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, 1 year, E-1. (Category 1)
(2) More than $1000: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
Damaging non-military property:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and wrongfully damage by (method of damage) (identify property damaged ________) (the amount of said damage being in the sum of (about) $ __________), the property of __________.
Destroying non-military property:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, willfully and wrongfully destroy (identify property destroyed ________), of a value of (about) $ __________ the property of __________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused willfully and wrongfully (damaged) (destroyed) certain personal property, that is (describe the property alleged) by (state the manner alleged);
(2) That the property belonged to (state the name of the owner alleged); and
(3) [That the property was of a value of $__________ (or of some lesser value, in which case the finding should be in the lesser amount)] [That the damage was in the amount of $__________ (or of some lesser amount, in which case the finding should be in the lesser amount)].
d. DEFINITIONS AND OTHER INSTRUCTIONS:
An act is done “willfully” if it is done intentionally or on purpose.
“Wrongfully” means contrary to law, regulation, lawful order, or custom.
NOTE 2: Destruction alleged. If destruction is alleged, define it as follows:
To be “destroyed,” the property need not be completely demolished or annihilated, but must be sufficiently injured to be useless for its intended purpose.
NOTE 3: Damage alleged. If damage is alleged, give the following definition:
“Damage” consists of any physical injury to the property.
(As a general rule, the amount of damage is the estimated or actual cost of repair by artisans employed in this work who are available to the community wherein the owner resides, or the replacement cost, whichever is less.)
NOTE 4: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), and Instruction 7-16, Variance - Value, Damage, or Amount, are ordinarily applicable.