10 U.S.C. § 924 — Art. 124. Frauds against the United States

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 Page 830 TITLE 10—ARMED FORCES § 924a (4) who, being authorized to make or deliver any paper certifying the receipt of any prop- erty of the United States furnished or in- tended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; shall, upon conviction, be punished as a court- martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 75, § 932; renum- bered § 924, Pub. L. 114–328, div. E, title LX, § 5401(14), Dec. 23, 2016, 130 Stat. 2939.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 932 .......... 50:726. May 5, 1950, ch. 169, § 1 (Art. 132), 64 Stat. 142. The word ‘‘it’’ is substituted for the words ‘‘the same’’ throughout the revised section. Editorial Notes PRIOR PROVISIONS A prior section 924 was renumbered section 928a of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 932 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility 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. § 924a. Art. 124a. Bribery (a) ASKING, ACCEPTING, OR RECEIVING THING OF VALUE.—Any person subject to this chapter— (1) who occupies an official position or who has official duties; and (2) who wrongfully asks, accepts, or receives a thing of value with the intent to have the person’s decision or action influenced with re- spect to an official matter in which the United States is interested; shall be punished as a court-martial may direct. (b) PROMISING, OFFERING, OR GIVING THING OF VALUE.—Any person subject to this chapter who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, with the in- tent to influence the decision or action of the other person with respect to an official matter in which the United States is interested, shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5437, 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. § 924b. Art. 124b. Graft (a) ASKING, ACCEPTING, OR RECEIVING THING OF VALUE.—Any person subject to this chapter— (1) who occupies an official position or who has official duties; and (2) who wrongfully asks, accepts, or receives a thing of value as compensation for or in rec- ognition of services rendered or to be rendered by the person with respect to an official mat- ter in which the United States is interested; shall be punished as a court-martial may direct. (b) PROMISING, OFFERING, OR GIVING THING OF VALUE.—Any person subject to this chapter who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, as compensa- tion for or in recognition of services rendered or to be rendered by the other person with respect to an official matter in which the United States is interested, shall be punished as a court-mar- tial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5438, Dec. 23, 2016, 130 Stat. 2953.) 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. § 925. Art. 125. Kidnapping Any person subject to this chapter who wrong- fully— (1) seizes, confines, inveigles, decoys, or car- ries away another person; and (2) holds the other person against that per- son’s will; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 74; Pub. L. 113–66, div. A, title XVII, § 1707(a), Dec. 26, 2013, 127 Stat. 961; Pub. L. 113–291, div. A, title V, § 531(d)(1), Dec. 19, 2014, 128 Stat. 3364; Pub. L. 114–328, div. E, title LX, § 5439, Dec. 23, 2016, 130 Stat. 2953.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 925(a) ...... 925(b) ...... 50:719(a). 50:719(b). May 5, 1950, ch. 169, § 1 (Art. 125), 64 Stat. 141. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offenses of forc- ible sodomy and bestiality. 2014—Subsec. (a). Pub. L. 113–291 substituted ‘‘unlaw- ful force’’ for ‘‘force’’. 2013—Pub. L. 113–66 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of