Page:Title 3 CFR 2002 Compilation.djvu/244

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Executive Orders EO 13262 to $1000 pursuant to section 606 of the Economic Espionage Act of 1996, P. L. No. 104-294, 110 Stat. 3488 (1996), a value of $500 was chosen to maintain deterfence, simplicity, and uniformity for the Manual's property offenses.". d. The Analysis to paragraph 33(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in \177969 raising the amount to $\17700. The value has also been readiusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value).". e. The Analysis to paragraph 46(c) is amended by adding at the end the following new paragraph: "2002 Amendment: Subparagraph c(1)(h)(vi) is new. It was added to pro- vide guidance on how unauthorized credit, debit, or electronic transactions should usually be charged. See United States v. Duncan, 30 M.J. 1284, 289 (N.M.C.M.R. 1990) (citing United States v. Jones, 29 C.M.R. 651 (A.B.R. 1960), petition denied, 30 C.M.R. 417 (C.M.A. 1960)) (regarding thefts from ATM machines). Alternative charging theories are also available, see United States v. Leslie, 13 M.J. 170 (C.M.A. 1982); United States v. Hagins, 11 M.J. 42 (C.M.A. 1981); United States v. Schaper, 42 M.J. 737 (A.F. Ct. Crim. App. 1995); and United States v. Christy, 18 M.J. 688 (N.M.C.M.R. 1984). The key under Article 121 is that the accused wrongfully obtained goods or money from a person or entity with a superior possessory interest.". f. The Analysis to paragraph 46(e) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value). Although the monetary amount effecting punishment in 18 U.S.C. \365 1361, Government property or contracts, and 18 U.S.C. \365 641, Public money, property or records, was increased from $100 to $1000 pursuant to section 606 of the Economic Espionage Act of 1996, P. L. No. 104-294, 110 Stat. 3488 (1996), a value of $500 was chosen to maintain deterfence, simplicity, and uniformity for the Manual's property offenses.". g. The Analysis to paragraph 49(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value).". 231