§ Article 108a : Captured or Abandoned Property

Article 108a of the UCMJ (10 U.S.C. § 908a) requires every person subject to the UCMJ to secure public property taken from the enemy, and to give notice of and turn over captured or abandoned property without delay. It punishes failing to do so, dealing in captured or abandoned property for profit or advantage, and looting or pillaging.

Who It Applies To

Any person subject to the UCMJ who fails to secure public property taken from the enemy or to promptly report captured or abandoned property to proper authority; who buys, sells, trades, or otherwise deals in captured or abandoned property for personal profit or advantage; or who engages in looting or pillaging.

What It Covers

Failing to secure public property taken from the enemy

1. Certain public property was taken from the enemy.
2. The property was of a certain value.
3. The accused failed to do what was reasonable under the circumstances to secure the property for the service of the United States.

Failing to report and turn over captured or abandoned property

1. Certain captured or abandoned public or private property came into the accused’s possession, custody, or control.
2. The property was of a certain value.
3. The accused failed to give notice of its receipt and failed to turn it over to proper authority without delay.

Dealing in captured or abandoned property

1. The accused bought, sold, traded, or otherwise dealt in or disposed of certain captured or abandoned public or private property.
2. The property was of a certain value.
3. By doing so, the accused received or expected some profit, benefit, or advantage for the accused or for a person directly or indirectly connected with the accused.

Looting or pillaging

1. The accused engaged in looting or pillaging by unlawfully seizing or appropriating certain public or private property.
2. The property was located in enemy or occupied territory, or was on board a seized or captured vessel.
3. The property was left behind by, owned by, or in the custody of the enemy, an occupied state, an inhabitant of an occupied state, or a person under (or, immediately before the occupation, under) the protection of the enemy or occupied state; or was part of the equipment of a seized or captured vessel; or was owned by or in the custody of the officers, crew, or passengers of such a vessel.

Key rules

• Public property taken from the enemy becomes property of the United States immediately upon capture; no one has a private right in it. Every person subject to military law has an immediate duty to take reasonable steps to secure it.
• “Proper authority” is any authority competent to order disposition of the property. “Disposed of” includes destruction or abandonment.
• For the maximum punishment, “explosive” includes ammunition.

Maximum Punishment

Maximum authorized punishment.

• Failing to secure, report, or turn over, or selling or otherwise wrongfully dealing in or disposing of, captured or abandoned property, $1,000 or less: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• The same, more than $1,000 or any firearm or explosive: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
• Looting or pillaging: any punishment other than death that a court-martial may direct.

Sentencing parameters.

• $1,000 or less: Category 1 (0–12 months), with a recommended maximum of 6 months.
• More than $1,000 or any firearm or explosive: Category 2 (1–36 months).
• Looting or pillaging: a sentencing-criteria offense (no numbered category).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 108a addresses captured or abandoned property. The United States’ own military property is addressed by Article 108, and theft generally by Article 121. Violating a commander’s safeguard is addressed by Article 102, and quitting a place of duty before the enemy to plunder or pillage by Article 99.

What the Provision Does

Captured and abandoned property must be secured and accounted for, and it may not become a source of private gain. Article 108a imposes that duty on every person subject to the UCMJ and treats looting or pillaging as its most serious violation.

History

Captured or abandoned property appeared as Article 103 of the original 1950 UCMJ, codified at 10 U.S.C. § 903 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328) renumbered it as Article 108a, effective January 1, 2019; the Article 103 designation now covers spies.

Sources

• 10 U.S.C. § 908a (Article 108a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 44
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12D