had been left behind) (the property of __________), [(an inhabitant of __________) (__________)].
Current text
Looting or pillaging.
In that (personal jurisdiction data), did, (at/onboard—location) (subject-matter jurisdiction, if required), on or about (date), engage in (looting) (and) (pillaging) by unlawfully (seizing) (appropriating) __________, (property which had been left behind) (the property of __________), [(an inhabitant of __________) (__________)].
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.