Page 515 - Trump Executive Orders 2017-2021

10218 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

46. Article 109a (10 U.S.C. 909a}-Mail matter: wrongful taking, opening, etc.
a. Text ofstatute.
(a) TAKING.-Any person subject to this chapter who, with the intent to obstruct the
correspondence of, or to pry into the business or secrets of, any person or organization,
wrongfully takes mail matter before the mail matter is delivered to or received by the
addressee shall be punished as a court-martial may direct.
(b) OPENING, SECRETING, DESTROYING, STEALING.-Any person subject to this
chapter who wrongfully opens, secretes, destroys, or steals mail matter before the mail
matter is delivered to or received by the addressee shall be punished as a court-martial may
direct.
b. Elements.
(1) Taking.
(a) That the accused took certain mail matter;
(b) That such taking was wrongful;
(c) That the mai I matter was taken by the accused before it was delivered to or received by
the addressee; and
(d) That such taking was with the intent to obstruct the correspondence or pry into the
business or secrets of any person or organization.
(2) Opening, secreting, destroying, or stealing.
(a) That the accused opened, secreted, destroyed, or stole certain mail matter;
(b) That such opening, secreting, destroying, or stealing was wrongful; and
(c) That the mail matter was opened, secreted, destroyed, or stolen by the accused before it
was delivered to or received by the addressee.
c. Explanation. These offenses are intended to protect the mail and mail system. "Mail matter"
means any matter deposited in a postal system of any government or any authorized depository
thereof or in of1icial mail channels of the United States or an agency thereof including the armed
forces. The value of the mail matter is not an element. See subparagraph 64.c.(l) concerning
"steal."
d. lviaximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample specifications.
( 1) 1 'a/dng.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, wrongfully take certain
mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)), addressed to , (out of
the Post Office (orderly room of (unit mail box of
(from before (it) (they) (w·as) (were) (delivered)
(actually received) (to) (by) the (addressee) with intent to (obstruct the correspondence) (pry into
the (business) (secrets)) of--,-__ _
(2) Opening, secreting, destroying, or stealing.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _,(wrongfully (open) (secret)
,
(destroy)) (steal) certain mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)) addressed
to , which said (letters(s)) ( (was) (were) then (in (the Post
Office / (orderly room of (unit mail box of (a representative of
(custody of
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00332 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.334</GPH>
_____ '------/ (had previously been committed to

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