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

(a) Of a value of $500.00 or less. Confinement
for 3 months, and forfeiture of two-thirds pay per
month for 3 months.
(b) Of a value of more than $500.00. Bad-conduct
discharge, forfeiture of all pay and allowances,
and confinement for 6 months.
(c) Of any motor vehicle, aircraft, vessel, firearm,
or explosive. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for 2
years.
f. Sample specifications.
(1) Larceny.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
a b o u t 2 0 , s t e a l ,
( m i l i t a r y p r o p e r t y ) , o f a v a l u e o f ( a b o u t )
$ , the property of .
(2) Wrongful appropriation.
In that (personal jurisdiction data),
did, (at/on board—location) (subject matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
a b o u t 2 0 , w r o n g f u l l y a p p r o p r i -
a t e , o f a v a l u e o f ( a b o u t )
$ , the property of .
47. Article 122—Robbery
a. Text of statute.
Any person subject to this chapter who with
intent to steal takes anything of value from the
person or in the presence of another, against his
will, by means of force or violence or fear of
immediate or future injury to his person or property
or to the person or property of a relative or
member of his family or of anyone in his company
at the time of the robbery, is guilty of robbery
and shall be punished as a court-martial
may direct.
b. Elements.
( 1 ) T h a t t h e a c c u s e d w r o n g f u l l y t o o k c e r t a i n
property from the person or from the possession and
in the presence of a person named or described;
(2) That the taking was against the will of that
person;
(3) That the taking was by means of force, violence,
or force and violence, or putting the person in
fear of immediate or future injury to that person, a
relative, a member of the person’s family, anyone
47.c.(2)
accompanying the person at the time of the robbery,
the person’s property, or the property of a relative,
family member, or anyone accompanying the person
at the time of the robbery;
(4) That the property belonged to a person named
or described;
(5) That the property was of a certain or of some
value; and
(6) That the taking of the property by the accused
was with the intent permanently to deprive the person
robbed of the use and benefit of the property.
[Note: If the robbery was committed with a firearm,
add the following element]
(7) That the means of force or violence or of
putting the person in fear was a firearm.
c. Explanation.
(1) Taking in the presence of the victim. It is not
necessary that the property taken be located within
any certain distance of the victim. If persons enter a
house and force the owner by threats to disclose the
hiding place of valuables in an adjoining room, and,
leaving the owner tied, go into that room and steal
the valuables, they have committed robbery.
(2) Force or violence. For a robbery to be committed
by force or violence, there must be actual
force or violence to the person, preceding or accompanying
the taking against the person’s will, and it is
immaterial that there is no fear engendered in the
victim. Any amount of force is enough to constitute
robbery if the force overcomes the actual resistance
of the person robbed, puts the person in such a
position that no resistance is made, or suffices to
overcome the resistance offered by a chain or other
fastening by which the article is attached to the
person. The offense is not robbery if an article is
merely snatched from the hand of another or a pocket
is picked by stealth, no other force is used, and
the owner is not put in fear. But if resistance is
overcome in snatching the article, there is sufficient
violence, as when an earring is torn from a person’s
ear. There is sufficient violence when a person’s
attention is diverted by being jostled by a confederate
of a pickpocket, who is thus enabled to steal the
p e r s o n ’ s w a t c h , e v e n t h o u g h t h e p e r s o n h a d n o
knowledge of the act; or when a person is knocked
insensible and that person’s pockets rifled; or when
a guard steals property from the person of a prisoner
in the guard’s charge after handcuffing the prisoner
on the pretext of preventing escape.
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