Article 121a — Fraudulent use of credit cards, debit cards, and other access devices

Part IV · Punitive Articles

Article 121a. Fraudulent use of credit cards, debit cards, and other access devices · MCM ¶ 65

2024 Manual for Courts-Martial, United States

See all changes

(a) Text of statute.

(a) IN GENERAL.—Any person subject to this chapter who, knowingly and with intent to defraud, uses—

(1) a stolen credit card, debit card, or other access device;

(2) a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or

(3) a credit card, debit card, or other access device without the authorization of a person whose authorization is required for such use; to obtain money, property, services, or anything else of value shall be punished as a court-martial may direct.

(b) ACCESS DEVICE DEFINED.—In this section (article), the term “access device” has the meaning given that term in section 1029 of title 18.

(b) Elements.

(1) That the accused knowingly used a stolen credit card, debit card, or other access device; or

(2) That the accused knowingly used a revoked, cancelled, or otherwise invalid credit card, debit card; or

(3) That the accused knowingly used a credit card, debit card, or other access device without the authorization of a person whose authorization was required for such use;

(4) That the use was to obtain money, property, services, or anything else of value; and

(5) The use by the accused was with the intent to defraud.

(1) In general. This offense focuses on the intent of the accused and the technology used by the accused.

(2) Intent to defraud. See subparagraph 70.c.(14).

(3) Inference of intent. An intent to defraud may be proved by circumstantial evidence.

(4) Use of a credit card, debit card, or other access device without the authorization of a person whose authorization was required for such use. This provision applies to situations where an accused has no authorization to use the access device from a person whose authorization is required for such use, as well as situations where an accused exceeds the authorization of a person whose authorization is required for such use.

(d) Maximum punishment.

(1) Fraudulent use of a credit card, debit card, or other access device to obtain property of a value of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 10 years.

(2) Fraudulent use during any 1-year period of a credit card, debit card, or other access device to obtain property the aggregate value of which is more than $1,000. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject matter jurisdiction data, if required), on or about _____ 20 __, knowingly and with the intent to defraud, use a (debit card) (credit card) (access device, to wit:________) (that was stolen) (that was revoked, cancelled, or otherwise invalid) (without the authorization of __________, a person whose authorization was required for such use), to obtain (money) (property) (services) (_______) (of a value of about $_______).

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

3a-65-1 · FRAUDULENT USE OF CREDIT CARD, DEBIT CARD OR OTHER ACCESS DEVICE

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

(1) $1,000 or less: BCD, TF, 10 years, E-1. (Category 1)

(2) During any 1year period where aggregate value is more than $1,000: DD, TF, 15 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, knowingly and with the intent to defraud, use a (debit card) (credit card) (access device, to wit: _________) (that was stolen) (that was revoked, canceled, or otherwise invalid) (without the authorization of __________, a person whose authorization was required for such use), to obtain (money) (property) (services) (_____) (of a value of about $__________).

Elements

(1) That (state the time and place alleged), the accused knowingly used a [stolen (credit card) (debit card) (access device, to wit: ________)] [revoked, cancelled, or otherwise invalid (credit card) (debit card) (access device, to wit: __________)] [(credit card) (debit card) (access device, to wit: ________) without the authorization of a person whose authorization was required for such use];

(2) That by such use, the accused obtained (money) (property) (services) (________), (of some value) (of a value of ________) (of an aggregate value for any one-year period of more than $1000); and

(3) That such use by the accused was with the intent to defraud.

Definitions & other instructions

“Intent to defraud” means an intent to obtain, through a misrepresentation, an article or thing of value and to apply it to one’s own use and benefit or to the use and benefit of another, either temporarily or permanently.

An intent to defraud may be proved by circumstantial evidence.

An act is done “knowingly” when it is done intentionally and on purpose. An act done as the result of a mistake or accident is not done “knowingly.”

(“Access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument)).

(The use of a (credit card) (debit card) (access device) “without the authorization of a person whose authorization was required for such use” includes situations where an accused has no authorization to use the (credit card) (debit card) (access device) from a person whose authorization is required for such use, as well as situations where an accused exceeds the authorization of a person whose authorization is required for such use.)

NOTE 2. Defining “stolen.” If necessary, the judge may instruct the members on the meaning of “stolen” by tailoring an instruction using definitions provided in Instruction 3a-45-1, Larceny.

NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), normally applies. Instruction 7-16, Variance - Value, Damage, and Amount, may apply. Instruction 7-15, Variance, may apply.

Source: Instruction 3a-65-1 · view original on jagcnet.army.mil