Article 107 — False official statements; false swearing

Part IV · Punitive Articles

Article 107. False official statements; false swearing · MCM ¶ 41

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes

(a) Text of statute.

(a) FALSE OFFICIAL STATEMENTS.—Any person subject to this chapter who, with intent to deceive—

(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or

(2) makes any other false official statement knowing it to be false; shall be punished as a court-martial may direct.

(b) FALSE SWEARING.—Any person subject to this chapter—

(1) who takes an oath that—

(A) is administered in a matter in which such oath is required or authorized by law; and

(B) is administered by a person with authority to do so; and

(2) who, upon such oath, makes or subscribes to a statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true, shall be punished as a court-martial may direct.

(b) Elements.

(1) False official statements.

(a) That the accused signed a certain official document or made a certain official statement;

(b) That the document or statement was false in certain particulars;

(d) That the false document or statement was made with the intent to deceive.

(2) False swearing.

(a) That the accused took an oath or equivalent;

(b) That the oath or equivalent was administered to the accused in a matter in which such oath or equivalent was required or authorized by law;

(d) That upon this oath or equivalent the accused made or subscribed a certain statement;

(e) That the statement was false; and

(f) That the accused did not then believe the statement to be true.

(1) False official statements.

(a) Statements. Statements may be made orally or in writing and include records, returns, regulations, orders, or other documents.

(b) Official statements. Official statements are those that affect military functions, which encompass matters within the jurisdiction of the military departments and Services. There are three broad categories of official statements under this offense:

(i) where the accused makes a statement while acting in the line of duty or where the statement bears a clear and direct relationship to the accused’s official duties;

(ii) where the accused makes a statement to a military member who is carrying out a military duty at the time the statement is made; or

(iii) where the accused makes a statement to a civilian who is necessarily performing a military function at the time the accused makes the statement.

(c) Status of victim of deception. The rank or status of any person intended to be deceived is immaterial if that person was authorized in the execution of a particular duty to require or receive the statement from the accused. The Government may be the victim of this offense.

(d) Intent to deceive. The false representation must be made with the intent to deceive. It is not necessary that the false statement be material to the issue inquiry. If, however, the falsity is in respect to a material matter, it may be considered as some evidence of the intent to deceive, while immateriality may tend to show an absence of this intent.

(e) Material gain. The expectation of material gain is not an element of this offense. Such expectation or lack of it, however, is circumstantial evidence bearing on the element of intent to deceive.

(f) Knowledge that the statement was false. The false representation must be one which the accused actually knew was false. Actual knowledge may be proved by circumstantial evidence. An honest, although erroneous, belief that a statement made is true, is a defense.

(2) False swearing.

(a) Nature of offense. False swearing is the making under a lawful oath or equivalent of any false statement, oral or written, not believing the statement to be true. It does not include such statements made in a judicial proceeding or course of justice, as those are under Article 131, perjury (see paragraph 81). Unlike a false official statement, there is no requirement that the statement be made with an intent to deceive or that the statement be official.

(b) Oath. See Article 136 and R.C.M. 807 as to the authority to administer oaths, and see Section IX of Part III (Military Rules of Evidence) concerning proof of the signatures of persons authorized to administer oaths. An oath includes an affirmation when authorized in lieu of an oath.

(d) Maximum punishment.

(1) False official statement. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(2) False swearing. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(e) Sample specification s.

(1) False official statements. In that __________ (personal jurisdiction data), did, (at/on board—location), (subject-matter jurisdiction data, if required), on or about _____ 20 __, with intent to deceive, [sign an official (record) (return) (_____), to wit: _____] [make to _____, an official statement, to wit: _____], which (record) (return) (statement) (_____) was (totally false) (false in that _____), and was then known by the said _____ to be so false.

(2) False swearing. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, (in an affidavit) (in __________), (make) (subscribe) under lawful (oath) (affirmation) a false statement in substance as follows: __________, which statement (he) (she) did not then believe to be true.

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, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, with intent to deceive, [sign an official (record) (return) (__________), to wit: __________] [make to __________, an official statement, to wit: __________], which (record) (return) (statement) (__________) was (totally false) (false in that __________), and was then known by the said __________ to be so false.

Elements

(1) That (state the time and place alleged), the accused (signed a certain official document) (made to (state the name of the person to whom the statement was allegedly made) a certain official statement), that is: (describe the document or statement as alleged);

(2) That such (document) (statement) was (totally false) (false in that (state the allegedly false matters);

(3) That the accused knew it to be false at the time (he) (she) (signed) (made) it; and

(4) That the false (document) (statement) was made with the intent to deceive.

Definitions & other instructions

“Intent to deceive” means to purposely mislead, to cheat, to trick another, or to cause another to believe as true that which is false.

A statement is official when the maker is either acting in the line of duty or the statement bears a clear and direct relationship to the maker’s official military duties, or where the receiver is either a military member carrying out a military duty when the statement is made or a civilian necessarily performing a military function when the statement is made. The rank or status of the person intended to be deceived is immaterial if that person was authorized in the execution of a particular duty to require or receive the statement from the accused. (The Government may be the victim of this offense.)

(A statement may be made orally or in writing.)

(“Statements” include records, returns, regulations, orders, or other documents.)

NOTE 2. Civilian investigations. Unless occurring under one of the circumstances above, false statements to civilian law enforcement officials are not “official” and therefore are not punishable under Article 107.

NOTE 3. AAFES employees. If the accused is charged with making a false official statement to an AAFES employee, the military judge may give the following instruction:

AAFES employees who are in the performance of their duties are considered to be performing a military function.

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

References

“Exculpatory no” doctrine. Brogan v. US, 522 U.S. 398 (1998); US v. Solis, 46 MJ 31 (CAAF 1997); US v. Black, 47 MJ 146 (CAAF 1997); US v. Prater, 32 MJ 433 (CMA 1991); US v. Jackson, 26 M.J 377 (CMA 1988). Defining “official” statement. US v. Spicer, 71 M.J. 470 (CAAF 2013); US v. Capel, 71 M.J. 485 (CAAF 2013); AAFES employees. US v. Passut, 73 M.J. 27 (CAAF 2014).

Source: Instruction 3a-41-1 · view original on jagcnet.army.mil

Maximum punishment

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

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (in an affidavit) (in __________), (make) (subscribe) under lawful (oath) (affirmation) a false statement in substance as follows: __________, which statement (he) (she) did not then believe to be true.

Elements

(1) That (state the time and place alleged), the accused took an oath;

(2) That the oath was administered to the accused in a matter in which such oath was required or authorized by law;

(3) That the oath was administered by a person having the authority to do so;

(4) That upon the oath the accused (made) (subscribed) a statement, to wit: (set forth the statement as alleged);

(5) That the statement was false; and

(6) That the accused did not then believe the statement to be true.

Definitions & other instructions

An “oath” is a procedure which appeals to the conscience of the person to whom the oath is administered and which binds that person to speak the truth.

(“Subscribe” means to write one’s name on a document for the purpose of adopting its words as one’s own expressions.)

NOTE 2. Corroboration instruction. When an instruction on corroboration is requested or otherwise appropriate, the judge should carefully tailor the following to include only instructions applicable to the case. Subparagraphs (1), (2), or a combination of (1) and (2) may be given, as appropriate:

As to the fifth element of this offense, there are special rules for proving the falsity of a statement. The falsity of a statement can be proven by testimony or documentary evidence by:

(1) The testimony of a witness which directly contradicts the statement described in the specification, as long as the witness’s testimony is corroborated or supported by the testimony of at least one other witness or by some other evidence which tends to prove the falsity of the statement. You may find the accused guilty of false swearing only if you find beyond a reasonable doubt that the testimony of (state the name of the witness), who has testified as to the falsity of the statement described in the specification, is believable and is corroborated or supported by other trustworthy evidence or testimony. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove false swearing is proof of independent facts or circumstances which, considered together, tend to confirm the testimony of the single witness in establishing the falsity of the oath.

(2) Documentary evidence directly disproving the truth of the statement described in the specification as long as the evidence is corroborated or supported by other evidence tending to prove the falsity of the statement. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove false swearing is proof of independent facts or circumstances which, considered together, tend to confirm the information contained in the document in establishing the falsity of the oath.

NOTE 3. Exceptions to documentary corroboration requirement. There are two exceptions to the requirement for corroboration of documentary evidence. Applicable portions of the following should be given when an issue concerning one of these exceptions arises:

An exception to the requirement that documentary evidence must be supported by corroborating evidence exists when the document is an official record which has been proven to have been well known to the accused at the time (he) (she) (took the oath) (made the affirmation).

(Additionally) (An) (Another) exception to the requirement that documentary evidence must be supported by corroborating evidence exists when the document was written or furnished by the accused or had in any way been recognized by (him) (her) as containing the truth at some time before the supposedly falsely sworn statement was made.

If (this exception) (these exceptions) exist(s), the documentary evidence may be sufficient without corroboration to establish the falsity of the statement.

You may find the accused guilty of false swearing only if you find that the documentary evidence (and credible corroborative evidence) establish(es) the falsity of the accused’s statement beyond a reasonable doubt.

NOTE 4. Proving that the accused did not believe the statement to be true. Once the appropriate corroboration instruction above is given, the military judge should give the following instruction:

The fact that the accused did not believe the statement to be true when it was (made) (subscribed) may be proved by testimony of one witness without corroboration or by circumstantial evidence, if the testimony or evidence convinces you beyond a reasonable doubt as to this element of the offense.

NOTE 5. Applicability of this offense. The offense of false swearing does not apply in a judicial proceeding or course of justice.

NOTE 6. False swearing as a lesser included offense. False swearing is not a lesser included offense of Article 131, Perjury.

Source: Instruction 3a-41-2 · view original on jagcnet.army.mil