Article 106 UCMJ Impersonating An Officer NCO PO Agent Official

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 106 UCMJ Impersonating An Officer NCO PO Agent Official? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

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Note: This law applies only to Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official offenses committed on and after 1 January 2019.

What is Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official?

Article 106 of the UCMJ addresses the crime of impersonating an officer, noncommissioned officer, petty officer, agent, or official. This offense involves falsely representing oneself as one of these positions with the intent to deceive or gain an advantage. The penalties for such actions are severe, potentially including confinement, dishonorable discharge, and forfeiture of pay. Manual for Courts-Martial, United States (2024 ed.), Appendix 12C

For those accused of this crime, seeking representation from the best military defense lawyers is crucial. Skilled court-martial lawyers, like those at Gonzalez & Waddington, can navigate the complexities of military law, challenge the evidence, and protect the accused’s rights. Their expertise ensures a robust defense strategy, aiming for the best possible outcome.

Note: The maximum and minimum punishments for Article 106 UCMJ Impersonating An Officer NCO PO Agent Official vary depending on the date of the offense.

What are the Elements of Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official with the Intent to Defraud?

That (state the time and place alleged), the accused impersonated (a) (an)[(officer) (noncommissioned officer) (petty officer) (agent of superior authority of the state the armed force alleged)(official of the Government of __________)]; (and)(2) That this impersonation was wrongful and willful; and
That the accused did so with the intent to defraud (state the name of the alleged victim) by (state the manner in which the victim was allegedly defrauded).

What are the Elements of Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official?

That (state the time and place alleged), the accused impersonated (a) (an)[(officer) (noncommissioned officer) (petty officer) (agent of superior authority of the state the armed force alleged)(official of the Government of __________)]; (and)(2) That this impersonation was wrongful and willful; and
That the accused committed one or more acts which exercised or asserted the authority of the office the accused claimed to have by __________.

What are the Maximum Punishments for Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official with Intent to Defraud?

For offenses committed between 1 January 2019 and 27 December 2023:

3 Years of Confinement
Dishonorable Discharge, Bad Conduct Discharge
Total Forfeitures
Reduction to E-1

For offenses committed after 27 December 2023

Under the Sentencing Parameters, Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official with the Intent to Defraud is a Category 2 Offense – Confinement from 1-36 months (1 month to 3 years)
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

What are the Maximum Punishments for Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official?

For offenses committed between 1 January 2019 and 27 December 2023:

6 Months of Confinement
Bad Conduct Discharge
Total Forfeitures
Reduction to E-1

For offenses committed after 27 December 2023

Under the Sentencing Parameters, Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official is a Category 1 Offense – Confinement from 0-12 months
Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

Sample Specification for Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official

In that Pvt Dale Carnage, US Marine Corps, did, at or near Oceanside, California, on or about 2 June 2025, wrongfully and willfully impersonate an officer of the Marine Corps by publicly wearing the uniform and insignia of rank of a lieutenant of the Marine Corps with intent to defraud Billy Shopkeeper by collecting money and donations for Toys for Tots.

Model Specification for Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, 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 __________].

What are the Definitions for Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official?

“Officer” means a commissioned or warrant officer.

“Impersonate” means to assume or to act the person or role of another.

“Willful” means with the knowledge that one is falsely holding one’s self out as such.

“Wrongful” means without legal excuse or justification.

Intent to defraud alleged. Give the following definition if intent to defraud is alleged:

“Intent to defraud” means an intent to obtain, through a misrepresentation, an article or thing of value and to apply it to one’s own use and benefit or to the use and benefit of another, either permanently or temporarily.

Actual deception or derivation of a benefit not required. As the crime of impersonation does not require either the actual deception of others or the accused deriving a benefit from the impersonation (US v. Messenger, 6 CMR 21 (CMA 1952)), the following instruction may be helpful:

There is no requirement that the accused or anyone else benefit from (his) (her) impersonation.) (There is (also) no requirement that anyone actually be deceived by the accused’s actions.)

Legal References for Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official Military Defense Lawyers

Cases discussing when overt acts, or asserting or exercising the office must be pled and proved: US v. Pasha, 24 MJ 87 (CMA 1987); US v. Yum, 10 MJ 1 (CMA 1980) (concurring opinion); US v. Frisbie, 29 MJ 974 (AFCMR 1990).

Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official Military Defense Lawyers

If you are suspected or accused of Article 106 UCMJ Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official, speak with one of our experienced military court martial lawyers to discuss your case.

Article 106 UCMJ: Impersonating An Officer, Noncommissioned Officer, Petty Officer, Agent, or Official

Article 106 of the Uniform Code of Military Justice (UCMJ) addresses the offense of impersonating a commissioned officer, noncommissioned officer (NCO), petty officer (PO), agent, or official. This article ensures the integrity and trust within the military hierarchy by criminalizing actions involving deceit and authority misrepresentation.

Background of Article 106 UCMJ Impersonating An Officer NCO PO Agent Official

The military operates on a strict hierarchy and chain of command. Any disruption to this structure, such as impersonating an officer or official, can severely undermine discipline, trust, and effectiveness within the ranks. Article 106 was established to maintain the sanctity of military ranks and roles, ensuring that only those legitimately holding positions of authority can exercise their powers and responsibilities.

Basics of Article 106 UCMJ Impersonating An Officer NCO PO Agent Official

To secure a conviction under Article 106, the prosecution must prove the following elements beyond a reasonable doubt:

Impersonation: The accused falsely pretended to be a commissioned officer, NCO, PO, agent, or official.
Knowledge: The accused knew that the impersonation was false.
Intent: The impersonation was done with the intent to deceive or defraud.
Conduct: The accused performed an act that furthered the false representation.

Collateral Consequences of a Article 106 UCMJ Impersonating An Officer NCO PO Agent Official Conviction

A conviction under Article 106 can lead to numerous collateral consequences, impacting various aspects of a service member’s life:

Employment Opportunities: A dishonorable or bad conduct discharge, coupled with the nature of the conviction, can significantly hinder post-military employment prospects.
Loss of Benefits: Convicted individuals may lose military benefits, including retirement pay, VA benefits, and healthcare.
Social Stigma: The stigma of a conviction for impersonating an officer can damage personal and professional relationships, leading to social isolation and mental health issues.
Legal Ramifications: The conviction may affect other legal matters, such as custody battles, where character and trustworthiness are questioned.

Implications for Military Order and Discipline

Impersonating an officer or official has serious implications for military order and discipline. The offense undermines the authority of legitimate officers and officials, disrupts the chain of command, and erodes trust among service members. Maintaining unambiguous authority within the military is crucial for operational effectiveness and morale.

Examples of Article 106 UCMJ Impersonating An Officer NCO PO Agent Official

Impersonation can take many forms within the military context:

Uniform and Insignia: Wearing the uniform and insignia of a higher rank or different role to gain access to restricted areas or command respect.
False Orders: Issuing false orders or directives under the guise of a higher-ranking officer to manipulate or control situations.
Deceptive Conduct: Engaging in activities that require the authority of the impersonated role, such as inspecting troops or making official decisions.

Legal Defenses for Article 106 UCMJ Impersonating An Officer NCO PO Agent Official

There are several potential defenses against charges under Article 106:

Lack of Intent: Demonstrating that the accused did not intend to deceive or defraud.
Actual Authority: Proving that the accused was entitled to the rank or position they were accused of impersonating.
Insufficient Evidence: Challenging the prosecution’s evidence to show that the impersonation did not occur as alleged.

Preventive Measures for Article 106 UCMJ Impersonating An Officer NCO PO Agent Official

The military takes several measures to prevent impersonation, including:

Education and Training: Regular training on the importance of rank and authority and the consequences of impersonation.
Security Protocols: Strict protocols for verifying identities and ranks, especially in sensitive or restricted areas.
Uniform Regulations: Clear and enforceable regulations on wearing uniforms and insignia to prevent unauthorized use.

Military Defense Lawyers for Article 106 UCMJ Impersonating An Officer NCO PO Agent Official

Article 106 of the UCMJ is crucial for maintaining integrity and trust within the military hierarchy. Impersonating an officer, NCO, PO, agent, or official undermines legitimate leaders’ authority, disrupts the chain of command, and erodes trust among service members. The severe punishments and collateral consequences reflect the gravity of this offense, underscoring the importance of clear and legitimate authority in the military.