U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 923

Art. 123. Offenses concerning Government computers

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(a)In General.—Any person subject to this chapter who—(1) knowingly accesses a Government computer, with an unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used to the injury of the United States, or to the advantage of any foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it;(2) intentionally accesses a Government computer, with an unauthorized purpose, and thereby obtains classified or other protected information from any Government computer; or(3) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer;shall be punished as a court-martial may direct.(b)Definitions.—In this section:(1) The term “computer” has the meaning given that term in section 1030 of title 18.(2) The term “Government computer” means a computer owned or operated by or on behalf of the United States Government.(3) The term “damage” has the meaning given that term in section 1030 of title 18.(Added Pub. L. 114–328, div. E, title LX, § 5436, Dec. 23, 2016, 130 Stat. 2952.)Editorial NotesPrior Provisions

A prior section 923 was renumbered section 905 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 146 cases (3 in the last 5 years), 1957–2022 · leading case: United States v. Pauling, 60 M.J. 91 (C.A.A.F. 2004).
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United States v. Pauling, 60 M.J. 91 (C.A.A.F. 2004). · cites it 2× “Forging a drawer’s signature on a check violates Article 123, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 923 (2000). Forging an indorser’s signature on a check also violates Article 123.”
United States v. Timberlake, 18 M.J. 371 (1984). · cites it 4× “Pursuant to his pleas, he was found guilty, inter alia, 1 of forgery, in violation of Article 123(2), Uniform Code of Military Justice, 10 U.S.C. § 923 (2), 2 and conduct unbecoming an officer, in violation of Article 133, UCMJ, 10 U.”
Royal Truck & Trailer Sales v. Mike Kraft, 974 F.3d 756 (6th Cir. 2020). “, 10 U.S.C. § 923 (a)(1) (punishing members of the armed forces who access a government computer “with an unauthorized purpose” and obtain classified information).”
United States v. Faircloth, 45 M.J. 172 (C.A.A.F. 1996). “Opinion of the Court GIERKE, Judge: A military judge sitting alone as a special court-martial at Shaw Air Force Base, South Carolina, convicted Airman Faircloth, in accordance with his pleas, of forgery, larceny, failure to obey a lawful order, and drunk driving, in violation of…”
United States v. Uhlman, 1 M.J. 419 (1976). · cites it 2× “Compare Article 123(1), Uniform Code of Military Justice, 10 U.S.C. § 923 , with Article 123(2), UCMJ.”
United States v. Morita, 74 M.J. 116 (C.A.A.F. 2015). “CHARGES AND SENTENCE Appellee was charged and convicted by a panel of officer members of seven specifications of forgery, one specification of larceny of government money, and one specification of forgery of signatures in connection with claims, in violation of Articles 123,…”
United States v. Morita, 73 M.J. 548 (A.F.C.C.A. 2014). “OPINION OF THE COURT WEBER, Judge: A panel of officer members convicted the appellant contrary to his pleas at a general court-martial of seven specifications of forgery, one specification of larceny of Government money, and one specification of forgery of signatures in…”
United States v. Heard, 3 M.J. 14 (1977). “Opinion of the Court PERRY, Judge: The appellant was convicted of 12 specifications of forgery and 1 specification of wrongful appropriation, in violation of Articles 123 and 121, respectively, Uniform Code of Military Justice, 10 U.S.C. §§ 923 and 921. He was sentenced to a…”
United States v. Davis, 12 C.M.A. 576 (1961). · cites it 2× “Ill One of the offenses of which the accused stands convicted is uttering a forged instrument, in violation of Article 123, Uniform Code of Military Justice, 10 USC § 923 . In another assignment he contends the evidence is insufficient to show an intent to defraud.”
Williams v. United States, 71 Fed. Cl. 194 (Fed. Cl. 2006). “123, 10 U.S.C. § 923 ). Def.'s Judgment Mot.App.”
United States v. Johanns, 17 M.J. 862 (1983). “, Article 123, 10 U.S.C. § 923 ; (8) fraudulent enlistment, see Navy Courts and Boards, section 103, and U.”
United States v. Farley, 11 C.M.A. 730 (1960). · cites it 2× “Quinn, Chief Judge: A general court-martial convicted the accused of two charges of forgery (Charge I, specifications 1 and 2) and of accepting remuneration to facilitate commercial transactions with members of the Air Force contrary to an Air Force regulation (Charge III), in…”
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