Page 567 - Trump Executive Orders 2017-2021

10270 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

through which such identity may be traced, is furnished by the character, location, or marketing
of the property, or by other circumstances.
(ii) A1ultiple article larceny. When a larceny of several articles is committed at
substantially the same time and place, it is a single larceny even though the articles belong to
different persons. Thus, if a thief steals a suitcase containing the property of several persons or
goes into a room and takes propetty belonging to various persons, there is but one larceny, which
should be alleged in but one specification.
(iii) Special kinds of property which may also be the subject of larceny. Included in
property which may be the subject of larceny is property which is taken, obtained, or withheld by
severing it from real estate and writings which represent value such as commercial paper.
(iv) Services. Theft of services may not be charged under this paragraph. But see
paragraph 66.
(v) Credit, debit, and electronic transaclions. Wrongfully engaging in a credit, debit, or
electronic transaction to obtain goods or money ordinarily should be charged under paragraph
65.
(2) FVrongful appropriation.
(a) Jn general. Wrongful appropriation requires an intent to temporarily-as opposed to
permanently-deprive the owner of the use and benefit of, or appropriate to the use of another,
the property wrongfully taken, withheld, or obtained. ln all other respects wrongful appropriation
and larceny are identical.
(b) Examples. Wrongful appropriation includes: taking another's automobile without
pennission or lawful authority with intent to drive it a short distance and then return it or cause it
to be returned to the owner; obtaining a service weapon by falsely pretending to be about to go
on guard duty with intent to use it on a hunting trip and later return it; and while driving a
Government vehicle on a mission to deliver supplies, withholding the vehicle from Government
service by deviating from the assigned route without authority, to visit a friend in a nearby town
and later restore the vehicle to its lawful use. An inadvertent exercise of control over the property
of another will not result in wrongful appropriation. For example, a person who fails to return a
borrowed boat at the time agreed upon because the boat inadvertently went aground is not guilty
ofthis offense.
d. A1aximum punishment.
(1) Larceny.
(a) Property of a value of$1,000 or less. Bad-conduct discharge, forfeiture of all pay and
allowances, and confinement for 1 year.
(b) Militmy property of a value ~~more than $1, 000 or of any military motor vehicle,
aircrc!ft, vessel, firearm, or explosive. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 10 years.
(c) Property other than militmy property ofa value ofmore than $1,000 or any motor
vehicle, aircraft, vessel, firearm, or explosive not included in subparagraph e.(l)(b).
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(2) Wrongful appropriation.
(a) Of a value of$1,000 or less. Confinement for 3 months, and forfeiture of two-thirds
pay per month for 3 months.
(b) Of a value of more than $1,000. Bad-conduct discharge, forfeiture of all pay and
allowances, and confinement for 1 year.
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