§ Article 121 : Larceny and Wrongful Appropriation

Article 121 of the UCMJ (10 U.S.C. § 921) punishes wrongfully taking, obtaining, or withholding property belonging to another. The offense is larceny if done with intent to permanently deprive or defraud the owner, and wrongful appropriation if done with intent only to temporarily deprive the owner.

Who It Applies To

Any person subject to the UCMJ who wrongfully takes, obtains, or withholds property from the possession of the owner or of any other person, with intent permanently to deprive or defraud that person of the use and benefit of the property, or to appropriate it to the accused’s own use or the use of any person other than the owner.

What It Covers

Larceny

1. The accused wrongfully took, obtained, or withheld certain property from the possession of the owner or of any other person.
2. The property belonged to a certain person.
3. The property was of a certain value, or of some value.
4. The taking, obtaining, or withholding was with intent permanently to deprive or defraud another person of the use and benefit of the property, or permanently to appropriate it for the use of the accused or anyone other than the owner.
5. Where alleged: the property was military property.

Wrongful appropriation

1. The accused wrongfully took, obtained, or withheld certain property from the possession of the owner or of any other person.
2. The property belonged to a certain person.
3. The property was of a certain value, or of some value.
4. The taking, obtaining, or withholding was with intent temporarily to deprive or defraud another person of the use and benefit of the property, or temporarily to appropriate it for the use of the accused or anyone other than the owner.

Key rules

• Larceny includes wrongful taking (common-law larceny), wrongful obtaining by false pretense, and wrongful withholding (formerly embezzlement). Any of them may be charged as “did steal.”
• Any movement of the property or exercise of dominion over it is generally enough if accompanied by the required intent. A withholding may arise from failing to return, account for, or deliver property when due, or from using it in an unauthorized way. Receiving stolen property and being an accessory after the fact are not “withholding,” and a debtor’s failure to pay a debt is not a withholding of specific property.
• The taking must be from the possession of the owner or of any other person with possession or a greater right to possession than the accused — even a person who had stolen the property.
• A taking or withholding is generally wrongful if done without the other person’s consent, and an obtaining is wrongful if done by false pretense. It is not wrongful if authorized by law or apparently lawful superior orders, or generally if done by someone with an equal or greater right to possession.
• A false pretense is a false representation of past or existing fact — which can include a person’s present intention — knowingly made and an effective and intentional cause of the obtaining.
• Intent to steal may be formed after the property was lawfully obtained. It may be inferred from circumstances such as secret taking and denial, or sale of the property. Under the Manual, motive does not negate intent, an intent to pay for or replace the property is not a defense, and returning the property after a completed larceny is not a defense. Taking money with intent to return an equivalent amount may be wrongful appropriation rather than larceny.
• Value is a question of fact. Generally it is the legitimate market value at the time and place of the theft; for government-issued items, an official price list is admissible evidence of value.
• Military property is property owned, held, or used by one of the armed forces; retail merchandise of exchange stores is not military property.
• Theft of services is charged under Article 121b, and wrongful credit, debit, or electronic transactions ordinarily under Article 121a.
• Wrongful appropriation differs from larceny only in the intent: temporary rather than permanent. An inadvertent exercise of control over another’s property is not wrongful appropriation.

Maximum Punishment

Maximum authorized punishment.

• Larceny, $1,000 or less: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Larceny of military property of more than $1,000, or of any military motor vehicle, aircraft, vessel, firearm, or explosive: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
• Larceny of other property of more than $1,000, or of any other motor vehicle, aircraft, vessel, firearm, or explosive: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
• Wrongful appropriation, $1,000 or less: confinement for 3 months and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.
• Wrongful appropriation, more than $1,000: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Wrongful appropriation of any motor vehicle, aircraft, vessel, firearm, explosive, or military property of more than $1,000: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

Sentencing parameters.

• Larceny, $1,000 or less: Category 1 (0–12 months).
• Larceny of military property of more than $1,000 or of a military vehicle, aircraft, vessel, firearm, or explosive: Category 2 (1–36 months).
• Larceny of other property of more than $1,000 or of another vehicle, aircraft, vessel, firearm, or explosive: Category 2 (1–36 months).
• Wrongful appropriation, all forms: Category 1 (0–12 months); for $1,000 or less, the recommended maximum is 3 months.

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

Larceny and wrongful appropriation are distinguished by intent. Robbery under Article 122 requires a taking from the person or in the person’s presence by force, violence, or fear, and Article 122a addresses receiving, buying, or concealing stolen property. Damage to or loss of military property without a taking is addressed by Article 108.

What the Provision Does

Article 121 covers property belonging to another that is wrongfully taken, obtained, or withheld. It distinguishes larceny, which requires intent to permanently deprive or defraud, from wrongful appropriation, which requires only intent to temporarily deprive, and sets the maximum punishment by intent, value, and type of property.

History

Article 121 appeared in the original 1950 UCMJ and was codified at 10 U.S.C. § 921 in 1956. Its statutory text has not been amended since.

Sources

• 10 U.S.C. § 921 (Article 121, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 64
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C