At Bilecki Law Group, We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
Historical Article 103: Captured or Abandoned Property
This article preserves an explanation of the former Article 103 and its historical punishment provisions. Captured or abandoned property offenses moved to Article 108a for conduct governed by the changes effective 1 January 2019. The date of the alleged conduct controls which version applies. A current charge must be assessed under Article 108a and the applicable Manual for Courts-Martial.
For current Article 108a, failure to secure or properly handle captured or abandoned property valued at $1,000 or less carries a bad-conduct discharge, total forfeitures, and six months of confinement; it is Category 1, capped at six months. Property worth more than $1,000, or any firearm or explosive, carries a dishonorable discharge, total forfeitures, and five years of confinement; it is Category 2 (1–36 months). Looting or pillaging permits any punishment other than death, including life, and uses the criteria in Appendix 12D rather than a numerical category. The historical $500 threshold discussed below must not be used for a current offense.
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The punishment summaries describe the current offense limits for enlisted members; earlier conduct must be assessed under the law applicable on its date. Reduction to E-1 applies to enlisted members. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets, and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members. Court-martial jurisdiction and any plea agreement can further limit the sentence.
Every one of the list of UCMJ articles requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime.
Four criminal offenses are described in Article 103, each with its own unique set of elements:
- Failing to secure public property taken from the enemy
- That certain public property was taken from the enemy;
- That this property was of a certain value; and
- That the accused failed to do what was reasonable under the circumstances to secure this property for the service of the United States.
- Failing to report and turn over captured or abandoned property
- That certain captured or abandoned public or private property came into the possession, custody, or control of the accused;
- That this property was of a certain value; and
- That the accused failed to give notice of its receipt and failed to turn over to the proper authority, without delay, the captured or abandoned property.
- Dealing in captured or abandoned property
- That the accused bought, sold, traded, or otherwise dealt in or disposed of certain public or private captured or abandoned property;
- That this property was of a certain value;
- That by so doing the accused received or expected some profit, benefit, or advantage to the accused or to a certain person or persons connected directly or indirectly with the accused.
- Looting or pillaging
- That the accused engaged in looting, pillaging, or looting and pillaging by unlawfully seizing or appropriating certain public or private property;
- That this property was located in enemy or occupied territory, or that it was on board a seized or captured vessel; and
- That the property was left behind or owned by an enemy state or inhabitant of that state
Any service member who fails to give notice of and turn over captured and abandoned property in their possession to the United States Government, OR any service member caught buying, selling or trading in captured or abandoned property, will be subject to punishment under Article 103 of the UCMJ.
Many service members aren’t certain of what they’re up against when charges are initially brought against them. Here’s what we can tell you for sure:
- You could spend the next few years in prison for taking something as simple as a memento from a deployment.
- You will be branded a thief of U.S. Government property. A dishonorable discharge forces you to hide your military service from acquaintances and prospective employers alike.
- The shame of a guilty verdict will stun friends and family and steep fines could leave you in debt for years.
Bilecki Law Group has what it takes to exonerate you completely of any wrongdoing. You owe it to yourself and those you love to fight back against exaggerated government charges.
Military Defense Attorney for Article 103 of the UCMJ: Strategies and Tactics
Article 103 defines four unique criminal offenses, so the first step of any defense strategy is to narrow down the scope of the article and discover exactly what the prosecution is charging you with. Bilecki Law Group will then further define your case by asking a few critical questions:
- If the service member allegedly failed to secure property: Was the property confirmed as public property? Has its value been properly assessed by a third party? Did circumstances make it difficult or impossible to secure the property for the United States?
- If the service member allegedly failed to report and turn over captured property: Were you aware of the value of the property at the time it was taken? Did you make an effort to turn over this property to the U.S. government?
- If the service member allegedly was caught dealing in captured or abandoned property: Were you aware at the time that the property was taken from the enemy? How was the property acquired in the first place? Has the value of the property been assessed by a third party?
- If the service member allegedly looted or pillaged enemy territory: Does the government have witnesses to prove that this is how the property was acquired? Was the value of the looted goods high enough to warrant charges under article 103? Did any other service members participate in the alleged looting and pillaging?
A strong defense strategy could lead to your full acquittal. Contact Bilecki Law Group today and let us review your case.
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Experienced Court Martial Lawyers for Article 103 Charges
Your liberties are on the line. Will you trust just any lawyer to protect them in court? Bilecki Law Group has decades of experience as military criminal defense lawyers defending service members like you from abusive government overreach. We fight for the strongest outcome the evidence and law support in every case we take.
Bilecki Law Group will help you fight back against charges under Article 103: Captured or Abandoned Property
Frequently Asked Questions About Article 103:
What Is the Maximum Possible Punishment for Article 103: Captured or Abandoned Property?
The first three offenses under Article 103 take into account the value of the stolen property before suggesting proper punishment. Therefore, the maximum charges for these offenses include: For a property of a value more than $500 OR any firearm or explosive:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 5 years
- Dishonorable discharge
Looting or pillaging authorizes any punishment other than death, which can include life imprisonment. It does not have a twenty-year confinement ceiling. Current Article 108a governs this offense for conduct subject to the changes effective 1 January 2019.
What Are the Lesser Included Offenses under Article 103?
A lesser included offense may be considered when mitigating factors limit the scope of the original crime. The lesser included offenses under Article 103 include:
Article 80: Attempts
Get Info On More Articles of the UCMJ
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UCMJ Article 104 – Public Record: Altering, Concealing, Removing, Mutilating, Obliterating Or Destroying
UCMJ Article 105 – Misconduct Of A Prisoner
Article 86 UCMJ