Page 574 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10277

(delivered) (transmitted) (caused to be communicated/delivered/transmitted) such information to
,
___ a person not entitled to receive it.
(2) Accessing a computer and obtaining information.
In that (personal jurisdiction data), did (at/on board-location),
(subject-matter jurisdiction data, if required), (on or about __ 20 _) (from about __ to
about __ 20 _), intentionally access a government computer with an unauthorized purpose
and thereby knowingly obtained (classified) (protected) information, to wit: from such
government computer.
(3) Causing damage by computer contaminant.
In that (personal jurisdiction data), did (at/on board-location),
(subject-matter jmisdiction data, ifrequired), (on or about __ 20 _)(from about __ to
about 20 _),knowingly cause the transmission of a program, information, code, or
command, and as a result, intentionally and without authorization caused damage to a
government computer.

70. Article 123a (10 U.S.C. 923a)--.Making, drawing, or uttering check, draft, or order
without sufficient funds
a. Text o.fstatute.
Any person subject to this chapter who--
(1) fot· the procurement of any article or thing of value, with intent to
defraud; or
(2) fot· the payment of any past due obligation, or for any other pm·pose, 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 upon its presentment, shall be punished as a court-martial
may direct. The making, drawing, uttering, or delivering by a maker or drawer of a check,
draft, or order, payment of which is refused by the drawee because of insufficient funds of
the maker or drawer in the drawee's possession or control, is prima facie evidence of his
intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with,
that bank or other depository, unless the maker or drawer pays the holder the amount due
within five days after receiving notice, orally or in writing, that the check, draft, or order
was not paid on presentment. In this section, the word "credit" means an arrangement or
understanding, express or implied, with the bank or other depository for the payment of
that check, draft, or order.
b. Elements.
(1) For the procurement ofany article or thing of value, with intent to defraud.
(a) That the accused made, drew, uttered, or delivered a check, draft, or order for the
payment of money payable to a named person or organization;
(b) That the accused did so for the purpose of procuring an article or thing of value;
(c) That the act was committed with intent to defraud; and
(d) That at the time of making, drawing, uttering, or delivery of the instrument the accused
knew that the accused or the maker or drawer had not or would not have sufficient funds in, or
credit with, the bank or other depository for the payment thereof upon presentment.
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