2008 edition - Fort Sam Houston - U.S. Army

27.b.(3)(a)
otherwise dealt in or disposed of certain public or
private captured or abandoned property;
(b) That this property was of certain value; and
(c) 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.
(4) Looting or pillaging.
(a) That the accused engaged in looting, pillaging,
or looting and pillaging by unlawfully seizing or
appropriating certain public or private property;
(b) That this property was located in enemy or
occupied territory, or that it was on board a seized
or captured vessel; and
(c) That this property was:
(i) 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
(ii) part of the equipment of a seized or captured
vessel; or
(iii) owned by, or in the custody of the officers,
crew, or passengers on board a seized or captured
vessel.
c. Explanation.
(1) Failing to secure public property taken from
the enemy.
(a) 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
a n y o t h e r p e r s o n h a s a n y p r i v a t e r i g h t i n t h i s
property.
( b ) N a t u r e o f d u t y . E v e r y p e r s o n s u b j e c t t o
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.
(2) Failing to report and turn over captured or
abandoned property.
(a) Reports. Reports of receipt of captured or
a b a n d o n e d p r o p e r t y a r e t o b e m a d e d i r e c t l y o r
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through such channels as are required by current
regulations, orders, or the customs of the service.
(b) Proper authority. “Proper authority” is any
authority competent to order disposition of the property
in question.
(3) Dealing in captured or abandoned property.
“Disposed of” includes destruction or abandonment.
(4) Looting or pillaging. “Looting or pillaging”
means unlawfully seizing or appropriating property
which is located in enemy or occupied territory.
(5) Enemy. For a discussion of “enemy,” see paragraph
23c(1)(b).
d. Lesser included offense. Article 80—attempts
e. Maximum punishment.
(1) 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:
(a) of a value of $500.00 or less. Bad-conduct
discharge, forfeiture of all pay and allowances, and
confinement for 6 months.
(b) of a value of more than $500.00 or any
firearm or explosive. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for
5 years.
(2) Looting or pillaging. Any punishment, other
t h a n d e a t h , t h a t a c o u r t - m a r t i a l m a y d i r e c t . S e e
R.C.M. 1003.
f. Sample specifications.
(1) Failing to secure public property taken from
the enemy.
In that (personal jurisdiction data),
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r
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) $ .
(2) Failing to report and turn over captured or
abandoned property.
In that (personal jurisdiction data),
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r
about 20 , fail to give notice and
turn over to proper authority without delay certain
( c a p t u r e d ) ( a b a n d o n e d ) p r o p e r t y w h i c h h a d c o m e
i n t o h i s / h e r ( p o s s e s s i o n ) ( c u s t o d y ) ( c o n t r o l ) , t o
w i t : , o f a v a l u e o f ( a b o u t ) ,
$ .
(3) Dealing in captured or abandoned property.