UCMJ Article 122a: Receiving Stolen Property

The MCM states any service member may be subject to prosecution if they wrongfully receive, buy, or conceal stolen property, knowing the property is stolen.

To be prosecuted for a violation of Article 122a, the prosecution must demonstrate that:

1. the accused wrongfully received, bought, or concealed specific property of some value;

2. the property belonged to another person;

3. the property had been stolen, and

4. the accused knew that the property had been stolen.

Understanding Article 122a (Receiving Stolen Property) of the UCMJ

Receiving stolen property is wrongful if it is without justification or excuse.  The actual thief is not criminally liable for acquiring the property stolen; however, a principal to the robbery, when not the real thief, may be found guilty of knowingly receiving the stolen property but may not be found guilty of both the theft and acquiring the property.  Knowledge that the property was stolen is a requirement, but the evidence of such knowledge itself may be circumstantial.

Maximum Possible Punishment for Violations of Article 122a

Service members convicted of violations of Article 122a face differing punishments contingent upon the monetary value of the stolen items.

I am receiving, buying, or concealing stolen property worth $1,000 or less, resulting in a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year.

I am receiving, buying, or concealing stolen property of more than $1,000, which yields a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.

How do you defend against Article 122a Receiving Stolen Property charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.

If you, or someone you know, is facing Article 122a charges for Receiving Stolen Property, you need to speak with a Military defense attorney immediately. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.