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radio from a person who borrowed it from the
owner, saying you will return it to the owner, but
instead, selling it.
An example of wrongful appropriation is
taking someone’s car without permission and
going for a joyride, later returning or abandoning
the car.
Art. 122. Robbery
Any person subject to this code who
with intent to steal takes anything of value
from the person or in the presence of
another, against his will, by means of force
or violence or fear of immediate or future
injury to his person or property or to the
person or property of a relative or member
of his family or of anyone in his company
at the time of the robbery, is guilty of
robbery and shall be punished as a court-
martial may direct.
When a robbery is committed by force or
violence, evidence must exist of actual force or
violence to the victim preceding or accompanying
the taking against the victim’s will. Whether or
not fear is engendered in the victim is immaterial.
When a robbery is committed by means of
fear, no evidence is required of actual force or
violence. However, evidence of demonstrations
of force or menaces that place the victim in such
fear that the victim is warranted in offering no
resistance is required.
Art. 123. Forgery
Any person subject to this code who,
with intent to defraud—
(1) falsely makes or alters any
signature to, or any part of, any
writing which would, if genuine,
apparently impose a legal liability
on another or change his legal right
or liability to his prejudice; or
(2) utters, offers, issues, or
transfers such a writing, known by
him to be so made or altered;
is guilty of forgery and shall be punished
as a court-martial may direct.
A forgery may be committed by a person’s
signing his or her own name to an instrument. For
example, presume a check payable to the order
of a certain person comes into the hands of
another person of the same name. The receiver
commits forgery if, knowing the check to be
another person’s, he or she endorses it with his
or her own name with the intent to defraud.
Some of the instruments most frequently
subject to forgery are checks, orders for delivery
of money or goods, military orders directing
travel, and receipts. A writing may be falsely
“made” by materially altering an existing writing;
by filling in or signing the blanks in a paper, such
as a blank check; or by signing an instrument
already written.
Art. 123a. Making, Drawing, or Uttering Check,
Draft, or Order Without Sufficient
Funds
This article provides specific statutory auth-
ority for the prosecution of bad check offenses.
In the absence of evidence indicating otherwise,
bad faith might be shown by the maker’s or
drawer’s failure to effect redemption within the
5-day period provided for in the article. The
offense of wrongfully and dishonorably failing
to maintain sufficient funds for payment of
checks upon presentment is a violation of article
134. This offense is a lesser included offense under
article 123, not requiring proof of fraudulent
intent.
Art. 124. Maiming
Any person subject to this code who,
with intent to injure, disfigure, or disable,
inflicts upon the person of another an
injury, which—
(1) seriously disfigures his per-
son by any mutilation thereof;
(2) destroys or disables any
member or organ of his body; or
(3) seriously diminishes his
physical vigor by the injury of any
member or organ;
is guilty of maiming and shall be punished
as a court-martial may direct.
Maiming includes putting out a person’s eye;
cutting off a person’s hand, foot, or finger; or
knocking out a person’s front teeth, as these
injuries destroy or disable those members or
organs. Maiming also includes cutting off a per-
son’s ear or scaring a person’s face, as these
injuries seriously disfigure the person. Injuring
an internal organ so as to seriously diminish the
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