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Punitive Articles of the UCMJ
Article 134 - (Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official)
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Text.

See Paragraph 60.

Elements.

(1) That the accused impersonated a commissioned, warrant, noncommissioned, or petty officer, or an agent of superior authority of one of the armed forces of the United States, or an official of a certain government, in a certain manner;

(2) That the impersonation was wrongful and willful; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Note 1: If intent to defraud is in issue, add the following additional element after (2), above: That the accused did so with the intent to defraud a certain person or organization in a certain manner;.

Note 2: If the accused is charged with impersonating an official of a certain government without an intent to defraud, use the following additional element after (2) above: That the accused committed one or more acts which exercised or asserted the authority of the office the accused claimed to have;.

Explanation.

(1) 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.

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

(3) Intent to defraud. See paragraph 49c(14).

Lesser included offenses. Article 80—attempts

Maximum punishment. Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official.

(1) With intent to defraud. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(2) All other cases. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Next Article > Article 134 - (Indecent acts or liberties with a child) >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 86

 

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