Art. 121. Larceny and WrongfulAppropriation(a) Any person subject to this chapter whowrongfully takes, obtains, or withholds, by anymeans, from the possession of the owner or ofany other person any money, personal property,or article of value of any kind—(1) with intent permanently to depriveor defraud another person of the use andbenefit of property or to appropriate it to hisown use or the use of any person other than theowner, steals that property and is guilty oflarceny; or(2) with intent temporarily to depriveor defraud another person of the use andbenefit of property or to appropriate to his ownuse or the use of any person other than theowner, is guilty of wrongful appropriation.(b) Any person found guilty of larceny orwrongful appropriate shall be punished as acourt-martial may direct.Art. 122. RobberyAny person subject to this chapter whowith intent to steal takes anything of value fromthe person or in the presence of another, againsthis will, by means of force or violence or fear ofimmediate or future injury to his person orproperty or to the person or property of arelative or member of his family or of anyone inhis company at the time of the robbery, is guiltyof robbery and shall be punished as acourt-martial may direct.Art. 123. ForgeryAny 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, ifgenuine, apparently impose a legal liability onanother or change his legal right or liability tohis prejudice; or(2) utters, offers, issues, or transfers sucha writing, known by him to be so made oraltered;is guilty of forgery and shall be punished as acourt-martial may direct.A forgery may be committed by a person signinghis/her own name to an instrument. For example,presume a check payable to the order of a certain personcomes into the hands of another person of the samename. The receiver commits forgery if, knowing thecheck to be another person’s, he/she endorses it withhis/her own name with the intent to defraud.Some of the instruments most frequently subject toforgery are checks, orders for delivery of money orgoods, military orders directing travel, and receipts. Awriting may be falsely “made” by materially altering anexisting writing; by filling in or signing the blanks in apaper, such as a blank check; or by signing aninstrument already written.Art. 123a. Making, Drawing, or UtteringCheck, Draft, or Order Without SufficientFundsAny person subject to this chapter who—(1) for the procurement of any article orthing of value, with intent to defraud; or(2) for the payment of any past dueobligation, or for any other purpose, with intentto deceive;makes, draws, utters, or delivers any check,draft, or order for the payment of money uponany bank or other depository, knowing at thetime that the maker or drawer has not or will nothave sufficient funds in, or credit with, the bankor other depository for the payment of thatcheck, draft, or order in full presentment, shallbe punished as a court-martial may direct….This article provides specific statutory authority forthe prosecution of bad-check offenses. In the absence ofevidence indicating otherwise, bad faith might beshown by the maker’s or drawer’s failure to effectredemption within the 5-day period provided for in thearticle. The offense of wrongfully and dishonorably2-32Student Notes:
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