NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT:
(1) $1,000 or less: BCD, TF, 10 years, E-1. (Category 1)
(2) During any 1year period where aggregate value is more than $1,000: DD, TF, 15 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, knowingly and with the intent to defraud, use a (debit card) (credit card) (access device, to wit: _________) (that was stolen) (that was revoked, canceled, or otherwise invalid) (without the authorization of __________, a person whose authorization was required for such use), to obtain (money) (property) (services) (_____) (of a value of about $__________).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused knowingly used a [stolen (credit card) (debit card) (access device, to wit: ________)] [revoked, cancelled, or otherwise invalid (credit card) (debit card) (access device, to wit: __________)] [(credit card) (debit card) (access device, to wit: ________) without the authorization of a person whose authorization was required for such use];
(2) That by such use, the accused obtained (money) (property) (services) (________), (of some value) (of a value of ________) (of an aggregate value for any one-year period of more than $1000); and
(3) That such use by the accused was with the intent to defraud.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Intent to defraud” means an intent to obtain, through a misrepresentation, an article or thing of value and to apply it to one’s own use and benefit or to the use and benefit of another, either temporarily or permanently.
An intent to defraud may be proved by circumstantial evidence.
An act is done “knowingly” when it is done intentionally and on purpose. An act done as the result of a mistake or accident is not done “knowingly.”
(“Access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument)).
(The use of a (credit card) (debit card) (access device) “without the authorization of a person whose authorization was required for such use” includes situations where an accused has no authorization to use the (credit card) (debit card) (access device) from a person whose authorization is required for such use, as well as situations where an accused exceeds the authorization of a person whose authorization is required for such use.)
NOTE 2: Defining “stolen.” If necessary, the judge may instruct the members on the meaning of “stolen” by tailoring an instruction using definitions provided in Instruction 3a-45-1, Larceny.
NOTE 3: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), normally applies. Instruction 7-16, Variance - Value, Damage, and Amount, may apply. Instruction 7-15, Variance, may apply.