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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Seizure: Destruction, Removal, Or Disposal Of Property To Prevent

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That one or more persons authorized to make searches and seizures were seizing, about to seize, or endeavoring to seize certain property;

(2) That the accused destroyed, removed, or otherwise disposed of that property with intent to prevent the seizure thereof;

(3) That the accused then knew that person(s) authorized to make searches were seizing, about to seize, or endeavoring to seize the property; and

(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. See Mil. R. Evid. 316(e) in the Manual Of Courts Martials (linked to a 3.5M PDF) concerning military personnel who may make seizures. It is not a defense that a search or seizure was technically defective.

Lesser included offenses. Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.







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Page added on: 18 Jun 2007
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Revised: 10/21/09.