UCMJ Article 121 Larceny vs Article 121a Fraudulent Use of Credit Cards: Traditional Theft vs Modern Financial Crime
On this page: 5 sections
Taking another person’s debit card from a wallet can be larceny of the card under Article 121. Using that card at a register, knowingly and with intent to defraud, is a separate offense under Article 121a, which has applied since January 1, 2019. Larceny is defined by what happens to property; Article 121a is defined by the use of a card or other access device to obtain something of value.
Article 121a carries far higher maximums than larceny of the same amount: up to 10 years for $1,000 or less, against 1 year for larceny.
Article 121: taking, obtaining, or withholding
Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind … with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny
Source: 10 U.S.C. § 921(a)(1) (Article 121).
The statute says “by any means.” The Manual for Courts-Martial confirms that no physical carrying away is required: “any movement of the property or any exercise of dominion over it is sufficient if accompanied by the requisite intent,” and having another person’s funds transferred to one’s own bank account is larceny if the other elements are met (MCM, Part IV, ¶ 64.c(1)(b)). Larceny also includes obtaining property by false pretense and withholding it, the older offense of embezzlement (¶ 64.c(1)(a)).
Article 121a: using an access device
Article 121a applies to any person subject to the UCMJ who, “knowingly and with intent to defraud,” uses:
(1) a stolen credit card, debit card, or other access device;
(2) a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or
(3) a credit card, debit card, or other access device without the authorization of a person whose authorization is required for such use;
“to obtain money, property, services, or anything else of value.”
Source: 10 U.S.C. § 921a (Article 121a), added by Pub. L. 114-328, § 5432, effective January 1, 2019.
The key terms, from the statute and ¶ 65.c of the Manual:
- Access device has the meaning given in 18 U.S.C. § 1029 (§ 921a(b)): “any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number,” or “other means of account access” that can be used to obtain money, goods, services, or anything else of value, or to initiate a transfer of funds (18 U.S.C. § 1029(e)(1)). A card number or PIN can qualify without the physical card.
- Knowingly and with intent to defraud. Both are elements. Intent to defraud means an intent to obtain something of value through a misrepresentation and apply it to one’s own or another’s use (¶ 70.c(14), applied by ¶ 65.c(2)), and it may be proved by circumstantial evidence (¶ 65.c(3)).
- Exceeding authorization. The third clause covers both having no authorization and “situations where an accused exceeds the authorization” of the person whose authorization is required (¶ 65.c(4)).
- Services count. The use can be to obtain money, property, services, or anything else of value, while larceny reaches money, property, and articles of value.
The statute sets the mental state at “knowingly and with intent to defraud.” A “should have known” standard does not appear in it.
How the facts sort
| Larceny (Article 121) | Fraudulent use (Article 121a) | |
|---|---|---|
| Core act | Wrongfully taking, obtaining, or withholding property | Using a stolen, invalid, or unauthorized access device |
| What is obtained | Money, personal property, or an article of value | Money, property, services, or anything else of value |
| Mental state | Intent to permanently deprive, defraud, or appropriate | Knowledge and intent to defraud |
| Services | Not covered (see Article 121b) | Covered |
| Maximum for $1,000 or less | 1 year | 10 years |
For example, a service member who takes a roommate’s debit card and uses it to withdraw $200 at an ATM raises larceny of the card and, for the withdrawal, both Article 121a (a stolen access device used knowingly and with intent to defraud) and larceny of the cash. Lending is a different case: a friend lends a service member a card to buy one meal, and the service member uses it for other purchases the friend never approved. That is the “exceeds the authorization” situation the Manual describes, and whether there was intent to defraud is the central question. Evidence that the accused intended to repay bears on that intent, which may be proved by circumstantial evidence (¶ 65.c(3)).
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 64.d and ¶ 65.d) |
|---|---|
| Fraudulent use of an access device to obtain property worth $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 10 years |
| Fraudulent use during any 1-year period to obtain property with an aggregate value over $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 15 years |
| Larceny, $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Larceny of other than military property, more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Larceny of military property, more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Wrongful appropriation, $1,000 or less | Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months |
| Wrongful appropriation, more than $1,000 | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Wrongful appropriation of a motor vehicle, aircraft, vessel, firearm, or explosive, or of military property over $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
The Article 121a aggregate is measured over any 1-year period. Larceny of any motor vehicle, aircraft, vessel, firearm, or explosive carries the higher larceny maximums regardless of value. Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, other than a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 921, larceny and wrongful appropriation (Article 121)
- 10 U.S.C. § 921a, fraudulent use of credit cards, debit cards, and other access devices (Article 121a)
- 18 U.S.C. § 1029, fraud and related activity in connection with access devices
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 64, ¶ 65, and ¶ 70.c(14).
This summary of Articles 121 and 121a is general legal information; it does not assess any transaction or account. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.