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.

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.

That the accused took certain mail matter;

That such taking was wrongful;

That the mail matter was taken by the accused before it was delivered to or received by the addressee; and

That such taking was with the intent to obstruct the correspondence or pry into the business or secrets of any person or organization.

That the accused opened, secreted, destroyed, or stole certain mail matter;

That such opening, secreting, destroying, or stealing was wrongful; and

That the mail matter was opened, secreted, destroyed, or stolen by the accused before it was delivered to or received by the addressee.

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.”

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sample specification s.

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 __________.

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).