UCMJ Article 108a: Captured or Abandoned Property
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Article 108a imposes a duty before it creates any crime: everyone subject to the UCMJ must secure public property taken from the enemy for the United States, and report and turn over all captured or abandoned property without delay. Failing that duty, or dealing in such property for profit, carries up to a dishonorable discharge and 5 years when the property is worth more than $1,000 or is a firearm or explosive. Looting or pillaging can bring any punishment except death.
The duty and the offenses
10 U.S.C. § 908a(a) states the duty: all persons subject to the UCMJ “shall 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.” Subsection (b) punishes anyone who fails to carry out that duty; buys, sells, trades, or deals in or disposes of captured or abandoned property for profit, benefit, or advantage to themselves or someone connected with them; or “engages in looting or pillaging.”
Before January 1, 2019, this was Article 103. The Military Justice Act of 2016 renumbered it (Pub. L. 114-328, § 5401(4)); Article 103 is now spying.
Four offenses in the Manual
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 44.b, separates four offenses:
| Offense | Property | What must be shown |
|---|---|---|
| Failing to secure public property taken from the enemy | Public property only | The accused failed to do what was reasonable under the circumstances to secure it for the United States |
| Failing to report and turn over | Captured or abandoned public or private property | It came into the accused's possession, custody, or control, and the accused failed both to give notice of receipt and to turn it over to proper authority without delay |
| Dealing in captured or abandoned property | Public or private | The accused bought, sold, traded, or otherwise dealt in or disposed of it and received or expected some profit, benefit, or advantage for themselves or a connected person |
| Looting or pillaging | Public or private | Unlawfully seizing or appropriating property located in enemy or occupied territory, or on board a seized or captured vessel |
Points that decide these cases
- Captured enemy property belongs to the United States at once. “Immediately upon its capture from the enemy public property becomes the property of the United States,” and no one has any private right in it (¶ 44.c(1)(a)). There is no “finders keepers” for enemy equipment or funds.
- The duty is personal and immediate. Every person subject to military law must take the steps reasonably within their power to secure such property and protect it from destruction or loss (¶ 44.c(1)(b)).
- Reporting channels. Reports go directly or through the channels required by regulations, orders, or service custom, and “proper authority” is any authority competent to order disposition of the property (¶ 44.c(2)).
- “Disposed of” includes destruction or abandonment (¶ 44.c(3)).
- Looting requires location. Looting or pillaging means unlawfully seizing or appropriating property located in enemy or occupied territory (or aboard a seized vessel) that was left behind by, owned by, or in the custody of the enemy, an occupied state, its inhabitants, or persons under their protection (¶ 44.b(4), c(4)). The Manual defines “enemy” broadly, including any hostile body opposing U.S. forces and civilians as well as military members (¶ 27.c(1)(b)).
6 months, 5 years, or any punishment short of death
From ¶ 44.d:
| Offense | Maximum |
|---|---|
| Failing to secure, report, or turn over, or wrongfully dealing in or disposing of, property of $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
| The same, property of more than $1,000 or any firearm or explosive | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Looting or pillaging | Any punishment, other than death, that a court-martial may direct |
For these tiers, “explosive” includes ammunition (¶ 44.c(6)). A firearm or ammunition taken from the enemy and kept instead of being turned in falls in the 5-year tier regardless of its value.
U.S. military property and aiding the enemy
Property of the U.S. armed forces that is not captured or abandoned is protected by Article 108. Conduct that helps the enemy, rather than profiting from its property, falls under Article 103b, aiding the enemy.
Sources
- 10 U.S.C. § 908a, Article 108a, Captured or abandoned property (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 27.c(1)(b) and ¶ 44
General information about military law, not legal advice for any individual case.