Art. 121 Larceny and Wrongful Appropriation

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 person’s, 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 maker’s or drawer’s failure to effect redemption within the 5-day period provided for in the 2-31 Student Notes: