UCMJ Article 107: False Official Statements and False Swearing
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Article 107 contains two offenses. A false official statement is an official statement or signed document the accused knows is false, made with intent to deceive; the maximum is a dishonorable discharge and 5 years, and the falsehood need not be material. False swearing is a false statement under a lawful oath, outside a judicial proceeding, that the accused does not believe; the maximum is a dishonorable discharge and 3 years, with no intent to deceive or officiality required.
Two subsections: official falsity and false oaths
10 U.S.C. § 907 has two subsections:
- (a) False official statements: a person who, “with intent to deceive,” signs any false record, return, regulation, order, or other official document knowing it to be false, or “makes any other false official statement knowing it to be false.”
- (b) False swearing: a person who takes an oath required or authorized by law, administered by someone with authority, and upon it makes or subscribes a statement, “if the statement is false and at the time of taking the oath, the person does not believe the statement to be true.”
False swearing became part of Article 107 in the Military Justice Act of 2016 (Pub. L. 114-328, § 5419); before 2019 it was an Article 134 offense.
When a statement is “official”
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 41.c(1)(b), defines official statements as those “that affect military functions,” and names three categories:
- a statement made while acting in the line of duty, or that bears a clear and direct relationship to the accused’s official duties;
- a statement to a military member who is carrying out a military duty at the time; or
- a statement to a civilian who is necessarily performing a military function at the time.
A statement can be oral or written and includes records, returns, orders, and other documents. The rank or status of the person deceived does not matter if that person was authorized to require or receive the statement, and the Manual adds: “The Government may be the victim of this offense” (¶ 41.c(1)(c)). For example, a false answer to a military investigator, a false entry on a travel voucher, or a false sign-in on a duty log can fit, if the other elements are proved.
Intent, materiality, and knowledge
For false official statements (¶ 41.c(1)(d)-(f)):
- Materiality is not an element. “It is not necessary that the false statement be material to the issue inquiry.” But a material falsehood “may be considered as some evidence of the intent to deceive, while immateriality may tend to show an absence of this intent.”
- Gain is not an element. Expecting a material gain, or not, is only circumstantial evidence of intent.
- Actual knowledge of falsity is required. “An honest, although erroneous, belief that a statement made is true, is a defense.”
False swearing
False swearing “does not include such statements made in a judicial proceeding or course of justice,” which are perjury under Article 131. Unlike a false official statement, “there is no requirement that the statement be made with an intent to deceive or that the statement be official” (¶ 41.c(2)(a)). A sworn statement given to an investigator outside a court-martial or Article 32 hearing is one setting in which it can arise. Authority to administer oaths is governed by Article 136 and R.C.M. 807; an affirmation counts as an oath.
5 years for a false official statement, 3 for false swearing
From ¶ 41.d:
| Offense | Maximum |
|---|---|
| False official statement | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| False swearing | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
Perjury and false claims
Lying under oath at a court-martial or an Article 32 hearing, about a material matter, is perjury (5 years). A false statement used to obtain payment from the government can also be frauds against the United States under Article 124, and altering or destroying the record itself is a public records offense under Article 104.
Sources
- 10 U.S.C. § 907, Article 107, False official statements; false swearing (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 41
General information about military law, not legal advice for any individual case.