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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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