10 U.S.C. § 923 — Art. 123. Offenses concerning Government

Page 829 TITLE 10—ARMED FORCES § 924 knowing the property to be stolen property, shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5435, Dec. 23, 2016, 130 Stat. 2952.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions 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. § 923. Art. 123. Offenses concerning Government computers (a) IN GENERAL.—Any person subject to this chapter who— (1) knowingly accesses a Government com- puter, 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 in- tentionally communicates, delivers, trans- mits, 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 Notes PRIOR PROVISIONS A prior section 923 was renumbered section 905 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions 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. § 923a. Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds 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 obliga- tion, 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 pre- sentment, 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 insuf- ficient 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 pre- sentment. In this section, the word ‘‘credit’’ means an arrangement or understanding, ex- press or implied, with the bank or other deposi- tory 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 Subsidiaries EFFECTIVE DATE Pub. L. 87–385, § 2, Oct. 4, 1961, 75 Stat. 814, provided that: ‘‘This Act [enacting this section] becomes effec- tive on the first day of the fifth month following the month in which it is enacted [October 1961].’’ § 924. Art. 124. Frauds against the United States Any person subject to this chapter— (1) who, knowing it to be false or fraudu- lent— (A) makes any claim against the United States or any officer thereof; or (B) presents to any person in the civil or military service thereof, for approval or pay- ment, any claim against the United States or any officer thereof; (2) who, for the purpose of obtaining the ap- proval, allowance, or payment of any claim against the United States or any officer there- of— (A) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements; (B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or (C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited; (3) who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or