Page 568 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10271

(c) Of any motor vehicle, aircraji, vessel, firearm, explosive, or military property of a
value ofmore than $1,000. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 2 years.
e. ,._~'ample specifications.
(1) Larceny.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about 20_, steal ______ _
(military property), of a value of(about) the property of _____ _
(2) Wrongful appropriation.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20_, wrongfully appropriate
______ ,of a value of(about) the property of _____ _

65. Article 121 a ( 10 LJ.S.C. 921 a)--Fraudulent use of credit cards, debit cards, and other
access devices
a. Text qfstatute.
(a) IN GENERAL.-Any person subject to this chapter who, knowingly and with
intent to defraud, uses-
( 1) a stolen credit card, debit card, or other access device;
(2) a revoked, cancelled, or otherwise invalid credit card, debit
card, or other access device; or
(3) 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.
(b) AccEss DEVICE DEFINED.-In this section (article), the term "access device" has
the meaning given that term in section 1029 of title 18.
b. b'lements.
(1) That the accused knowingly used a stolen credit card, debit card, or other access device; or
(2) That the accused knowingly used a revoked, cancelled, or otherwise invalid credit card,
debit card; or
(3) 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;
(4) That the use was to obtain money, property, services, or anything else of value; and
(5) The use by the accused was with the intent to defraud.
c. Explanation.
(1) In general. This offense focuses on the intent of the accused and the technology used by
the accused.
(2) Intent to defraud See subparagraph 70.c.(l4).
(3) Inference of intent. An intent to defraud may be proved by circumstantial evidence.
( 4) Use of a credit card, debit card, or other access device without the authorization of a
person ·whose authorization was requiredfor 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.
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00385 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.387</GPH>
d. Maximum punishment.

366