Article 106 — Impersonation of officer, noncommissioned or petty officer, or agent or official

Part IV · Punitive Articles

Article 106. Impersonation of officer, noncommissioned or petty officer, or agent or official · MCM ¶ 39

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes

(a) Text of statute.

(a) IN GENERAL.— Any person subject to this chapter who, wrongfully and willfully, impersonates—

(1) an officer, a noncommissioned officer, or a petty officer;

(2) an agent of superior authority of one of the armed forces; or

(3) an official of a government;

shall be punished as a court-martial may direct.

(b) IMPERSONATION WITH INTENT TO DEFRAUD.— Any person subject to this chapter who, wrongfully, willfully, and with intent to defraud, impersonates any person referred to in paragraph (1), (2), or (3) of subsection (a) shall be punished as a court-martial may direct.

(c) IMPERSONATION OF GOVERNMENT OFFICIAL WITHOUT INTENT TO DEFRAUD.— Any person subject to this chapter who, wrongfully, willfully, and without intent to defraud, impersonates an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused impersonated an officer, noncommissioned officer, or petty officer, or an agent of superior authority of one of the armed forces, or an official of a certain government, in a certain manner; and

(2) That the impersonation was wrongful and willful.

Practice Note

[Note 1: If intent to defraud is in issue, add the following element:]

(3) That the accused did so with the intent to defraud a certain person or organization in a certain manner.

Practice Note

[Note 2: If the accused is charged with impersonating an official of a certain government without an intent to defraud, use the following element:]

(1) Nature of offense. Impersonation does not depend upon the accused deriving a benefit from the deception or upon some third party being misled, although this is an aggravating factor.

(2) Officer. The term “officer” has the same meaning as that term carries in 10 U.S.C. § 101(b)(1).

(3) Willfulness. “Willful” means with the knowledge that one is falsely holding one’s self out as such.

(4) Intent to defraud. See subparagraph 70.c.(14).

(d) Maximum punishment.

(1) With intent to defraud. 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.

(f) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully and willfully impersonate (a(n) (officer) (noncommissioned officer) (petty officer) (agent of superior authority) of the (Army) (Navy) (Marine Corps) (Air Force) (Coast Guard)) (an official of the Government of __________) by (publicly wearing the uniform and insignia of rank of a (lieutenant of the __________) (_____)) (showing the credentials of __________) (_____) [*with intent to defraud _____ by _____] [**and (exercised) (asserted) the authority of _____ by _____]. [* See subparagraph b note 1.] [** See subparagraph b note 2.]

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.

3a-39-1IMPERSONATING AN OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER OR AGENT OR OFFICIAL

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

(1) With intent to 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 and willfully impersonate (a(n) (officer) (noncommissioned officer) (petty officer) (agent of superior authority) of the (Army) (Navy) (Marine Corps) (Air Force) (Coast Guard)) (an official of the Government of __________) by (publicly wearing the uniform and insignia of rank of a (lieutenant of the __________) (__________)) (showing the credentials of __________) (__________) [with intent to defraud __________ by __________] [and (exercised) (asserted) the authority of __________ by __________].

Elements

(1) That (state the time and place alleged), the accused impersonated (a) (an) [(officer) (noncommissioned officer) (petty officer) (agent of superior authority of the state the armed force alleged)(official of the Government of __________)]; (and)

(2) That this impersonation was wrongful and willful; [and]

NOTE 2. Intent to defraud alleged. If the aggravating factor of intent to defraud is alleged, give element (3) below.

[(3)] That the accused did so with the intent to defraud (state the name of the alleged victim) by (state the manner in which the victim was allegedly defrauded).

NOTE 3. If the accused is charged with impersonating an official of a certain government without an intent to defraud, give element (3) below:

[(3)] That the accused committed one or more acts which exercised or asserted the authority of the office the accused claimed to have by __________.

Definitions & other instructions

“Officer” means a commissioned or warrant officer.

“Impersonate” means to assume or to act the person or role of another.

“Willful” means with the knowledge that one is falsely holding one’s self out as such.

“Wrongful” means without legal excuse or justification.

NOTE 4. Intent to defraud alleged. Give the following definition if intent to defraud is alleged:

“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.

NOTE 5. Actual deception or derivation of a benefit not required. As the crime of impersonation does not require either the actual deception of others or the accused deriving a benefit from the impersonation (US v. Messenger, 6 CMR 21 (CMA 1952)), the following instruction may be helpful:

(There is no requirement that the accused or anyone else benefit from (his) (her) impersonation.) (There is (also) no requirement that anyone actually be deceived by the accused’s actions.)

NOTE 6. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable when intent to defraud is alleged.

References

Cases discussing when overt acts, or asserting or exercising the office must be pled and proved: US v. Pasha, 24 MJ 87 (CMA 1987); US v. Yum, 10 MJ 1 (CMA 1980) (concurring opinion); US v. Frisbie, 29 MJ 974 (AFCMR 1990).

Source: Instruction 3a-39-1 · view original on jagcnet.army.mil