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, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, steal certain mail matter, to wit: (a) (letter(s)) (postal card(s)) (package(s)) addressed to __________, which said (letter(s)) (__________) (was) (were) then (in (the __________ Post Office __________) (orderly room of __________) (unit mail box of __________) (custody of __________) (__________)) (had previously been committed to __________, (a representative of __________,) (an official agency for the transmission of communications)) before said (letter(s)) (__________) (was) (were) (delivered) (actually received) (to) (by) the (addressee).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused stole certain mail matter, to wit: (state the mail matter alleged), addressed to (state the name of the addressee);
(2) That such stealing was wrongful; and
(3) That the accused stole the mail matter before it was (delivered to) (received by) (state the name of the addressee).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Mail matter” means any matter deposited in a postal system of any government or any authorized depository thereof or in official mail channels of the United States or any agency thereof including the armed forces. The value of mail matter is not an element of the offense.
“Stealing” is the wrongful taking of mail matter, the property of another, with the intent to permanently deprive the owner of the use and benefit of the property or the intent to permanently appropriate the property to the accused’s own use or the use of anyone other than the lawful owner. A taking is wrongful only when done without the consent of the owner and with a criminal state of mind.
“Wrongful” means without legal justification or excuse.
NOTE 2: “Mail matter” and the postal system. An item loses its character as “mail matter” when it is no longer in the postal system. If the evidence raises the issue whether the item was in the postal system when it was stolen, or had already been delivered to or received by the addressee, the following instructions may be appropriate.
Evidence has raised an issue of whether the item(s) in question (was) (were) still in the postal system or had been delivered to, or received by, the addressee at the time the item(s) (was) (were) allegedly stolen. An item loses its character as ’mail matter’ when it ceases to be in the postal system. Mail is in the postal system once it is placed there by the sender and until such time it is in fact received by, or actually delivered to, the addressee or an individual specifically designated by the addressee. Once an item placed into the postal system has been received by or actually delivered to the addressee or an authorized agent, it ceases to be mail matter.
(When an item that is placed into the postal system is returned by the postal system to the sender as undeliverable, the sender becomes the addressee. In such a case, the item remains in the postal system until it has been delivered to or received by the sender.)
(A person whose military duty it is to deliver mail is part of the postal system, so if the accused was in possession of mail matter as part of (his) (her) official duties, the mail remained in the postal system. On the other hand, when an individual specifically designates another to receive mail on his/her behalf, mail ceases to be in the postal system when delivered to the designated individual. If one is designated to receive official mail on a “blanket authorization,” however, mail in that person’s custody remains mail matter until actually delivered to the addressee.)
The burden is on the prosecution to prove beyond a reasonable doubt the item(s) in question (was) (were) in the postal system when (it) (they) (was) (were) allegedly stolen.
NOTE 3: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
e. REFERENCES: When matter is in the “postal system.” US v. Rayfield, 30 CMR 307 (CMA 1961); US v. Manausa, 30 CMR 37 (CMA 1960); US v. McCline, 32 MJ 356 (CMA 1991); US v. Smith, 27 MJ 914 (ACMR 1989); US v. Sullivan, 25 MJ 635 (ACMR 1987); US v. Scioli, 22 CMR 292 (CMA 1957).