Page 513 - Trump Executive Orders 2017-2021

10216 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _,fail to give notice and tum over
to proper authority without delay certain (captured) (abandoned) property which had come into
(his) (her) (possession) (custody) (control), to wit: , of a value of (about)

(3) Dealing in captured or abandoned property.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _, (buy) (sell) (trade) (deal in)
(dispose of)(_) certain (captured) (abandoned) property, to wit: (a firearm) (an explosive),
of a value of (about) thereby (receiving) (expecting) a (profit) (benefit) (advantage)
to (himself/herself) (his) (her) accomplice)( __ , (his) (her) brother) ( ).
(4) Looting or pillaging.
Tn that (personal jurisdiction data), did, (at/onboard-location) (subject-matter
jurisdiction, if required), on or about (date), engage in (looting) (and) (pillaging) by unlawfully
(seizing) (appropriating) (propet1y which had been left behind) (the property of
,
[(an inhabitant of _____ , _____ IJ
45. Article 109 (tO U.S.C. 909)-Property other than military property of United States-
waste, spoilage, or destruction
a. Text of statute.
Any person subject to this chapter who willfully or recklessly wastes, spoils, or
otherwise willfully and wrongfully destroys o•· damages any property other than military
property of the United States shall be punished as a court-martial may direct.
b. Elements.
( 1) Wasting or spoiling qf non-militwy property.
(a) That the accused willfully or recklessly wasted or spoiled certain real property in a certain
manner;
(b) That the property was that of another person; and
(c) That the property was of a certain value.
(2) Damaging non-military property.
(a) That the accused willfully and wrongfully damaged certain personal property in a certain
manner;
(b) that the property was that of another person; and
(c) that the damage inflicted on the property was of a certain amount
(3) Destroying non-militwy property.
(a) That the accused willfully and wrongfully destroyed certain personal property in a
certain manner;
(b) That the property was that of another person; and
(c) That the property was of a certain value.
c. kxplanation.
(1) Wasting or !>poiling non-militWJ! property. This portion of Article 109 proscribes willful
or reckless waste or spoliation of the real property of another. The tenns "wastes" and "spoils" as
used in this article refer to such wrongful acts of voluntary destruction of or pennanent damage to
real property as burning down buildings, burning piers, tearing down fences, or cutting down trees.
This destruction is punishable whether done willfully, that is intentionally, recklessly, or is through
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a culpable disregard of the foreseeable consequences of some voluntary act.

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