- the elements of Article 123a, UCMJ, include knowledge by the accused that the accused did not have sufficient funds at the time of writing the check and that the act was committed with the intent to defraud; the actions of the payee have no impact where an offense requires the payor to act with a specific intent to defraud, as does Article 123a, UCMJ; unlike an Article 134, UCMJ, offense, an Article 123a, UCMJ, offense is complete once the check is proffered and before the payor acts or the payee uses the money
- the gambler’s defense does not extend to Article 123a, UCMJ
CAAF Opinion Digest · III.A.49 · Crimes Pre-2019 offenses
Article 123a - Making, Drawing, or Uttering Check, Draft, or Order without Sufficient Funds
Offenses committed before 1 January 2019 (pre-2016 amendment) — opinions from the 1999 through 2020 Terms of Court.
1 digested opinion, 2008–2008 Terms
2008 (Transition Term)
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA49 · Always confirm a holding against the opinion itself (linked from each case name).