3a-71-7. DELIVERING AMOUNT LESS THAN CALLED FOR BY RECEIPT (ARTICLE 124)

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) $1000.00 or less: BCD, TF, 6 months, E-1. (Category 1)

(2) Over $1000.00: DD, TF, 5 years, E-1. (Category 2)

b. SAMPLE SPECIFICATION:

In that __________, (personal jurisdiction data), having (charge) (possession) (custody) (control) of (money) (__________) of the United States, (furnished) (intended) (furnished and intended) for the armed forces thereof, did, (at/on board—location), on or about __________, knowingly deliver to __________, the said __________ having authority to receive the same, (an amount) (__________), which, as (he) (she), __________, then knew, was ($__________) (__________) less than the (amount) (__________) for which (he) (she) received a (certificate) (receipt) from the said __________.

c. ELEMENTS:

(1) That the accused had (charge) (possession) (custody) (control) of (state the money/property alleged), (money) (property) of the United States (furnished) (intended) (furnished and intended) for the armed forces;

(2) That the accused obtained a (receipt) (certificate) for a certain (amount) (quantity) of this (money) (property) from (state the name of the person alleged);

(3) That for the (receipt) (certificate), the accused (state the time and place alleged), knowingly delivered to (state the name of the person alleged), a person who had authority to receive it, (an amount) (a quantity) of this (money) (property) which (he) (she) knew was less than the (amount) (quantity) specified in the (receipt) (certificate); and

(4) That the undelivered (money) (property) was of the value of (state the value alleged).

d. DEFINITIONS AND OTHER INSTRUCTIONS:

NOTE 2: Other instructions. Instruction 5-13, Ignorance or Mistake of Fact or Law, may be applicable. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable. Instruction 7-16, Variance - Value, Damage, or Amount, is ordinarily applicable.