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: DD, TF, life without eligibility for parole, E-1. (Criteria)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, engage in (looting) (and) (pillaging) by unlawfully (seizing) (appropriating) __________, (property which had been left behind) (the property of __________), [(an inhabitant of __________) (__________)].
c. ELEMENTS:
(1) That (state the time and place alleged), the accused engaged in (looting) (pillaging) (looting and pillaging) by unlawfully (seizing) (appropriating) certain (public) (private) property, namely, (describe the property seized or appropriated);
(2) That this property was (located in enemy or occupied territory) (on board a seized or captured vessel); and
(3) That this property was:
(a) left behind by, owned by, or in the custody of the enemy, an occupied state, an inhabitant of an occupied state, or a person under the protection of the enemy or an occupied state, or who, immediately prior to the occupation of the place where the act occurred, was under the protection of the enemy or occupied state; or
(b) part of the equipment of a seized or captured vessel; or
(c) owned by, or in the custody of the officers, crew, or passengers on board a seized or captured vessel.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
(“Looting”) (and) (“pillaging”) means unlawfully seizing or appropriating property which is located in enemy or occupied territory (or on board a seized or captured vessel).
“Unlawfully seized or appropriated” means to take possession of property in an unauthorized manner or to exercise control over property without proper authorization or justification.
“Property” includes public or private property.
“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.
NOTE 2: Definition of vessel. Should there be an issue whether the seizure or appropriation occurred on a “vessel,” see RCM 103(23) and 1 USC section 3.
e. REFERENCES: US v. Mello, 36 MJ 1067 (ACMR 1993); US v. Manginell, 32 MJ 891 (AFCMR 1991).