Page 571 - Trump Executive Orders 2017-2021
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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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