§ Article 121b : False Pretenses to Obtain Services

Article 121b of the UCMJ (10 U.S.C. § 921b) punishes knowingly using false pretenses to obtain services, done with intent to defraud.

Who It Applies To

Any person subject to the UCMJ who, with intent to defraud, knowingly uses false pretenses to obtain services.

What It Covers

1. The accused wrongfully obtained certain services.
2. The obtaining was done by using false pretenses.
3. The accused then knew the pretenses were false.
4. The obtaining was with intent to defraud.
5. The services were of a certain value, or of some value.

This offense parallels larceny and wrongful appropriation by false pretenses under Article 121, except that the object obtained is services (for example, telephone service) rather than money or property. “Intent to defraud” means an intent to obtain, through a misrepresentation, an article or thing of value and apply it to one’s own use or another’s, permanently or temporarily.

Maximum Punishment

Maximum authorized punishment.

• $1,000 or less: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• More than $1,000: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. $1,000 or less, Category 1 (0–12 months). More than $1,000, 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

Services cannot be charged as larceny under Article 121; Article 121b covers them instead. Fraudulent use of a credit card, debit card, or other access device is addressed by Article 121a.

What the Provision Does

Under the Manual, Article 121b is similar to larceny and wrongful appropriation by false pretenses, except that what is obtained is services rather than money, personal property, or other articles of value. The maximum confinement is 1 year, or 5 years when the value of the services exceeds $1,000.

History

Article 121b was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5433), effective January 1, 2019. Before then, obtaining services under false pretenses was charged as an enumerated offense under Article 134 (paragraph 78 of the 2016 edition of the Manual).

Sources

• 10 U.S.C. § 921b (Article 121b, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 66
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)