Summary of changes
Article 105a — False or unauthorized pass offenses
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
28 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
38.a.
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Text of statute .
Current text
Text of statute .
38.a.(a)
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Original text
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.
Current text
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.
38.a.(b)
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Original text
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.
Current text
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.
38.a.(c)
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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.
Current text
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.
38.b.
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Elements.
Current text
Elements.
38.b.(1)
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Original text
Wrongful making, altering, counterfeiting, or tampering with a military or official pass, permit, discharge certificate, or identification card.
Current text
Wrongful making, altering, counterfeiting, or tampering with a military or official pass, permit, discharge certificate, or identification card.
38.b.(1)(a)
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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
Current text
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
38.b.(1)(b)
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That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
Current text
That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
38.b.(2)
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Original text
Wrongful sale, gift, loan, or disposition of a military or official pass, permit, discharge certificate, or identification card.
Current text
Wrongful sale, gift, loan, or disposition of a military or official pass, permit, discharge certificate, or identification card.
38.b.(2)(a)
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Original text
That the accused wrongfully sold, gave, loaned, or disposed of a certain military or official pass, permit, discharge certificate, or identification card;
Current text
That the accused wrongfully sold, gave, loaned, or disposed of a certain military or official pass, permit, discharge certificate, or identification card;
38.b.(2)(b)
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That the pass, permit, discharge certificate, or identification card was false or unauthorized; and
Current text
That the pass, permit, discharge certificate, or identification card was false or unauthorized; and
38.b.(2)(c)
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Original text
That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
Current text
That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
38.b.(3)
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Original text
Wrongful use or possession of a false or unauthorized military or official pass, permit, discharge certificate, or identification card.
Current text
Wrongful use or possession of a false or unauthorized military or official pass, permit, discharge certificate, or identification card.
38.b.(3)(a)
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That the accused wrongfully used or possessed a certain military or official pass, permit, discharge certificate, or identification card;
Current text
That the accused wrongfully used or possessed a certain military or official pass, permit, discharge certificate, or identification card;
38.b.(3)(b)
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That the pass, permit, discharge certificate, or identification card was false or unauthorized; and
Current text
That the pass, permit, discharge certificate, or identification card was false or unauthorized; and
38.b.(3)(c)
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Original text
That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
Current text
That the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
38.b.(3)(c)|N
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[Note: When there is intent to defraud or deceive, add the following element:]
Current text
[Note: When there is intent to defraud or deceive, add the following element:]
38.b.(3)(d)
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That the accused used or possessed the pass, permit, discharge certificate, or identification card with intent to defraud or deceive.
Current text
That the accused used or possessed the pass, permit, discharge certificate, or identification card with intent to defraud or deceive.
38.c.
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Explanation.
Current text
Explanation.
38.c.(1)
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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.
Current text
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.
38.c.(2)
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Intent to defraud or deceive.
See subparagraphs 70.c.(14) and (15).
Current text
Intent to defraud or deceive.
See subparagraphs 70.c.(14) and (15).
38.d.
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Maximum punishment.
Current text
Maximum punishment.
38.d.(1)
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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.
Current text
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.
38.d.(2)
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All other cases.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Current text
All other cases.
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
38.e.
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Sample specification s.
Current text
Sample specification s.
38.e.(1)
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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 _________.
Current text
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 _________.
38.e.(2)
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Original text
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).
Current text
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).
38.e.(3)
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Original text
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).
Current text
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).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.