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) $1,000 or less: BCD, TF, 1 year, E-1. (Category 1)
(2) Over $1,000: DD, TF, 3 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully (receive) (buy) (conceal) __________, of a value of (about) $__________, the property of __________, which property, as (he) (she), the said __________, then knew, had been stolen.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused wrongfully (received) (bought) (concealed) (state the property alleged), of a value of $ ______ (or some value);
(2) That the property belonged to (state the name of the person alleged);
(3) That the property had been stolen by some person other than the accused; and
(4) That, at the time the accused (received) (bought) (concealed) the property, (he) (she) knew it was stolen.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Wrongful” means without legal justification or excuse.
NOTE 2: Elements of larceny. The military judge should list here the elements of larceny, including pertinent definitions and supplemental instructions. See Instruction 3a-45-1.
NOTE 3: As a lesser included offense. Receiving stolen property, knowing the same to have been stolen, is not a lesser included offense of larceny.
NOTE 4: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable. Instruction 5-13, Ignorance or Mistake of Fact or Law, as bearing on a possible mistaken belief with respect to stolen property, may be applicable.