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Article 134 - (False pretenses, obtaining services under)
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Text.

See Paragraph 60.

Elements.

(1) That the accused wrongfully obtained certain services;

(2) That the obtaining was done by using false pretenses;

(3) That the accused then knew of the falsity of the pretenses;

(4) That the obtaining was with intent to defraud;

(5) That the services were of a certain value; and

(6) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation.

This offense is similar to the offenses of larceny and wrongful appropriation by false pretenses, except that the object of the obtaining is services(for example, telephone service) rather than money, personal property, or articles of value of any kind as under Article 121. See paragraph 46c. See paragraph 49c(14) for a definition of “intent to defraud.”

Lesser included offense. Article 80—attempts

Maximum punishment. Obtaining services under false pretenses.

(1) Of a value of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

(2) Of a value of more than $500.00. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Next Article > Article 134 - (False swearing) >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 78

 

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