§4836. Individual equipment: unauthorized disposition
(a) No enlisted member of the Army may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished him by the United States to any person other than a member of the Army, or an officer of the United States, authorized to receive it.
(b) If a member of the Army has disposed of property in violation of subsection (a) and it is in the possession of a person who is neither a member of the Army, nor an officer of the United States, authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found. Possession of such property furnished by the United States to a member of the Army, by a person who is neither a member of the Army nor an officer of the United States, is prima facie evidence that it has been disposed of in violation of subsection (a).
(c) If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, he shall deliver it to a person who is authorized to retain it.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4836(a) | 10:1316 (words before semicolon of 1st sentence). 10:1317 (words before semicolon of 1st sentence). |
R.S. 1242; R.S. 3748. |
| 4836(b) | 10:1316 (less words before semicolon, and less last 16 words, of 1st sentence). | |
| 10:1317 (less words before semicolon of 1st sentence, and less last 16 words of last sentence). | ||
| 4836(c) | 10:1316 (last 16 words of 1st sentence). 10:1317 (last 16 words of last sentence). |
In subsection (a), the word "equipment" is substituted for the words "military outfits, and accouterments", in 10:1316 and 1317. The word "exchanged" is omitted as surplusage. The last 21 words are inserted to reflect various provisions authorizing transfer of the numerated items of property.
In subsections (a) and (b), the words "enlisted member" and "member" are substituted for the word "soldier", in 10:1316 and 1317.
In subsection (b), the first 15 words of the first sentence are inserted for clarity. The words "authorized to receive it" are substituted for the words "duly authorized", in 10:1316. The words "such property furnished by the United States" are substituted for the words "any such clothes, arms, military outfits, or accouterments", in 10:1316.
In subsection (c), the first 19 words are inserted for clarity. The words "person who is authorized to retain it" are substituted for the words "quartermaster [,], or other officers authorized to receive the same", in 10:1316 and 1317.
Cross References
Federal offenses-
Embezzlement and theft of public property, see section 641 of Title 18, Crimes and Criminal Procedure.
Malicious mischief, government property, see section 1361 of Title 18.
Purchase or receipt of military property, see section 1024 of Title 18.