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. § 923a

Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds

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Any person subject to this chapter who—(1) for the procurement of any article or thing of value, with intent to defraud; or(2) for the payment of any past due obligation, or for any other purpose, 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.(Added Pub. L. 87–385, § 1(1), Oct. 4, 1961, 75 Stat. 814.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 87–385, § 2, Oct. 4, 1961, 75 Stat. 814, provided that: “This Act [enacting this section] becomes effective on the first day of the fifth month following the month in which it is enacted [October 1961].”

Notes of Decisions
Cited in 141 cases (1 in the last 5 years), 1963–2022 · leading case: United States v. Harris, 61 M.J. 391 (C.A.A.F. 2005).
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United States v. Harris, 61 M.J. 391 (C.A.A.F. 2005). · cites it 2× “In accordance with his pleas, he was convicted of three specifications of writing bad checks with the intent to defraud in violation of Article 123a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 923a (2000). Contrary to his pleas, he was convicted of unauthorized absence…”
United States v. Rodriguez, 66 M.J. 201 (C.A.A.F. 2008). · cites it 2× “The Government is obviously aware of the “divers occasions” it intends to prove at trial and should be required to list all of the alleged occasions of wrongful use in the context of one specification, as is commonly done with bad checks under Article 123a, UCMJ, 10 U.S.C. §…”
United States v. Weeks, 71 M.J. 44 (C.A.A.F. 2012). “(2) to interpret Article 123a, UCMJ, 10 U.S.C. § 923a). Whether something is a “false instrument” at common law, and therefore under the UCMJ, depends on whether the falsity lies in the representation of the facts or in the genuineness of the execution.”
United States v. Williams, 53 M.J. 293 (C.A.A.F. 2000). · cites it 2× “In accordance with his pleas, he was found guilty of 2 specifications of making and uttering bad checks, in violation of Article 123a, Uniform Code of Military Justice, 10 USC § 923a, and obtaining services under false pretenses, in violation of Article 134, UCMJ, 10 USC § 934 .”
United States v. Falcon, 65 M.J. 386 (C.A.A.F. 2008). · cites it 2× “§ 934 (2000), and three specifications of making and uttering cheeks without sufficient funds, in violation of Article 123a, UCMJ, 10 U.S.C. § 923a (2000). On appeal to the United States Navy-Marine Corps Court of Criminal Appeals, Falcon argued that the military judge erred in…”
United States v. Poole, 24 M.J. 539 (1987). · cites it 2× “Pursuant to his pleas, he was found guilty of wrongfully uttering checks with intent to defraud 2 and, contrary to his pleas, he was found guilty of larceny of blank checks, in violation of Articles 123a and *541 121, Uniform Code of Military Justice, 10 U.S.C. §§ 923a and 921…”
United States v. McCullah, 11 M.J. 234 (1981). “A charge was preferred under Article 123a of the Uniform Code of Military Justice, 10 U.S.C. § 923a, with respect to each of these cheeks.”
United States v. Mendoza, 67 M.J. 53 (C.A.A.F. 2008). “Article 123a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 923a (2000). The military judge sentenced Appellant to a bad-conduct discharge, confinement for ninety days, and reduction to the lowest *54 enlisted grade.”
United States v. Dababneh, 28 M.J. 929 (1989). · cites it 2× “00, in violation of Article 123a, UCMJ, 10 U.S.C. § 923a. A ninth specification involving a $50.”
United States v. Poole, 26 M.J. 272 (1988). “He was charged with unlawfully making and uttering checks with the intent to defraud, and larceny, in violation of Articles 123a and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 923a and 921, respectively. In accordance with a pretrial agreement, appellant entered pleas…”
United States v. Mervine, 26 M.J. 482 (1988). “We note that since 1962, the President, for purposes of Article 123a, Uniform Code of Military Justice, 10 USC § 923a, has described “[ajrticle or thing of value” to include "rights which are intangible.”
United States v. Moseley, 35 M.J. 481 (1992). “At a special court-martial, appellant was charged with 24 specifications of making and uttering checks with intent to defraud and with knowledge that sufficient funds were not and would not be on deposit, in violation of Article 123a, Uniform Code of Military Justice, 10 USC §…”
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