Part IV · Punitive Articles

Article 121b. False pretenses to obtain services · MCM ¶ 66

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter who, with intent to defraud, knowingly uses false pretenses to obtain services shall be punished as a court-martial may direct.
(b) Elements.
(1) That the accused wrongfully obtained certain services;
(2) That the obtaining was done by using false pretenses;
(3) That the accused then knew of the falsity of the pretenses;
(4) That the obtaining was with intent to defraud; and
(5) That the services were of a certain value, or of some value.
(c) Explanation. This offense is similar to the offenses of larceny and wrongful appropriation by false pretenses, except that the object of the obtaining is services (for example, telephone service) rather than money, personal property, or articles of value of any kind as under Article 121. See paragraph 64.c. See paragraph 70.c.(14) for a definition of intent to defraud.
(d) Maximum punishment. Obtaining services under false pretenses.
(1) Of a value of $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(2) Of a value of more than $1,000. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, with intent to defraud, falsely pretend to __________ that __________, then knowing that the pretenses were false, and by means thereof did wrongfully obtain from__________ services, of a value of (about) $__________, to wit: __________.
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-66-1FALSE PRETENSES TO OBTAIN SERVICES
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, 1 year, E-1. (Category 1)

(2) Over $1,000: DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, with intent to defraud, falsely pretend to __________ that __________, then knowing that the pretenses were false, and by means thereof did wrongfully obtain from __________ services, of a value of (about) $__________, to wit: __________.

Elements

(1) That (state the time and place alleged), the accused wrongfully obtained certain services, to wit: (describe the services alleged) from (state the name of the alleged victim);

(2) That the accused obtained the services by using false pretenses, to wit: (state the alleged false pretense);

(3) That the accused then knew of the falsity of the pretenses;

(4) That the obtaining was with the intent to defraud; and

(5) That the services were of a value of (state the value alleged).

Definitions & other instructions

A “false pretense” is any misrepresentation of a (past) (or) (existing) fact by a person who knows it to be untrue. The misrepresentation must be an effective and intentional factor in obtaining the services. The misrepresentation does not, however, have to be the only cause of the obtaining.

“Intent to defraud” means an intent to obtain, through a misrepresentation, a service 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.

NOTE 2. Similar or related offenses. This offense is similar to the offenses of larceny and wrongful appropriation by false pretenses, except that the object of the obtaining is “services” instead of “money, personal property, or article of value of any kind,” as under Article 121. It provides a charge in those cases where Article 121 is inapplicable only because the object of the obtaining is not money, personal property, or an article of value. It is, therefore, appropriate to refer to Instruction 3a-45-1, Larceny, in tailoring instructions to this offense. For elements tailored to theft of telephone service, see US v. Roane, 43 MJ 93 (CAAF 1995).
NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent and Knowledge), is ordinarily applicable. Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, and Instruction 5-21, Voluntary Intoxication, as bearing on the issues of intent to defraud and knowledge, may be applicable.
Source: Instruction 3a-66-1 · view original on jagcnet.army.mil