The MCM states under Article 121 (Larceny and Wrongful Appropriation), any service member may be prosecuted if they wrongfully take, obtain, or withhold, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind. The accused must have done so with the intent to permanently deprive or defraud another person of the use and benefit of property or to appropriate it to his use or the use of any person other than the owner, steals that property, and is guilty of theft. Suppose the accused acted to temporarily deprive or defraud another person of the use and benefit of property or to appropriate it to his use or the use of any person other than the owner. In that case, he is guilty of wrongful appropriation.
To be prosecuted for theft, it must be demonstrated:
the accused wrongfully took, obtained, or withheld specific property from the possession of the owner or of any other person;
the property belonged to a specific person;
the property was of a specific value or some value; and
the taking, obtaining, or withholding by the accused was with the intent permanently to deprive or defraud another person of the use and benefit of the property or permanently to appropriate the property for the use of the accused or for any person other than the owner.
If applicable, that the property was military property.
To be convicted of wrongful appropriation, the prosecution must demonstrate:
the accused wrongfully took, obtained, or withheld specific property from the possession of the owner or of any other person;
the property belonged to a specific person;
See AlsoDefenses to Forgery Crimethe property was of a specific value or some value; and
the taking, obtaining, or withholding by the accused was with the intent temporarily to deprive or defraud another person of the use and benefit of the property or temporarily to appropriate the property for the use of the accused or for any person other than the owner.
Understanding Article 121 (Larceny and Wrongful Appropriation ) of the UCMJ
Larceny generally refers to wrongful taking with the intent to deprive permanently. The larceny charge includes the common law offense of theft, obtaining by pretense, and embezzlement. For theft to be proven, the elements of taking, receiving, or withholding the property by the thief must be present. As a general rule, however, any movement of the property or any exercise of dominion over it is sufficient if accompanied by the requisite intent.
A withholding may arise as a result of a failure to return, account for, or deliver the property to its owner when a return, accounting, or delivery is due, even if the owner has made no demand for the property, or it may arise as a result of devoting property to use not authorized by its owner. Generally, whether the person withholding the property acquired it lawfully or unlawfully. However, acts that constitute the offense of unlawfully receiving, buying, or concealing stolen property or of being an accessory after the fact are not included within the meaning of withholds. Therefore, neither a receiver of stolen property nor an accessory after the fact can be convicted of robbery on that basis alone. The taking, obtaining, or withholding must be of specific property.
The taking, obtaining, or withholding of the property must be wrongful. As a general rule, taking or withholding property from the possession of another is wrongful if done without the consent of the other, and obtaining property from the possession of another is banned if the obtaining is by pretense. However, such an act is not wrongful if it is authorized by law or lawful superior concerning or, generally, if done by a person who has a right to the possession of the property either equal to or greater than the right of one from whose possession the property is taken, obtained, or withheld.
Concerning obtaining property by pretense, the pretense may be made using any act, word, symbol, or token. The pretense must be, in fact, false when made and when the property is obtained, and it must be knowingly false in the sense that it is made without a belief in its truth. A pretense is an inaccurate representation of past or existing facts. A robbery is committed when a person obtains the property of another by pretense and with intent to steal, even though the owner neither intended nor was requested to part with title to the property. Thus, a person who gets another’s watch by pretending that it will be borrowed briefly and then returned but who intends to sell it is guilty of theft.
The offense of theft requires that the taking, obtaining, or withholding by the thief be accompanied by an intent permanently to deprive or defraud another of the use and benefit of property or continuously to appropriate the property to the thief’s use or the use of any person other than the owner. These intents are collectively called an intent to steal. Although a person gets property by a taking or obtaining which was not wrongful or without a concurrent intent to steal, a robbery is nevertheless committed if an intent to steal is formed after the taking or obtaining and the property is wrongfully withheld with that intent. An intent to steal may be proved by circ*mstantial evidence.
Motive does not negate intent. Intent to pay for or replace the property is not a defense; neither is the return of the property.
Wrongful appropriation requires an intent to temporarily, as opposed to permanently, deprive the owner of the use and benefit of, or appropriate to the use of another, the property wrongfully taken, withheld, or obtained. In all other respects, wrongful appropriation and stealing are identical.
Maximum Possible Punishment for Violations of Article 121
Service members convicted of violations of Article 121 face various punishments contingent on the value of the property and whether the military owned the property.
Larceny involving property of $1,000 or less yields a bad-conduct discharge, forfeiture of all pay and allowances, and one-year confinement.
Larceny involving military property of more than $1,000 or any military motor vehicle, aircraft, vessel, firearm, or explosive results in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for ten years.
Larceny involving property other than military property of more than $1,000 or any motor vehicle, aircraft, vessel, firearm, or explosive not included previously results in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.
Wrongful appropriation of property worth $1,000 or less results in confinement for three months and forfeiture of two-thirds of pay per month for three months.
Wrongful appropriation of property worth more than $1,000 results in a bad-conduct discharge, forfeiture of all pay and allowances, and one-year confinement.
Wrongful appropriation of any motor vehicle, aircraft, vessel, firearm, explosive, or military property of more than $1,000 results in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.
How do you defend against Article 121 Larceny and Wrongful Appropriation charges?
When facing the combined resources of the military and the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 121 charges for Larceny and Wrongful Appropriation, you need to speak with a Military defense attorney immediately. We understand what is at risk and know how to protect your career, freedom, and future.
