UCMJ Article 122a: Receiving Stolen Property
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Article 122a punishes wrongfully receiving, buying, or concealing property that was in fact stolen, by someone who actually knew it was stolen. Suspicion, or a finding that the accused should have known, is not enough. The maximum is a bad-conduct discharge and 1 year when the property is worth $1,000 or less, and a dishonorable discharge and 3 years above $1,000.
Four elements of Article 122a
Any person subject to this chapter who wrongfully receives, buys, or conceals stolen property, knowing the property to be stolen property, shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 922a. The article was added by the Military Justice Act of 2016 (Pub. L. 114-328, § 5435).
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 68.b, lists four elements:
- The accused wrongfully received, bought, or concealed certain property of some value.
- The property belonged to another person.
- The property had been stolen.
- The accused knew that the property had been stolen.
Actual knowledge
“Actual knowledge that the property was stolen is required. Knowledge may be proved by circumstantial evidence” (¶ 68.c(2)). Circumstantial proof is still proof of actual knowledge. It does not convert the element into what a reasonable person would have realized; the question remains what this accused knew.
Who can and cannot be convicted
The Manual sets two rules about the thief (¶ 68.c(1)):
- “The actual thief is not criminally liable for receiving the property stolen” (¶ 68.c(1)).
- A principal to the larceny who was not the actual thief (for example, a lookout) “may be found guilty of knowingly receiving the stolen property but may not be found guilty of both the larceny and receiving the property.”
When receiving is not wrongful
Receiving stolen property is wrongful “if it is without justification or excuse.” The Manual’s examples of conduct that is not wrongful: receiving stolen property in order to return it to its rightful owner, and a law enforcement officer seizing it as evidence (¶ 68.c(3)).
1 year or 3 years, by value
From ¶ 68.d:
| Value of the property | Maximum |
|---|---|
| $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| More than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
These ceilings are lower than larceny’s. Under Article 121, larceny of military property over $1,000 carries 10 years and of other property over $1,000, 5 years.
Sources
- 10 U.S.C. § 922a, Article 122a, Receiving stolen property (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 64.d and ¶ 68
General information about military law, not legal advice for any individual case.