UCMJ Article 127 Extortion vs Article 121 Larceny: Taking Through Threats vs Taking Through Stealth
On this page: 5 sections
Extortion under Article 127 does not require taking anything. It is complete when a threat is communicated with the intent to obtain something of value or an acquittance, advantage, or immunity; “The actual or probable success of the extortion need not be proved” (MCM, Part IV, ¶ 76.c(1)). Larceny under Article 121 requires that property actually be taken, obtained, or withheld, with intent to steal. It does not require stealth either: obtaining property by false pretense and withholding property already held are larceny too (¶ 64.c(1)(a)).
Extortion is defined by the threat; larceny by what happens to the property.
Article 127
Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 927 (Article 127).
The elements are that the accused communicated a threat to another, and intended to unlawfully obtain something of value, or any acquittance, advantage, or immunity (¶ 76.b). The Manual explains (¶ 76.c):
- Kinds of threats. A threat may be to do unlawful injury to the person or property of the person threatened, or of a family member or anyone held dear; to accuse any of them of a crime; to expose or impute a deformity or disgrace; to expose a secret; or “to do any other harm.”
- Delivery. A threat “may be communicated by any means but must be received by the intended victim.”
- What may be sought. Beyond anything of value, the statute covers an “acquittance,” defined as “a release or discharge from an obligation,” and any “advantage, or immunity.”
- A limit. “An intent to make a person do an act against that person’s will is not, by itself, sufficient to constitute extortion.” The intent must be to obtain something the statute names.
A threat to report a real crime or reveal a true secret can still be extortion when it is used to obtain something of value or an advantage; the Manual’s list of threats includes accusing someone of “any crime” and exposing “any secret,” without requiring that the accusation be false.
Larceny, in brief
Larceny requires a wrongful taking, obtaining, or withholding of property from the possession of another, some value, and intent to permanently deprive, defraud, or appropriate (10 U.S.C. § 921(a)(1); MCM, Part IV, ¶ 64.b(1)). Obtaining by false pretense is one form, and no physical carrying away is required (¶ 64.c(1)(a)-(b)).
When property is taken from a person or in the person’s presence by force or by putting the person in fear of injury, the conduct is robbery under Article 122.
How the facts sort
| Extortion (Article 127) | Larceny (Article 121) | |
|---|---|---|
| Core act | Communicating a threat | Taking, obtaining, or withholding property |
| Must anything be obtained | No | Yes |
| What the offense reaches | Anything of value, or an acquittance, advantage, or immunity | Money, personal property, or an article of value |
| Victim's knowledge | The threat must be received by the intended victim | Not required; stealth is possible |
| Maximum | 3 years | 1 to 10 years by value and type of property |
For example, a service member who texts a coworker, “Pay me $500 or I’ll tell your spouse about the affair,” commits extortion when the coworker receives the message, whether or not any money is paid. If the coworker pays, the money was obtained through the threat, and that obtaining can also be analyzed under Article 121. A demand that the coworker cancel a $300 debt the service member owes also qualifies: a release from an obligation is an “acquittance,” which the statute names. A demand that the coworker simply apologize publicly, with nothing of value, no acquittance, and no advantage or immunity sought, runs into the Manual’s statement that forcing an act against someone’s will is not enough by itself. What a particular demand sought is read from its words and context, and an advantage or immunity sought should be described in the specification (¶ 76.c(4)).
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 76.d and ¶ 64.d) |
|---|---|
| Extortion | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
| Larceny, $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Larceny of other than military property, more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Larceny of military property, more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
Larceny of any motor vehicle, aircraft, vessel, firearm, or explosive carries the higher larceny maximums regardless of value (¶ 64.d). Where every finding of guilty is for an offense committed after December 27, 2023, the military judge sets the sentence in a general or special court-martial, except in a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 927, extortion (Article 127)
- 10 U.S.C. § 921, larceny and wrongful appropriation (Article 121)
- 10 U.S.C. § 922, robbery (Article 122)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 64 and ¶ 76.
General information on Articles 127 and 121; no message, demand, or transaction is assessed. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.