Summary of changes
Article 121a — Fraudulent use of credit cards, debit cards, and other access devices
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
21 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
65.a.
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Original text
Text of statute.
Current text
Text of statute.
65.a.(a)
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IN GENERAL.—Any person subject to this chapter who, knowingly and with intent to defraud, uses—
Current text
IN GENERAL.—Any person subject to this chapter who, knowingly and with intent to defraud, uses—
65.a.(a)(1)
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a stolen credit card, debit card, or other access device;
Current text
a stolen credit card, debit card, or other access device;
65.a.(a)(2)
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a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or
Current text
a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or
65.a.(a)(3)
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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.
Current text
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.
65.a.(b)
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ACCESS DEVICE DEFINED.—In this section (article), the term “access device” has the meaning given that term in section 1029 of title 18.
Current text
ACCESS DEVICE DEFINED.—In this section (article), the term “access device” has the meaning given that term in section 1029 of title 18.
65.b.
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Elements.
Current text
Elements.
65.b.(1)
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That the accused knowingly used a stolen credit card, debit card, or other access device; or
Current text
That the accused knowingly used a stolen credit card, debit card, or other access device; or
65.b.(2)
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That the accused knowingly used a revoked, cancelled, or otherwise invalid credit card, debit card; or
Current text
That the accused knowingly used a revoked, cancelled, or otherwise invalid credit card, debit card; or
65.b.(3)
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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;
Current text
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;
65.b.(4)
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That the use was to obtain money, property, services, or anything else of value; and
Current text
That the use was to obtain money, property, services, or anything else of value; and
65.b.(5)
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The use by the accused was with the intent to defraud.
Current text
The use by the accused was with the intent to defraud.
65.c.
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Explanation.
Current text
Explanation.
65.c.(1)
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In general.
This offense focuses on the intent of the accused and the technology used by the accused.
Current text
In general.
This offense focuses on the intent of the accused and the technology used by the accused.
65.c.(2)
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Intent to defraud.
See subparagraph 70.c.(14).
Current text
Intent to defraud.
See subparagraph 70.c.(14).
65.c.(3)
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Inference of intent.
An intent to defraud may be proved by circumstantial evidence.
Current text
Inference of intent.
An intent to defraud may be proved by circumstantial evidence.
65.c.(4)
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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.
Current text
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.
65.d.
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Maximum punishment.
Current text
Maximum punishment.
65.d.(1)
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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.
Current text
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.
65.d.(2)
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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.
Current text
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.
65.e.
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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 $_______).
Current text
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 $_______).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.