Summary of changes
Article 122a — Receiving stolen 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
14 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
68.a.
unchanged
Original text
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.
Current text
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.
68.b.
unchanged
Original text
Elements.
Current text
Elements.
68.b.(1)
unchanged
Original text
That the accused wrongfully received, bought, or concealed certain property of some value;
Current text
That the accused wrongfully received, bought, or concealed certain property of some value;
68.b.(2)
unchanged
Original text
That the property belonged to another person;
Current text
That the property belonged to another person;
68.b.(3)
unchanged
Original text
That the property had been stolen; and
Current text
That the property had been stolen; and
68.b.(4)
unchanged
Original text
That the accused knew that the property had been stolen.
Current text
That the accused knew that the property had been stolen.
68.c.
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Original text
Explanation.
Current text
Explanation.
68.c.(1)
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Original text
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.
Current text
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.
68.c.(2)
unchanged
Original text
Knowledge.
Actual knowledge that the property was stolen is required. Knowledge may be proved by circumstantial evidence.
Current text
Knowledge.
Actual knowledge that the property was stolen is required. Knowledge may be proved by circumstantial evidence.
68.c.(3)
unchanged
Original text
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.
Current text
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.
68.d.
unchanged
Original text
Maximum punishment.
Current text
Maximum punishment.
68.d.(1)
unchanged
Original text
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.
Current text
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.
68.d.(2)
unchanged
Original text
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.
Current text
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.
68.e.
unchanged
Original text
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.
Current text
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.
“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.