Article 109a: Mail Matter Offenses Under the UCMJ
Article 109a protects mail before it reaches the addressee. Taking mail is an offense only with intent to obstruct someone’s correspondence or to pry into someone’s business or secrets; opening, hiding, destroying, or stealing it is an offense whenever done wrongfully. The value of the mail does not matter. Both offenses carry up to a dishonorable discharge, total forfeitures, and 5 years.
The statute
10 U.S.C. § 909a, added by the Military Justice Act of 2016 (Pub. L. 114-328, § 5421) and in effect since January 1, 2019:
- (a) Taking. Any person subject to the UCMJ “who, with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee.”
- (b) Opening, secreting, destroying, stealing. Any person subject to the UCMJ “who wrongfully opens, secretes, destroys, or steals mail matter before the mail matter is delivered to or received by the addressee.”
Elements
| Offense | Elements (MCM 2024, Part IV, ¶ 46.b) |
|---|---|
| Taking | The accused took certain mail matter; the taking was wrongful; it was taken before delivery to or receipt by the addressee; and it was taken with intent to obstruct the correspondence or pry into the business or secrets of any person or organization |
| Opening, secreting, destroying, or stealing | The accused opened, secreted, destroyed, or stole certain mail matter; it was wrongful; and it happened before delivery to or receipt by the addressee |
Under subsection (a), the government must prove the purpose of obstructing or prying. Under subsection (b), the act done wrongfully before delivery is enough; no such purpose has to be proved. Opening someone else’s package before it reaches them, without authority, can fit subsection (b) even if the accused only wanted to see what was inside.
What counts as “mail matter”
“‘Mail matter’ means any matter deposited in a postal system of any government or any authorized depository thereof or in official mail channels of the United States or an agency thereof including the armed forces” (¶ 46.c). The definition covers:
- items in a postal system of any government, not only the U.S. Postal Service;
- items in an authorized depository of such a system; and
- items in official mail channels of the United States or its agencies, including the armed forces.
“The value of the mail matter is not an element.” For what “steal” means, the Manual refers to the larceny paragraph (¶ 46.c, citing ¶ 64.c(1)).
The timing limit
Both offenses require that the act occur “before the mail matter is delivered to or received by the addressee.” Once mail has been delivered to or received by the addressee, taking or destroying it is outside Article 109a; depending on the facts, larceny (Article 121) or damage to property (Article 109) may apply instead.
Maximum punishment
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years, for both offenses (¶ 46.d). Article 109a is a Category 2 offense in Appendix 12C (1 to 36 months under Appendix 12B) for cases in which all findings of guilty are for offenses after December 27, 2023 (Pub. L. 117-81, § 539E(f)).
Related property articles: Article 108 for military property and Article 109 for other property.
Sources
- 10 U.S.C. § 909a (Article 109a), with source note: statute text at Cornell LII
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 46 (Mail matter: wrongful taking, opening, etc.); Appendixes 12B and 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.