NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT:
(1) $1000 or less: BCD, TF, 6 months, E-1. (Category 1)
(2) Over $1000 or any firearm or explosive: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, fail to secure for the service of the United States certain public property taken from the enemy, to wit: __________, of a value of (about) $__________.
c. ELEMENTS:
(1) That certain public property, namely, (describe the property allegedly taken), [(a firearm) (an explosive)], was taken from the enemy;
NOTE 2: Firearm or explosive alleged. Use the appropriate language in the brackets above only when it is alleged that the property is a firearm or explosive.
(2) That (state the time and place alleged), the accused failed to do what was reasonable under the circumstances to secure this property for the service of the United States; (and)
(3) That the property was of a value of $ __________ (or some lesser amount, in which case the finding should be in the lesser amount).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
In determining whether the accused failed to do what was reasonable under the circumstances to secure the property for the United States, you are advised that every person subject to military law, to include the accused, has an immediate duty to take such steps as are reasonably within that person's power to secure public property for the service of the United States and to protect it from destruction or loss.
“Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.
(“Firearm” means any weapon which is designed to or may be readily converted to expel any projectile by the action of an explosive.)
(“Explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electrical circuit breakers), detonators, and other detonating agents, smokeless powders, any explosive bomb, grenade, missile, or similar device, and any incendiary bomb or grenade, fire bomb, or similar device. “Explosive” includes ammunition.)
NOTE 3: Other instructions. Instruction 7-16, Variance - Value, Damage, or Amount, is ordinarily applicable.