Summary of changes

Article 131a — Subornation of perjury

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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.

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No changes recorded for this Article — its text is the same as the last Manual for Courts-Martial edition.
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Provisions
82.a. unchanged
Original text
Text of statute.
Current text
Text of statute.
82.a.(a) unchanged
Original text
IN GENERAL.—Any person subject to this chapter who induces and procures another person—
Current text
IN GENERAL.—Any person subject to this chapter who induces and procures another person—
82.a.(a)(1) unchanged
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to take an oath; and
Current text
to take an oath; and
82.a.(a)(2) unchanged
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to falsely testify, depose, or state upon such oath; shall, if the conditions specified in subsection (b) are satisfied, be punished as a court-martial may direct.
Current text
to falsely testify, depose, or state upon such oath; shall, if the conditions specified in subsection (b) are satisfied, be punished as a court-martial may direct.
82.a.(b) unchanged
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CONDITIONS.—The conditions referred to in subsection (a) are the following:
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CONDITIONS.—The conditions referred to in subsection (a) are the following:
82.a.(b)(1) unchanged
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The oath is administered with respect to a matter for which such oath is required or authorized by law.
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The oath is administered with respect to a matter for which such oath is required or authorized by law.
82.a.(b)(2) unchanged
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The oath is administered by a person having authority to do so.
Current text
The oath is administered by a person having authority to do so.
82.a.(b)(3) unchanged
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Upon the oath, the other person willfully makes or subscribes a statement.
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Upon the oath, the other person willfully makes or subscribes a statement.
82.a.(b)(4) unchanged
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The statement is material.
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The statement is material.
82.a.(b)(5) unchanged
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The statement is false.
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The statement is false.
82.a.(b)(6) unchanged
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When the statement is made or subscribed, the person subject to this chapter and the other person do not believe that the statement is true.
Current text
When the statement is made or subscribed, the person subject to this chapter and the other person do not believe that the statement is true.
82.b. unchanged
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Elements.
Current text
Elements.
82.b.(1) unchanged
Original text
That the accused induced and procured a certain person to take an oath or its equivalent and to falsely testify, depose, or state upon such oath or its equivalent concerning a certain matter;
Current text
That the accused induced and procured a certain person to take an oath or its equivalent and to falsely testify, depose, or state upon such oath or its equivalent concerning a certain matter;
82.b.(2) unchanged
Original text
That the oath or its equivalent was administered to said person in a matter in which an oath or its equivalent was required or authorized by law;
Current text
That the oath or its equivalent was administered to said person in a matter in which an oath or its equivalent was required or authorized by law;
82.b.(3) unchanged
Original text
That the oath or its equivalent was administered by a person having authority to do so;
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That the oath or its equivalent was administered by a person having authority to do so;
82.b.(4) unchanged
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That upon the oath or its equivalent said person willfully made or subscribed a certain statement;
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That upon the oath or its equivalent said person willfully made or subscribed a certain statement;
82.b.(5) unchanged
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That the statement was material;
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That the statement was material;
82.b.(6) unchanged
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That the statement was false; and
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That the statement was false; and
82.b.(7) unchanged
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That the accused and the said person did not then believe that the statement was true.
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That the accused and the said person did not then believe that the statement was true.
82.c. unchanged
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Explanation.
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Explanation.
82.c.(1) unchanged
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See subparagraph 81.c for applicable principles.
Current text
See subparagraph 81.c for applicable principles.
82.c.(2) unchanged
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“Induce and procure” means to influence, persuade, or cause.
Current text
“Induce and procure” means to influence, persuade, or cause.
82.c.(3) unchanged
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The word “oath” includes affirmation, and sworn includes affirmed. See 1 U.S.C. § 1.
Current text
The word “oath” includes affirmation, and sworn includes affirmed. See 1 U.S.C. § 1.
82.d. unchanged
Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
82.e. 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 __, procure __________ to commit perjury by inducing (him) (her), the said _____, to take a lawful (oath) (affirmation) in a (trial by court-martial of _____) (trial by a court of competent jurisdiction, to wit: _____ of _____) (deposition for use in a trial by _____ of __________) (_____) that (he) (she), the said _____, would (testify) (depose) (_____) truly, and to (testify) (depose) (_____) willfully, corruptly, and contrary to such (oath) (affirmation) in substance that _____, which (testimony) (deposition) (_____) was upon a material matter and which the accused and the said _____ did not then believe to be true.
Current text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, procure __________ to commit perjury by inducing (him) (her), the said _____, to take a lawful (oath) (affirmation) in a (trial by court-martial of _____) (trial by a court of competent jurisdiction, to wit: _____ of _____) (deposition for use in a trial by _____ of __________) (_____) that (he) (she), the said _____, would (testify) (depose) (_____) truly, and to (testify) (depose) (_____) willfully, corruptly, and contrary to such (oath) (affirmation) in substance that _____, which (testimony) (deposition) (_____) was upon a material matter and which the accused and the said _____ 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.