Summary of changes
Article 106 — Impersonation of officer, noncommissioned or petty officer, or agent or official
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
22 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
39.a.
unchanged
Original text
Text of statute.
Current text
Text of statute.
39.a.(a)
unchanged
Original text
IN GENERAL.—
Any person subject to this chapter who, wrongfully and willfully, impersonates—
shall be punished as a court-martial may direct.
Current text
IN GENERAL.—
Any person subject to this chapter who, wrongfully and willfully, impersonates—
shall be punished as a court-martial may direct.
39.a.(a)(1)
unchanged
Original text
an officer, a noncommissioned officer, or a petty officer;
Current text
an officer, a noncommissioned officer, or a petty officer;
39.a.(a)(2)
unchanged
Original text
an agent of superior authority of one of the armed forces; or
Current text
an agent of superior authority of one of the armed forces; or
39.a.(a)(3)
unchanged
Original text
an official of a government;
Current text
an official of a government;
39.a.(b)
unchanged
Original text
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.
Current text
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.
39.a.(c)
unchanged
Original text
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.
Current text
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.
39.b.
unchanged
Original text
Elements.
Current text
Elements.
39.b.(1)
unchanged
Original text
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
Current text
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
39.b.(2)
unchanged
Original text
That the impersonation was wrongful and willful.
Current text
That the impersonation was wrongful and willful.
39.b.(2)|N
unchanged
Original text
[Note 1: If intent to defraud is in issue, add the following element:]
Current text
[Note 1: If intent to defraud is in issue, add the following element:]
39.b.(3)
unchanged
Original text
That the accused did so with the intent to defraud a certain person or organization in a certain manner.
Current text
That the accused did so with the intent to defraud a certain person or organization in a certain manner.
39.b.(3)|N
unchanged
Original text
[Note 2: If the accused is charged with impersonating an official of a certain government without an intent to defraud, use the following element:]
Current text
[Note 2: If the accused is charged with impersonating an official of a certain government without an intent to defraud, use the following element:]
39.c.
unchanged
Original text
Explanation .
Current text
Explanation .
39.c.(1)
unchanged
Original text
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.
Current text
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.
39.c.(2)
unchanged
Original text
Officer.
The term “officer” has the same meaning as that term carries in 10 U.S.C. § 101(b)(1).
Current text
Officer.
The term “officer” has the same meaning as that term carries in 10 U.S.C. § 101(b)(1).
39.c.(3)
unchanged
Original text
Willfulness.
“Willful” means with the knowledge that one is falsely holding one’s self out as such.
Current text
Willfulness.
“Willful” means with the knowledge that one is falsely holding one’s self out as such.
39.c.(4)
unchanged
Original text
Intent to defraud.
See subparagraph 70.c.(14).
Current text
Intent to defraud.
See subparagraph 70.c.(14).
39.d.
unchanged
Original text
Maximum punishment.
Current text
Maximum punishment.
39.d.(1)
unchanged
Original text
With intent to defraud. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
Current text
With intent to defraud. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
39.d.(2)
unchanged
Original text
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.
39.f.
unchanged
Original text
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.]
Current text
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.]
“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.