Page 571 - Trump Executive Orders 2017-2021

10274 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(5) Dangerous weapon. For purposes of qualifying for the maximum punishment for this
offense as specified in subparagraph d.( I), the tenn "dangerous weapon" has the same meaning
as that ascribed to the term in subparagraph 77.c.(5)(a)(iii).
d. Maximun1 punishment.
(1) When committed with a dangerous weapon. Dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 15 years.
(2) All other cases. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 10 years.
e. Sample spec~fication.
In that (personal jurisdiction data), did, (at/on board-location)
,
(subject-matter jurisdiction data, if required), on or about 20 __ by means of(force)
(violence) (force and violence) (and) (putting (him) (her) in fear) [with a dangerous weapon, to
wit: seize from the (person) (presence) against (his) (her)
will, (a watch) of value of (about) the property of

68. Article 122a (10 U.S.C. 922a)-Receiving stolen property
a. Text r?fstatute.
Any person subject to this chapter who wrongfully receives, buys, or conceals stolen
property, knowing the property to be stolen property, shall be punished as a court-martial
may direct.
b. Elements.
(1) That the accused wrongfully received, bought, or concealed certain property of some
value;
(2) That the property belonged to another person;
(3) That the property had been stolen; and
(4) That the accused knew that the property had been stolen.
c. Lxplanation.
(1) in general. The actual thief is not criminally liable for receiving the property stolen;
however a principal to the larceny (see paragraph 1), when not the actual thief, may be found
guilty of knowingly receiving the stolen property but may not be found guilty ofboth the larceny
and receiving the property.
(2) Knowledge. Actual knowledge that the property was stolen is required.
Knowledge may be proved by circumstantial evidence.
(3) Wrongjitlness. Receiving stolen propetiy is wrongful if it is without justification or
excuse. For example, it would not be wrongful for a person to receive stolen property for the
purpose of returning it to its rightful owner, or for a law enforcement officer to seize it as
evidence.
d. A1aximum punishment.
(1) Receiving, buying, or concealing stolen property of a value of$1.000 or less. Bad-conduct
discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(2) Receiving, buying, or concealing stolen property of a value of more than $1,000.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
e. Sample spec¢cation.
In that (personal jurisdiction data), did, (at/on board-location)
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00388 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.390</GPH>
20 _, VvTongfully
(subject-matter jurisdiction data, if required), on or about

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