(b) Examples. Wrongful appropriation includes: taking another’s automobile without permission or lawful authority with intent to drive it a short distance and then return it or cause it to be returned to the owner; obtaining a service weapon by falsely pretending to be about to go on guard duty with intent to use it on a hunting trip and later return it; and while driving a government vehicle on a mission to deliver supplies, withholding the vehicle from government service by deviating from the as-signed route without authority, to visit a friend in a nearby town and later restore the vehicle to its lawful use. An inadvertent exercise of control over the property of another will not result in wrongful appropriation. For example, a person who fails to return a borrowed boat at the time agreed upon because the boat inadvertently went aground is not guilty of this offense.
Lesser included offenses.
(1) Larceny.
(a) Article 121—wrongful appropriation
(b) Article 80—attempts
(2) Larceny of military property.
(a) Article 121—wrongful appropriation
(b) Article 121—larceny of property other than military property
(c) Article 80—attempts
(3) Wrongful appropriation. Article 80—attempts
Maximum punishment.
(1) Larceny.
(a) Military property of a value of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(b) Property other than military property of a value of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(c) Military property of a value of more than $500.00 or of any military motor vehicle, aircraft, vessel, firearm, or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
(d) Property other than military property of a value of more than $500.00 or any motor vehicle, aircraft, vessel, firearm, or explosive not included in subparagraph e(1)(c). Dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.
(2) Wrongful appropriation.
(a) Of a value of $500.000 or less. Confinement for 3 months, and forfeiture of two-thirds pay per month for 3 months.
(b) Of a value of more than $500.00. Bad-con-duct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(c) Of any motor vehicle, aircraft, vessel, firearm, or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
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Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 46
