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.

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.