Art. 121. Larceny and Wrongful
Appropriation
(a) Any person subject to this chapter who
wrongfully takes, obtains, or withholds, by any
means, from the possession of the owner or of
any other person any money, personal property,
or article of value of any kind
(1) with intent permanently to deprive
or defraud another person of the use and
benefit of property or to appropriate it to his
own use or the use of any person other than the
owner, steals that property and is guilty of
larceny; or
(2) with intent temporarily to deprive
or defraud another person of the use and
benefit of property or to appropriate to his own
use or the use of any person other than the
owner, is guilty of wrongful appropriation.
(b)
Any person found guilty of larceny or
wrongful appropriate shall be punished as a
court-martial may direct.
Art. 122. Robbery
Any person subject to this chapter who
with intent to steal takes anything of value from
the person or in the presence of another, against
his will, by means of force or violence or fear of
immediate or future injury to his person or
property or to the person or property of a
relative or member of his family or of anyone in
his company at the time of the robbery, is guilty
of robbery and shall be punished as a
court-martial may direct.
Art. 123. Forgery
Any person subject to this chapter who,
with intent to defraud
(1) falsely makes or alters any signature,
to, or any part of, any writing which would, if
genuine, apparently impose a legal liability on
another or change his legal right or liability to
his prejudice; or
(2) utters, offers, issues, or transfers such
a writing, known by him to be so made or
altered;
is guilty of forgery and shall be punished as a
court-martial may direct.
A forgery may be committed by a person signing
his/her own name to an instrument. For example,
presume a check payable to the order of a certain person
comes into the hands of another person of the same
name. The receiver commits forgery if, knowing the
check to be another persons, he/she endorses it with
his/her own name with the intent to defraud.
Some of the instruments most frequently subject to
forgery are checks, orders for delivery of money or
goods, military orders directing travel, and receipts. A
writing may be falsely made by materially altering an
existing writing; by filling in or signing the blanks in a
paper, such as a blank check; or by signing an
instrument already written.
Art. 123a. Making, Drawing, or Uttering
Check, Draft, or Order Without Sufficient
Funds
Any person subject to this chapter who
(1) for the procurement of any article or
thing of value, with intent to defraud; or
(2) for the payment of any past due
obligation, or for any other purpose, with intent
to deceive;
makes, draws, utters, or delivers any check,
draft, or order for the payment of money upon
any bank or other depository, knowing at the
time that the maker or drawer has not or will not
have sufficient funds in, or credit with, the bank
or other depository for the payment of that
check, draft, or order in full presentment, shall
be punished as a court-martial may direct
.
This article provides specific statutory authority for
the prosecution of bad-check offenses. In the absence of
evidence indicating otherwise, bad faith might be
shown by the makers or drawers failure to effect
redemption within the 5-day period provided for in the
article. The offense of wrongfully and dishonorably
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