Larceny Plus Conspiracy: Courts-Martial Charging Articles 121 and 81

Trends › By Offense › Article 121 › With Article 81

Based on 110 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Conspiracy to Steal

Article 81 makes it a crime to agree with another person to commit an offense and take a step toward it. It was charged with Article 121 (larceny) in 110 courts-martial tried from January 2013 through July 2026.

The comparison group in this post is every Army, Navy, and Marine Corps case charging Article 121. Most findings for this pairing show more severe outcomes than that group. The exception is the full-acquittal rate in contested cases.

Few Contested Cases

A contested case is one where the accused pleads not guilty to at least one charge. The plea is listed in 76 records: 66 were guilty pleas and 10 were contested. The contested share was 13%, compared with 15% for all Article 121 cases.

Of those 10 contested cases, 4 ended in a full acquittal. The full-acquittal rate was 40%, compared with 10% for all Article 121 cases. None ended in a partial acquittal. With only 10 contested cases, a few more verdicts could change that rate by a large amount.

Almost Every Conviction Included Confinement

There were 106 convictions on at least one charge, and 102 of them included confinement (96%). The median confinement was 8 months, compared with 5 months for the comparison group. A quarter of the sentences were 1.4 years or longer.

The largest difference from other larceny cases is in sentences of more than 1 year but under 5 years: 27 convictions (25%), compared with 10%. In all, 30 of 106 convictions (28%) included more than one year, compared with 12%. Only 4 convictions (4%) included no confinement, compared with 17% of Article 121 convictions. Shorter sentences were similar to the comparison group: 41 convictions (39%) were under 6 months, compared with 43%, and 31 (29%) were 6 months to 1 year, compared with 28%.

These are adjudged sentences that cover every charge in the case, imposed before any plea-agreement cap, clemency, or appeal.

Sentences by Court Level

There were 54 general courts-martial and 55 special courts-martial. The court level is not listed for 1 case. The general court-martial share was 50% of the 109 cases with a court level listed, compared with 31% for all Article 121 cases.

At general courts-martial, 98% of convictions included confinement, with a median of 1.3 years. At special courts-martial, 94% did, with a median of 5 months. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Punitive Discharges

A punitive discharge was part of the sentence in 80% of enlisted convictions: 68 bad-conduct and 14 dishonorable. For all Article 121 cases, the share was 64%.

Of 2 convicted officers or warrant officers, 1 was dismissed. Dismissal is the officer form of a punitive discharge. A member without a punitive discharge could still have been separated administratively, which these records do not show.

Most of the Accused Were Junior Enlisted

The accused were 72 junior enlisted members, 34 NCOs, and 2 officers. The records describe this mix as more junior than all Article 121 cases. There were only 2 officers in this pairing.

Other Charges in These Cases

Article 107 (false official statement) and Article 131b (obstruction, numbered since 2019) were each charged in 18 of the 110 cases. Article 92 (orders violation) was charged in 17, and Article 112a (drug) in 15. The adjudged sentences cover all of these charges together.

Years and Installations

Cases were tried in every year of the period. The highest count was 16 in 2018, followed by 11 each in 2017 and 2022. There was 1 case in 2020. The 2026 count of 4 covers part of the year.

Camp Lejeune, North Carolina had 24 cases, the most of any installation. Norfolk, Virginia had 10, San Diego, California and Marine Corps Base Hawaii, Kaneohe Bay had 9 each, and Camp Pendleton, California had 8. These 5 installations account for 55% of the 110 cases. Larger installations try more cases of every kind, so the counts do not show a problem at any base.

What the Records Do Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. It changed panel sizes and plea agreements. Whether it applied depends on the offense date, which these records do not give. The records also do not show the evidence, the terms of plea agreements, or any nonjudicial punishment or administrative separation, and they cannot show why a case ended as it did.

For what the offense covers and how it is defended, see Article 121 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.