According to the Manual for Courts-Martial, any service member may be prosecuted if they knowingly and intentionally defraud by using pretenses to obtain services.
To be prosecuted for violations of Article 121b, the prosecution must prove that:
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the accused wrongfully obtained certain services;
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the obtaining was done by using pretenses;
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the accused then knew of the falsity of the pretenses;
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the obtaining was with intent to defraud; and
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the services were of a specific value or some value.
Understanding Article 121b (False Pretenses to Obtain Services) of the UCMJ
This offense is similar to theft and wrongful appropriation by pretenses (Article 121), except that the object of the obtaining is services rather than money, personal property, or articles of value.
As with Article 121, Article 121b requires the element of intent. However, intent may be proven through circumstantial evidence.
Maximum Possible Punishment for Violations of Article 121b
Service members convicted of violating Article 121b face differing punishments depending upon the monetary value of the services obtained.
Services obtained under pretenses of $1,000 or less yield a bad-conduct discharge, forfeiture of all pay and allowances, and one-year confinement.
Services obtained under pretenses of more than $1,000 result in a dishonorable discharge, forfeiture of all pay and allowances, and five-year confinement.
How do you defend against the charges of Article 121b False Pretenses to Obtain Services?
When facing the combined resources of the military and the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 121b charges for False Pretenses to Obtain Services, you need to speak with a Military defense attorney immediately. We understand what is at risk and know how to protect your career, freedom, and future.
