Summary of changes

Article 107 — False official statements; false swearing

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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 42 unchanged
No changes recorded for this Article — its text is the same as the last Manual for Courts-Martial edition.
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Provisions
41.a. unchanged
Original text
Text of statute.
Current text
Text of statute.
41.a.(a) unchanged
Original text
FALSE OFFICIAL STATEMENTS.—Any person subject to this chapter who, with intent to deceive—
Current text
FALSE OFFICIAL STATEMENTS.—Any person subject to this chapter who, with intent to deceive—
41.a.(a)(1) unchanged
Original text
signs any false record, return, regulation, order, or other official document, knowing it to be false; or
Current text
signs any false record, return, regulation, order, or other official document, knowing it to be false; or
41.a.(a)(2) unchanged
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makes any other false official statement knowing it to be false; shall be punished as a court-martial may direct.
Current text
makes any other false official statement knowing it to be false; shall be punished as a court-martial may direct.
41.a.(b) unchanged
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FALSE SWEARING.—Any person subject to this chapter—
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FALSE SWEARING.—Any person subject to this chapter—
41.a.(b)(1) unchanged
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who takes an oath that—
Current text
who takes an oath that—
41.a.(b)(1)(A) unchanged
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is administered in a matter in which such oath is required or authorized by law; and
Current text
is administered in a matter in which such oath is required or authorized by law; and
41.a.(b)(1)(B) unchanged
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is administered by a person with authority to do so; and
Current text
is administered by a person with authority to do so; and
41.a.(b)(2) unchanged
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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.
Current text
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.
41.b. unchanged
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Elements.
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Elements.
41.b.(1) unchanged
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False official statements.
Current text
False official statements.
41.b.(1)(a) unchanged
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That the accused signed a certain official document or made a certain official statement;
Current text
That the accused signed a certain official document or made a certain official statement;
41.b.(1)(b) unchanged
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That the document or statement was false in certain particulars;
Current text
That the document or statement was false in certain particulars;
41.b.(1)(c) unchanged
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That the accused knew it to be false at the time of signing it or making it; and
Current text
That the accused knew it to be false at the time of signing it or making it; and
41.b.(1)(d) unchanged
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That the false document or statement was made with the intent to deceive.
Current text
That the false document or statement was made with the intent to deceive.
41.b.(2) unchanged
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False swearing.
Current text
False swearing.
41.b.(2)(a) unchanged
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That the accused took an oath or equivalent;
Current text
That the accused took an oath or equivalent;
41.b.(2)(b) unchanged
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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;
Current text
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;
41.b.(2)(c) unchanged
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That the oath or equivalent was administered by a person having authority to do so;
Current text
That the oath or equivalent was administered by a person having authority to do so;
41.b.(2)(d) unchanged
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That upon this oath or equivalent the accused made or subscribed a certain statement;
Current text
That upon this oath or equivalent the accused made or subscribed a certain statement;
41.b.(2)(e) unchanged
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That the statement was false; and
Current text
That the statement was false; and
41.b.(2)(f) unchanged
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That the accused did not then believe the statement to be true.
Current text
That the accused did not then believe the statement to be true.
41.c. unchanged
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Explanation.
Current text
Explanation.
41.c.(1) unchanged
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False official statements.
Current text
False official statements.
41.c.(1)(a) unchanged
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Statements.
Statements may be made orally or in writing and include records, returns, regulations, orders, or other documents.
Current text
Statements.
Statements may be made orally or in writing and include records, returns, regulations, orders, or other documents.
41.c.(1)(b) unchanged
Original text
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:
Current text
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:
41.c.(1)(b)(i) unchanged
Original text
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;
Current text
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;
41.c.(1)(b)(ii) unchanged
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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
Current text
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
41.c.(1)(b)(iii) unchanged
Original text
where the accused makes a statement to a civilian who is necessarily performing a military function at the time the accused makes the statement.
Current text
where the accused makes a statement to a civilian who is necessarily performing a military function at the time the accused makes the statement.
41.c.(1)(c) unchanged
Original text
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.
Current text
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.
41.c.(1)(d) unchanged
Original text
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.
Current text
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.
41.c.(1)(e) unchanged
Original text
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.
Current text
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.
41.c.(1)(f) unchanged
Original text
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.
Current text
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.
41.c.(2) unchanged
Original text
False swearing.
Current text
False swearing.
41.c.(2)(a) unchanged
Original text
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.
Current text
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.
41.c.(2)(b) unchanged
Original text
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.
Current text
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.
41.d. unchanged
Original text
Maximum punishment.
Current text
Maximum punishment.
41.d.(1) unchanged
Original text
False official statement.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
False official statement.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
41.d.(2) unchanged
Original text
False swearing.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
Current text
False swearing.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
41.e. unchanged
Original text
Sample specification s.
Current text
Sample specification s.
41.e.(1) unchanged
Original text
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.
Current text
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.
41.e.(2) unchanged
Original text
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.
Current text
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.

“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.