Page 514 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10217

(2) Destroying or damaging non-militmy property. This portion of Article 109 proscribes the
willful and wrongful destruction or damage of the personal property of another. To be destroyed,
the property need not be completely demolished or annihilated, but must be sufficiently injured to
be useless for its intended purpose. Damage consists of any physical injury to the property. To
constitute an offense under this section, the destmction or damage of the property must have been
willful and wrongful. As used in this section "willfully" means intentionally and "wrongfully"
means contrary to law, regulation, lawful order, or custom. Willfulness may be proved by
circumstantial evidence, such as the manner in which the acts were done.
(3) "Value and damage. In the case of destmction, the value of the property destroyed controls
the maximum punishment which may be adjudged. In the case of damage, the amount of the
damage controls. As a general mle, the amount of damage is the estimated or actual cost of repair
by artisans employed in this work who are available to the community wherein the owner resides,
or the replacement cost, whichever is less. See also subparagraph 64.c.(l )(g).
d.lvfaximum punishment.
(1) Wasting or .vmiling, non-military property-real property.
(a) O.f property valued at $1,000 or less. Bad-conduct discharge, forfeiture of all pay and
allowances, and confinement for 1 year.
(b) Ofproperty valued at more than $1,000. Dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 5 years.
(2) Damaging any property other than militmy property l?f the United States.
(a) Inflicting damage of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and
allowances, and confinement for 1 year.
(b) lnjlicting damage cifmore than $1,000. Dishonorable discharge, fmfeiture of all pay and
allowances, and confinement for 5 years.
(3) Destroying any property other than militmy property cif the United States.
(a) De .... ·troying property valued at $1,000 or less. Bad-conduct discharge, forfeiture of all
pay and allowances, and confinement for 1 year.
(b) Destroying property valued at more than $1,000. Dishonorable discharge; fmfeiture of
all pay and allowances, and confinement for 5 years.
e. Sample specifications.
( 1) Wasting or spoiling real property other than militmy property of the United States.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, [(willfully) recklessly)
waste [(willfully) (recklessly) spoil ] (of a value of (about) $ ) (the
amount of said damage being in the sum of(about) $ , the property of ___ _
(2) Damaging any property other than military property of the United States.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, willfully and wrongfully
damage by (method of damage) (identify property damaged (the amount of said
damage being in the sum of (about)$ ), the property of-:-:-----=-
(3) Destroying personal property other than military property of the United States.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, willfully and wrongfully
destroy (identify property destroyed of a value of (about) the property

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