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Punitive Articles of the UCMJ
Article 134—(Check, worthless, making and uttering—by dishonorably failing to maintain funds)
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Text.

See Paragraph 60.

Elements.

(1) That the accused made and uttered a certain check;

(2) That the check was made and uttered for the purchase of a certain thing, in payment of a debt, or for a certain purpose;

(3) That the accused subsequently failed to place or maintain sufficient funds in or credit with the drawee bank for payment of the check in full upon its presentment for payment;

(4) That this failure was dishonorable; and

(5) 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 differs from an Article 123a offense (paragraph 49) in that there need be no intent to defraud or deceive at the time of making, drawing, uttering, or delivery, and that the accused need not know at that time that the accused did not or would not have sufficient funds for payment. The gist of the offense lies in the conduct of the accused after uttering the instrument. Mere negligence i n maintaining one’s bank balance is insufficient for this offense, for the accused’s conduct must reflect bad faith or gross indifference in this regard. As in the offense of dishonorable failure to pay debts (see paragraph 71), dishonorable conduct of the accused is necessary, and the other principles discussed in paragraph 71 also apply here.

Lesser included offenses. None.

Maximum punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Next Article > Article 134—(Cohabitation, wrongful) >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 68

 

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