UCMJ Article 134 – Stolen Property: Knowingly Receiving, Buying, or Concealing

This enumerated offense under Article 134 punishes service members who knowingly receive, buy, or conceal stolen property. The misconduct is distinct from larceny under Article 121, which covers the actual theft. Here, the offense targets those who benefit from or assist in hiding stolen goods, even if they did not steal them.

The military treats this offense seriously because it enables theft, undermines trust, and damages the reputation of the armed forces. Service members are expected to respect property rights and avoid association with criminal activity.

Key Elements

The prosecution must prove:

  1. That certain property was stolen.
  2. That the accused wrongfully received, bought, or concealed the property.
  3. That the accused knew the property had been stolen.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense includes:

  • Buying property from another service member at a price clearly too low, knowing it was stolen.
  • Receiving stolen government equipment or supplies.
  • Concealing or hiding stolen items to protect the thief.
  • Accepting stolen property in exchange for favors or benefits.

The law requires actual knowledge. Mere suspicion may not be enough, but circumstances that would make any reasonable person aware the goods were stolen can establish guilt.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 3 years (if property value is over $500).
  • If value is $500 or less: Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 6 months.

Defenses

Possible defenses include:

  • Lack of knowledge: The accused did not know and could not reasonably have known the property was stolen.
  • No wrongful receipt: If the accused acquired the property through lawful channels.
  • Mistake of fact: Believing in good faith that the seller or giver had authority to transfer the property.
  • No prejudice or discredit: If the act had no effect on good order or reputation (rare in practice).

Examples

If a soldier buys a government laptop for $20 from another service member, Article 134 applies. If a Marine helps hide stolen gear from a supply room, it qualifies. If an airman knowingly receives stolen civilian property on base housing, it is punishable. By contrast, if a sailor accepts a gift not knowing it was stolen, liability may not apply.

Conclusion

Article 134 punishes those who knowingly receive, buy, or conceal stolen property, ensuring accountability for misconduct beyond theft itself. The rule reinforces discipline, discourages criminal networks within the military, and protects the armed forces’ reputation.

Frequently Asked Questions

1. How is this offense different from larceny under Article 121?
Larceny punishes the original theft, while Article 134 punishes those who knowingly accept or hide stolen property. Even if the accused did not steal, they can be guilty for helping conceal or benefit from the theft. Both undermine discipline.

2. What level of knowledge is required?
The prosecution must prove the accused knew or should have known the property was stolen. Circumstances like extremely low prices or suspicious transfers can establish awareness. Honest lack of knowledge is a defense.

3. Does property value affect punishment?
Yes. If the stolen property is worth more than $500, confinement can reach 3 years with a dishonorable discharge. For property worth $500 or less, the maximum is 6 months with a bad-conduct discharge. Value is a major factor in sentencing.

4. Can government property be included?
Yes. Receiving stolen government equipment or supplies is punishable under this article. Because government property supports operations, such cases are often treated more severely.

5. What if the accused only held the property temporarily?
Even brief concealment can qualify if the accused knowingly aided in hiding stolen property. The duration does not eliminate liability. Intent and knowledge are the critical factors.

6. What if the accused thought the property was abandoned?
If the accused reasonably believed the property was abandoned, not stolen, this may be a defense. The prosecution must show the accused knew it was wrongfully taken.

7. Can this offense apply off base?
Yes. Service members are accountable worldwide. Receiving or concealing stolen civilian property off base is punishable if it discredits the armed forces. Jurisdiction follows the member.

8. Can this overlap with conspiracy charges?
Yes. If the accused and others planned to receive and hide stolen property, conspiracy may also be charged. Multiple UCMJ provisions often apply in property crimes.

9. Does intent to profit matter?
No. Even without financial gain, knowingly receiving or hiding stolen property is punishable. The offense lies in enabling theft and undermining discipline.

10. Why does the military punish this offense so severely?
Because receiving stolen property encourages theft, weakens trust, and damages the armed forces’ image. Strict enforcement deters networks of misconduct and reinforces accountability. The rule protects both individuals and the institution.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Receiving Stolen Property)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Brown, 36 M.J. 338 (1993)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

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