UCMJ Article 108a: Captured or Abandoned Property

The MCM states under Article 108a (Captured or Abandoned Property), a service member is required to secure all public property taken from the enemy for the service of the United States and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. A service member violates Article 108a and is subject to prosecution if they:

1. fail to carry out the duties prescribed;

2. buy, sell, trade, or in any way deal in or dispose of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or

3. engage in looting or pillaging.

To be prosecuted for failing to secure public property taken from the enemy, the prosecution must demonstrate:

1. specific public property was taken from the enemy;

2. this property was of a specific value, and

3. the accused failed to do what was reasonable under the circumstances to secure this property for the service of the United States.

Failing to report and turn over captured or abandoned property may be a chargeable offense if the prosecution proves:

1. specific captured or abandoned public or private property came into the possession, custody, or control of the accused;

2. this property was of a specific value, and

3. The accused should have given notice of its receipt and turned over the captured or abandoned public or private property to the proper authority, with delay.

Charges of dealing in captured or abandoned property require the prosecution to demonstrate the following:

1. the accused bought, sold, traded, or otherwise dealt in or disposed of specific public or private captured or abandoned property;

2. this property was of particular value, and

3. That by so doing, the accused received or expected some profit, benefit, or advantage to the accused or a specific person or persons connected directly or indirectly with the accused.

Looting and pillaging charges must prove:

1. the accused engaged in looting, pillaging, or looting and pillaging by unlawfully seizing or appropriating specific public or private property;

2. this property was located in enemy or occupied territory, or that it was on board a seized or captured vessel, and

3. the property was:

   1. left behind, owned by, or in the custody of the enemy, an occupied state, an inhabitant of an active state, or a person under the protection of the enemy or occupied state, or who, immediately before the occupation of the place where the act occurred, was under the protection of the enemy or settled state; or

   2. part of the equipment of a seized or captured vessel or

   3. owned by or in the custody of the officers, crew, or passengers on board a seized or captured vessel.

Understanding Article 108a (Captured or Abandoned Property) of the UCMJ

Failing to secure public property taken from the enemy applies to public property only. Every person subject to military law has an immediate duty to take steps reasonably within that person’s power to secure public property for the service of the United States and protect it from destruction or loss. Immediately upon its capture from the enemy, public property becomes the property of the United States. Neither the person who takes it nor anyone else has any private right to this property.

Failing to report and turn over captured or abandoned property refers to the duty of all service members to say, to proper authority, receipt of captured or abandoned property through the channels required through current regulations, orders, or the customs of the Service.

While looting and pillaging are self-explanatory, the term disposed of in dealing with captured or abandoned property adds the elements of destruction and abandonment to the clause.

Maximum Possible Punishment for Violations of Article 108a

Service members convicted of an Article 108a violation face a maximum punishment of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months for property valued at $1,000 or less if the specified charges were failing to secure public property taken from the enemy; failing to connect, give notice and turn over, selling, or otherwise wrongfully dealing in or disposing of captured or abandoned property. Suppose the property was over $1,000 or involved any firearm or explosive. In that case, the punishment increases to a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.

Looting or pillaging carried a maximum punishment of any punishment a court-martial may deem appropriate, excluding death.

How do you defend against Article 108a, Captured or Abandoned Property charges?

When facing the combined resources of the military and 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 who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on martial law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various matters and a diverse background of clients.

If you or someone you know is facing Article 108a charges for Captured or Abandoned Property violations, you must speak with a Military defense attorney immediately.