§ Article 131e : Prevention of Authorized Seizure of Property

Article 131e of the UCMJ (10 U.S.C. § 931e) punishes destroying, removing, or otherwise disposing of property, with intent to prevent its seizure, while knowing that persons authorized to conduct searches and seizures are seizing, about to seize, or endeavoring to seize that property.

Who It Applies To

Any person subject to the UCMJ who, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize certain property, destroys, removes, or otherwise disposes of that property with intent to prevent its seizure.

What It Covers

1. One or more persons authorized to make searches and seizures were seizing, about to seize, or endeavoring to seize certain property.
2. The accused destroyed, removed, or otherwise disposed of that property with intent to prevent its seizure.
3. The accused then knew that persons authorized to make searches were seizing, about to seize, or endeavoring to seize the property.

Military Rule of Evidence 316 addresses which military personnel may make seizures. Under the Manual, it is not a defense that the search or seizure was technically defective.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Category 1 (0–12 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

Article 131e requires knowledge of an ongoing or imminent authorized seizure. Damage to or destruction of property without that element is addressed by Article 108 or Article 109, and destroying evidence to impede a pending or anticipated case may be obstructing justice under Article 131b.

What the Provision Does

Article 131e requires that the accused knew persons authorized to conduct searches and seizures were seizing, about to seize, or endeavoring to seize the property, and acted with intent to prevent the seizure. Destroying, removing, or disposing of property without that knowledge and intent falls outside this article.

History

Article 131e was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5448), effective January 1, 2019. Before then, destroying, removing, or disposing of property to prevent its seizure was charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 931e (Article 131e, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 86
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Military Rule of Evidence 316