UCMJ Article 105: Forgery

Forgery is falsely making or altering a signature or writing that, if genuine, would apparently create or change someone’s legal liability, or knowingly passing such a writing, with intent to defraud. The word “false” refers to who made the document, not to whether its contents are true: a genuine document full of lies is not a forgery. The maximum is a dishonorable discharge, forfeiture of all pay and allowances, and 5 years.

Making or altering, and uttering

Under 10 U.S.C. § 905, a person subject to the UCMJ commits forgery who, “with intent to defraud,” either “falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice,” or “utters, offers, issues, or transfers such a writing, known by him to be so made or altered.”

The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 37.b, splits these into forgery by making or altering and forgery by uttering. The uttering form requires that the accused knew the writing had been falsely made or altered; the accused need not have made it.

Before January 1, 2019, forgery was Article 123. The Military Justice Act of 2016 renumbered it as Article 105 (Pub. L. 114-328, § 5401(12)); Article 123 now covers offenses concerning government computers.

“False” means falsely made, not false in content

Paragraph 37.c(2) draws the line with three examples:

• Signing your own name as maker of a check on an account with no money is not forgery, even with intent to defraud. The check is what it purports to be. That conduct is addressed by Article 123a, bad checks.
• Signing another person’s name but adding “by” with your own signature, indicating authority to sign, is not forgery even if no such authority exists.
• A padded flight report, a genuine document with false facts in it, is not forgery. False recitals in a genuine official document point instead to false official statements under Article 107.

Paragraph 37.c(3) adds cases that are forgery: signing another’s name without authority; endorsing with your own name a check you know is payable to someone else with the same name; and signing a fictitious name.

Which writings can be forged

The writing must appear, on its face or from extrinsic facts, to impose a legal liability on another or change legal rights to someone’s prejudice: a check, a promissory note, a receipt, an order for delivery of money or goods, a ticket, or military orders directing travel (¶ 37.c(4)). A writing can be falsely made by printing, photography, filling in a paper signed in blank, or signing an instrument already written.

A document with neither real nor apparent legal effect cannot be forged; the Manual’s example is a mere letter of introduction, and an instrument invalid on its face also falls outside. But a false signature of another person on an operative instrument is forgery “even if there is no resemblance to the genuine signature and the name is misspelled.”

An alteration must make a material change in the writing’s legal effect, such as changing the date, amount, or place of payment on a note. If a genuine writing delivered to the accused is later found altered while in the accused’s possession, the factfinder may infer the accused altered it (¶ 37.c(6)).

Intent to defraud

The intent to defraud “need not be directed toward anyone in particular nor be for the advantage of the offender.” The Manual adds: “It is immaterial that nobody was actually defrauded, or that no further step was made toward carrying out the intent to defraud other than the false making or altering of a writing” (¶ 37.c(5)).

One 5-year maximum for making and uttering

Under ¶ 37.d, the maximum for either form is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Passes, larceny, and frauds against the government

Forging a military pass, permit, discharge certificate, or identification card is addressed specifically by Article 105a. Using a forged writing to take money or property can also be larceny under Article 121, and using one to obtain payment of a claim against the government can implicate Article 124, frauds against the United States.

Sources

• 10 U.S.C. § 905, Article 105, Forgery (Cornell LII)
• Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 37

General information about military law, not legal advice for any individual case.