Article 105a — False or unauthorized pass offenses

Part IV · Punitive Articles

Article 105a. False or unauthorized pass offenses · MCM ¶ 38

2024 Manual for Courts-Martial, United States

(a) Text of statute .

(a) WRONGFUL MAKING, ALTERING, ETC.— Any person subject to this chapter who, wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as a court-martial may direct.

(b) WRONGFUL SALE, ETC.— Any person subject to this chapter who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct.

(c) WRONGFUL USE OR POSSESSION.— Any person subject to this chapter who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct.

(b) Elements.

(1) Wrongful making, altering, counterfeiting, or tampering with a military or official pass, permit, discharge certificate, or identification card.

(a) That the accused wrongfully and falsely made, altered, counterfeited, or tampered with a certain military or official pass, permit, discharge certificate, or identification card; and

(b) That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.

(2) Wrongful sale, gift, loan, or disposition of a military or official pass, permit, discharge certificate, or identification card.

(a) That the accused wrongfully sold, gave, loaned, or disposed of a certain military or official pass, permit, discharge certificate, or identification card;

(b) That the pass, permit, discharge certificate, or identification card was false or unauthorized; and

(c) That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.

(3) Wrongful use or possession of a false or unauthorized military or official pass, permit, discharge certificate, or identification card.

(a) That the accused wrongfully used or possessed a certain military or official pass, permit, discharge certificate, or identification card;

(b) That the pass, permit, discharge certificate, or identification card was false or unauthorized; and

(c) That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.

Practice Note

[Note: When there is intent to defraud or deceive, add the following element:]

(d) That the accused used or possessed the pass, permit, discharge certificate, or identification card with intent to defraud or deceive.

(1) In general. Military or official pass, permit, discharge certificate, or identification card includes, as well as the more usual forms of these documents, all documents issued by any governmental agency for the purpose of identification and copies thereof.

(2) Intent to defraud or deceive. See subparagraphs 70.c.(14) and (15).

(d) Maximum punishment.

(1) Possessing or using with intent to defraud or deceive, or making, altering, counterfeiting, tampering with, or selling. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(2) All other cases. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

(e) Sample specification s.

(1) Wrongful making, altering, counterfeiting, or tampering with military or official pass, permit, discharge certificate, or identification card. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully and falsely (make) (forge) (alter by __________) (counterfeit) (tamper with by __________) (a certain instrument purporting to be) (a) (an) (another’s) (naval) (military) (official) (pass) (permit) (discharge certificate) (identification card) (__________) in words and figures as follows _________.

(2) Wrongful sale, gift, loan, or disposition of a military or official pass, permit, discharge certificate, or identification card. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully (sell to _____) (give to _____) (loan to _____) (dispose of by _____) (a certain instrument purporting to be) (a) (an) (another’s) (naval) (military) (official) (pass) (permit) (discharge certificate) (identification card) (_____) in words and figures as follows: _____, (he) (she), the said _____, then well knowing the same to be (false) (unauthorized).

(3) Wrongful use or possession of a false or unauthorized military or official pass, permit, discharge certificate, or identification card. In that __________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully (use) (possess) (with intent to (defraud) (deceive)) (a certain instrument purporting to be) (a) (an) (another’s) (naval) (military) (official) (pass) (permit) (discharge certificate) (identification card) (__________), (he) (she), the said __________, then well knowing the same to be (false) (unauthorized).

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 3 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully and falsely (make) (forge) (alter by __________) (counterfeit) (tamper with by __________) (a certain instrument purporting to be) (a) (an) (another’s) (naval) (military) (official) (pass) (permit) (discharge certificate) (identification card) (__________) in words and figures as follows __________.

Elements

(1) That (state the time and place alleged), the accused wrongfully and falsely (made) (altered by __________) (counterfeited) (tampered with by __________) a military or official (pass) (permit) (discharge certificate) (identification card), to wit: (state the terms of the instrument as alleged); and

(2) That the accused then knew that the (permit) (pass) (discharge certificate) (identification card) was false.

Definitions & other instructions

“Wrongfully” means without legal excuse or justification.

Military or official pass, permit, discharge certificate, or identification card includes, as well as more usual forms of these documents, all documents issued by any governmental agency for the purposes of identification, as well as copies thereof.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

Source: Instruction 3a-38-1 · view original on jagcnet.army.mil

Maximum punishment

(1) Sale: DD, TF, 3 years, E-1. (Category 2)

(2) Giving, loaning, disposing: BCD, TF, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully (sell to __________) (give to __________) (loan to __________) (dispose of by __________) (a certain instrument purporting to be) (a) (an) (another’s) (naval) (military) (official) (pass) (permit) (discharge certificate) (identification card) (__________) in words and figures as follows: __________, (he) (she), the said __________, then well knowing the same to be (false) (unauthorized).

Elements

(1) That (state the time and place alleged), the accused wrongfully [(sold) (gave) (loaned) to (state the name of the person alleged)] [disposed of by (state the manner alleged)] a military or official (pass) (permit) (discharge certificate) (identification card), to wit: (state the terms of the instrument alleged);

(2) That the (pass) (permit) (discharge certificate) (identification card) was (false) (or) (unauthorized); and

(3) That the accused then knew that the (pass) (permit) (discharge certificate) (identification card) was (false) (or) (unauthorized).

Definitions & other instructions

“Wrongfully” means without legal excuse or justification.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

Source: Instruction 3a-38-2 · view original on jagcnet.army.mil

Maximum punishment

(1) With intent to deceive or defraud: DD, TF, 3 years, E-1. (Category 2)

(2) Other cases: BCD, TF, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did (at/on board—location), on or about __________, wrongfully (use) (possess) (with intent to (defraud) (deceive)) (a certain instrument purporting to be) (a) (an) (another’s) (naval) (military) (official) (pass) (permit) (discharge certificate) (identification card) (__________), (he) (she), the said ________, then well knowing the same to be (false) (unauthorized).

Elements

(1) That (state the time and place alleged), the accused wrongfully (used) (possessed) a military or official (pass) (permit) (discharge certificate) (identification card), to wit: (state the terms of the instrument as alleged);

(2) That the (pass) (permit) (discharge certificate) (identification card) was (false) (or) (unauthorized); (and)

(3) That the accused then knew that the (pass) (permit) (discharge certificate) (identification card) was (false) (or) (unauthorized); [(and)]

NOTE 2. Intent to defraud or deceive alleged. If alleged, add the following element:

[(4)] That the accused (used) (possessed) the (pass) (permit) (discharge certificate) (identification card) with an intent to (defraud) (or) (deceive).

Definitions & other instructions

“Wrongfully” means without legal excuse or justification.

NOTE 3. Intent to deceive or defraud alleged. If alleged, give one or both of the below definitions as applicable.

“Intent to defraud” means an intent to obtain, through a misrepresentation, an article or thing of value and to apply it to one’s own use and benefit or to the use and benefit of another, either permanently or temporarily.

“Intent to deceive” means an intent to mislead, cheat, or trick another by means of a misrepresentation made for the purpose of gaining an advantage for oneself or for a third person, or of bringing about a disadvantage to the interests of the person to whom the representation was made or to interests represented by that person.

NOTE 4. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent and Knowledge), is ordinarily applicable.

Source: Instruction 3a-38-3 · view original on jagcnet.army.mil