Article 108a: Captured or Abandoned Property Under the UCMJ
Article 108a imposes two duties on everyone subject to the UCMJ: secure public property taken from the enemy for the United States, and report and turn over captured or abandoned property without delay. It then punishes four things: failing those duties, dealing in captured or abandoned property for profit or advantage, and looting or pillaging. The first three carry up to a bad-conduct discharge and 6 months or, above $1,000 or for any firearm or explosive, a dishonorable discharge and 5 years. Looting or pillaging carries any punishment except death.
The statute
10 U.S.C. § 908a:
- (a) “All persons subject to this chapter shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.”
- (b) Any person subject to the UCMJ who “(1) fails to carry out the duties prescribed in subsection (a); (2) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or (3) engages in looting or pillaging.”
The section was Article 103 (10 U.S.C. § 903) until the Military Justice Act of 2016 renumbered it as § 908a, effective January 1, 2019 (Cornell LII source note).
Four offenses
| Offense | Elements (MCM 2024, Part IV, ¶ 44.b) |
|---|---|
| Failing to secure public property taken from the enemy | Public property was taken from the enemy; it had a certain value; the accused failed to do what was reasonable to secure it for the United States |
| Failing to report and turn over | Captured or abandoned public or private property came into the accused's possession, custody, or control; it had a certain value; the accused failed to give notice and turn it over to proper authority without delay |
| Dealing in captured or abandoned property | The accused bought, sold, traded, or otherwise dealt in or disposed of such property; it had a certain value; and the accused received or expected some profit, benefit, or advantage to self or a connected person |
| Looting or pillaging | The accused unlawfully seized or appropriated public or private property located in enemy or occupied territory, or on a seized or captured vessel, belonging to or in the custody of the enemy, an occupied state, its inhabitants, persons under their protection, or a captured vessel's equipment, officers, crew, or passengers |
Points from the Manual’s explanation
- Public property becomes U.S. property at capture. “Immediately upon its capture from the enemy public property becomes the property of the United States. Neither the person who takes it nor any other person has any private right in this property” (¶ 44.c(1)(a)).
- The duty to secure is “an immediate duty to take such steps as are reasonably within that person’s power” (¶ 44.c(1)(b)).
- The duty to report and turn over covers private as well as public captured or abandoned property, with reports made through the channels set by regulation, orders, or custom. “Proper authority” is any authority competent to order disposition of the property (¶ 44.c(2)).
- “Disposed of” includes destruction or abandonment (¶ 44.c(3)).
- Looting or pillaging “means unlawfully seizing or appropriating property which is located in enemy or occupied territory” (¶ 44.c(4)).
War trophies: what the statute on souvenirs says
Keeping an item is lawful only through the regulations Congress required under 10 U.S.C. § 2579. Under that section:
- Enemy material captured or found abandoned in a theater of operations “shall be turned over to appropriate United States or allied military personnel except as otherwise provided in such regulations,” and a member may not take a former enemy object from the theater as a souvenir except in accordance with them (§ 2579(b)(2)).
- A member who wants to keep an item may request it when turning it over, and a designated officer reviews the request (§ 2579(b)(3)-(4)).
- For captured weapons, the regulations must provide that “The only weapons that may be retained are those in categories to be agreed upon jointly by the Secretary of Defense and the Secretary of the Treasury,” and “Before a weapon is turned over to a member, the weapon shall be rendered unserviceable” (§ 2579(b)(5)(A)-(B)).
So a captured rifle is not a lawful souvenir merely because it went through a request process: it must fall in an approved category and be rendered unserviceable first. An item kept outside the regulations can support a charge for failing to turn it over.
Maximum punishment
| Offense | Value or item | Maximum (¶ 44.d) | Category (App. 12C) |
|---|---|---|---|
| Failing to secure; failing to give notice and turn over; selling or otherwise dealing in or disposing of | $1,000 or less | Bad-conduct discharge, total forfeitures, 6 months | 1 |
| Same | More than $1,000, or any firearm or explosive (including ammunition) | Dishonorable discharge, total forfeitures, 5 years | 2 |
| Looting or pillaging | Any value | Any punishment other than death | Sentencing criteria |
The last column shows the Appendix 12C assignment, which governs sentencing only where every finding of guilty is for an offense after December 27, 2023 (Pub. L. 117-81, § 539E(f)).
Related articles
- Leaving a place of duty before the enemy to plunder or pillage: Article 99.
- Violating a safeguard placed over enemy or neutral property: Article 102.
- Damaging or disposing of property that is already U.S. military property: Article 108.
Sources
- 10 U.S.C. § 908a (Article 108a), with source note: statute text at Cornell LII
- 10 U.S.C. § 2579 (war booty: battlefield objects): statute text at Cornell LII
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 44 (Captured or abandoned property); Appendix 12C
This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content. If you are facing charges under the UCMJ or need legal guidance regarding military justice matters, consult a qualified military defense attorney.