§ Article 121a : Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices

Article 121a of the UCMJ (10 U.S.C. § 921a) punishes knowingly and with intent to defraud using a stolen, revoked, cancelled, or otherwise invalid credit card, debit card, or other access device, or using one without the required authorization, to obtain money, property, services, or anything else of value.

Who It Applies To

Any person subject to the UCMJ who, knowingly and with intent to defraud, uses a stolen credit card, debit card, or other access device; a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or a credit card, debit card, or other access device without the authorization of a person whose authorization is required, to obtain money, property, services, or anything else of value.

What It Covers

1. The accused knowingly used a stolen credit card, debit card, or other access device; a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or a credit card, debit card, or other access device without the authorization of a person whose authorization was required.
2. The use was to obtain money, property, services, or anything else of value.
3. The use was with intent to defraud.

Key rules

• Access device has the meaning given in 18 U.S.C. § 1029.
• Intent to defraud may be proved by circumstantial evidence.
• Use “without authorization” covers both having no authorization and exceeding the authorization given by a person whose authorization is required.

Maximum Punishment

Maximum authorized punishment.

• To obtain property of a value of $1,000 or less: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 10 years.
• During any 1-year period, to obtain property with an aggregate value of more than $1,000: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

Sentencing parameters. $1,000 or less, Category 1 (0–12 months). More than $1,000 in aggregate during a 1-year period, Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 121a addresses the fraudulent use of a card or other access device. Article 121 addresses larceny generally, Article 121b obtaining services by false pretenses, and Article 123a checks, drafts, and orders written without sufficient funds.

What the Provision Does

Article 121a covers the fraudulent use of a credit card, debit card, or other access device that is stolen, revoked, cancelled, or otherwise invalid, or that is used without the required authorization. The maximum confinement increases from 10 to 15 years when the value obtained exceeds $1,000 in a 1-year period.

History

Article 121a was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5432), effective January 1, 2019. According to the Manual’s analysis, it addresses misconduct that was previously charged as an obtaining-type larceny under Article 121, and it is similar to 18 U.S.C. § 1029.

Sources

• 10 U.S.C. § 921a (Article 121a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 65
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• 18 U.S.C. § 1029 (definition of access device)
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)