What Is the Punishment for Wrongful Appropriation?

Wrongful appropriation, as defined under Article 121 of the Uniform Code of Military Justice (UCMJ), occurs when a person unlawfully takes, obtains, or withholds money, personal property, or an item of value from another person’s possession. This act is differentiated from larceny by the perpetrator’s intention. In wrongful appropriation, the intent is to temporarily deprive the rightful owner of the appropriated item’s use and benefit; in larceny, the intent is to permanently deprive the owner.

Case Studies and Precedents

Reviewing legal precedents and case studies can help you better understand how wrongful appropriation and larceny are handled in real-world situations. Several cases have helped clarify the interpretation of Article 121 in modern times.

For instance, in the case of United States v. Castro, the defendant was found guilty of stealing gas that was the property of GSA (General Services Administration) by using a GSA fuel card without authorization to purchase gas for his personal vehicle. Since the GSA paid for and owned the fuel that the defendant put into his car, it had a superior possessory interest in the fuel sufficient to constitute larceny.

In another case, United States v. Jones, it was highlighted that the value of the property taken, obtained, or withheld is not an element of the offense. However, larceny of property having a value of more than $500 carries a larger sentence than larceny of property having a lesser value.

The case of United States v. Simpson offered guidance on wrongful credit, debit, or electronic transactions as forms of larceny and established that the object of larceny should be the person or entity from whom the accused obtained goods or money. It clarified that it doesn’t matter who suffered a loss due to the accused’s actions.

In United States v. Williams, the court explained the definitions and requirements of larceny under military law, emphasizing that the accused must steal something from a person who owns it or has a greater possessory interest. Services, being intangible, cannot be objects of larceny.

United States v. Cimball Sharpton set a precedent that in a credit card larceny, the victim is the person or entity that suffered the financial loss. Here, the Air Force was named the proper victim as this military branch bore the financial loss resulting from unauthorized charges.

Another significant case is United States v. Hines, which addressed the concept of continuing larceny over time. The court ruled that a premeditated scheme leading to recurring theft of money should be treated as a single crime, aggregating all wrongfully obtained funds into a single larceny or wrongful appropriation charge, provided the total value is above $500. However, if the only evident intent is an initial plan to steal acted upon sporadically, each theft is treated as a separate crime.

How Punishment is Determined

Article 121 of the UCMJ specifies the potential punishment for both wrongful appropriation and larceny in the military, stating that anyone found guilty of either crime “shall be punished as a court-martial may direct.”

The maximum punishment depends on the type of property stolen and its value. Article 121 was updated in 2019, so the elements of the offense and the maximum punishment also depend on when the crime occurred.

Maximum Punishments for Wrongful Appropriation Pre-2019

Value of $500 or less: Confinement for three months and forfeiture of two-thirds pay for three months.
Value of more than $500: Bad conduct discharge, forfeiture of all pay and allowances, and confinement for six months.
Motor vehicle, aircraft, vessel, firearm, or explosive: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.

Maximum Punishments for Wrongful Appropriation After January 1, 2019

Value of $1,000 or less: Confinement for three months, forfeiture of two-thirds pay for three months, and reduction in grade to E-1.
Value of more than $1,000: Bad conduct discharge, forfeiture of all pay and allowances, confinement for one year, and reduction in grade to E-1.
Motor vehicle, aircraft, vessel, firearm, or explosive valued at more than $1,000: Dishonorable discharge, forfeiture of all pay and allowances, confinement for two years, and reduction in grade to E-1.

Maximum Punishments for Larceny Pre-2019

Property other than military property valued at $500 or less: Bad conduct discharge, forfeiture of all pay and allowances, and confinement for six months.
Military property valued at $500 or less: Bad conduct discharge, forfeiture of all pay and allowances, and confinement for one year.
Property other than military property valued at more than $500, or any motor vehicle, aircraft, vessel, firearm, or explosive: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.
Military property valued at more than $500, or any military motor vehicle, aircraft, vessel, firearm, or explosive: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Maximum Punishments for Larceny After January 1, 2019

Any property valued at $1,000 or less: Bad conduct discharge, forfeiture of all pay and allowances, confinement for one year, and reduction in grade to E-1.
Property other than military property valued at more than $1,000, or any motor vehicle, aircraft, vessel, firearm, or explosive: Dishonorable discharge, forfeiture of all pay and allowances, confinement for five years, and reduction in grade to E-1.
Military property valued at more than $1,000, or any motor vehicle, aircraft, vessel, firearm, or explosive: Dishonorable discharge, forfeiture of all pay and allowances, confinement for 10 years, and reduction in grade to E-1.

Note that these are maximum punishments. Actual sentences account for the specific circumstances of the offense, the individual’s service record, and other relevant factors.

Defend Yourself Against Wrong Appropriation Charges

Navigating the complexities of military law and the UCMJ can be challenging. Wrongful appropriation and larceny are serious offenses with potentially severe consequences. Whether you’re facing such charges or seeking to understand the potential legal ramifications of your actions, having a knowledgeable legal advocate by your side is crucial.

Joseph L. Jordan, Attorney at Law, is a distinguished military defense lawyer with over 10 years of experience successfully defending service members in a wide range of legal disputes. Mr. Jordan’s unique perspective as a former service member and Army JAG officer gives him a deep understanding of the military justice system and the challenges that accused service members face.

If you or someone you know is facing charges of wrongful appropriation or other UCMJ violations, call us toll-free at 800-580-8034 or 254-221-6411 to speak directly with Mr. Jordan about protecting your rights and preserving your military career.