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Video: Article 107 UCMJ False Official Statement Maximum Punishments

Video: Article 107 UCMJ False Official Statement Maximum Punishments

In this video, court-martial defense lawyer Michael Waddington discusses Article 107 UCMJ False Official Statement, its elements, definitions, and maximum punishments under the current UCMJ. Article 107 UCMJ False Official Statement is a serious offense that carries a maximum of five years in prison and a Dishonorable Discharge.

Article 107 of the Uniform Code of Military Justice (UCMJ) addresses the offense of making a False Official Statement. It’s a serious charge, as honesty and integrity are fundamental values in the military.

To be found guilty under Article 107, the following elements must be proven:

  1. Official Statement: The accused made a statement or signed a document considered “official.” This means it relates to their military duties or could impact government functions.
  2. Falsity: The statement or document was false in some particular aspect.
  3. Knowledge: The accused knew the statement was false when making it.
  4. Intent to Deceive: The false statement was made with the intention to mislead or deceive.

Intent to deceive is a key component of this offense. Simply making a mistake or unintentionally providing incorrect information isn’t enough for a conviction. The prosecution must prove the accused knowingly lied.

The penalties for violating Article 107 vary depending on the severity of the offense and the accused’s rank. They can range from reprimand and forfeiture of pay to dishonorable discharge and confinement.

It’s important for service members to understand the potential consequences of making false official statements. If you’re unsure about any information you provide, it’s always best to seek clarification or consult legal counsel before signing any documents.

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