Summary of changes
Article 134 — Check, worthless making and uttering – by dishonorably failing to maintain funds
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
10 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
94.a.
unchanged
Original text
Text of statute.
See paragraph 91.
Current text
Text of statute.
See paragraph 91.
94.b.
unchanged
Original text
Elements.
Current text
Elements.
94.b.(1)
unchanged
Original text
That the accused made and uttered a certain check;
Current text
That the accused made and uttered a certain check;
94.b.(2)
unchanged
Original text
That the check was made and uttered for the purchase of a certain thing, in payment of a debt, or for a certain purpose;
Current text
That the check was made and uttered for the purchase of a certain thing, in payment of a debt, or for a certain purpose;
94.b.(3)
unchanged
Original text
That the accused subsequently failed to place or maintain sufficient funds in or credit with the drawee bank for payment of the check in full upon its presentment for payment;
Current text
That the accused subsequently failed to place or maintain sufficient funds in or credit with the drawee bank for payment of the check in full upon its presentment for payment;
94.b.(4)
unchanged
Original text
That this failure was dishonorable; and
Current text
That this failure was dishonorable; and
94.b.(5)
unchanged
Original text
That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
Current text
That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
94.c.
unchanged
Original text
Explanation.
This offense differs from an Article 123a offense (paragraph 70) in that there need be no intent to defraud or deceive at the time of making, drawing, uttering, or delivery, and that the accused need not know at that time that the accused did not or would not have sufficient funds for payment. The gist of the offense lies in the conduct of the accused after uttering the instrument. Mere negligence in maintaining one’s bank balance is insufficient for this offense, for the accused’s conduct must reflect bad faith or gross indifference in this regard. As in the offense of dishonorable failure to pay debts (see paragraph 96), dishonorable conduct of the accused is necessary, and the other principles discussed in paragraph 96 also apply here.
Current text
Explanation.
This offense differs from an Article 123a offense (paragraph 70) in that there need be no intent to defraud or deceive at the time of making, drawing, uttering, or delivery, and that the accused need not know at that time that the accused did not or would not have sufficient funds for payment. The gist of the offense lies in the conduct of the accused after uttering the instrument. Mere negligence in maintaining one’s bank balance is insufficient for this offense, for the accused’s conduct must reflect bad faith or gross indifference in this regard. As in the offense of dishonorable failure to pay debts (see paragraph 96), dishonorable conduct of the accused is necessary, and the other principles discussed in paragraph 96 also apply here.
94.d.
unchanged
Original text
Maximum punishment.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Current text
Maximum punishment.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
94.e.
unchanged
Original text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, make and utter to __________ a certain check, in words and figures as follows, to wit: __________, (for the purchase of __________) (in payment of a debt) (for the purpose of __________), and did thereafter dishonorably fail to (place) (maintain) sufficient funds in the __________ Bank for payment of such check in full upon its presentment for payment, and that said conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces).
Current text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, make and utter to __________ a certain check, in words and figures as follows, to wit: __________, (for the purchase of __________) (in payment of a debt) (for the purpose of __________), and did thereafter dishonorably fail to (place) (maintain) sufficient funds in the __________ Bank for payment of such check in full upon its presentment for payment, and that said conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces).
“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.