UCMJ Article 106: Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official
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Article 106 punishes wrongfully and willfully posing as an officer, noncommissioned officer, petty officer, agent of superior authority, or government official. Impersonation with intent to defraud carries a dishonorable discharge and 3 years; all other impersonation, a bad-conduct discharge and 6 months. The impersonator need not gain anything and no one has to be fooled.
Impersonation with and without intent to defraud
10 U.S.C. § 906 has three subsections:
| Subsection | Offense | What it requires |
|---|---|---|
| (a) | Impersonation | Wrongfully and willfully impersonating an officer, noncommissioned officer, or petty officer; an agent of superior authority of one of the armed forces; or an official of a government |
| (b) | Impersonation with intent to defraud | The same impersonation, done "with intent to defraud" |
| (c) | Impersonating a government official without intent to defraud | Impersonating an official of a government by committing an act that exercises or asserts the authority of the office claimed |
Subsection (c) applies only to government officials, and it requires an act that exercises or asserts the authority of the claimed office, not merely claiming the title.
Before January 1, 2019, impersonation was an enumerated Article 134 offense (MCM 2016, ¶ 86). The Military Justice Act of 2016 moved it to Article 106 (Pub. L. 114-328, § 5417; MCM 2024, Appendix 17, analysis of ¶ 39). The pre-2019 Article 106 was spying, now Article 103.
Benefit, deception, and willfulness under ¶ 39
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 39.c:
- No benefit or victim needed. “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.”
- Willful. “Willful” means “with the knowledge that one is falsely holding one’s self out as such.” An honest mistake about one’s own status is not willful.
- Officer. The term “officer” has the meaning in 10 U.S.C. § 101(b)(1).
- Intent to defraud means an intent to obtain, through a misrepresentation, an article or thing of value and apply it to one’s own or another’s use, permanently or temporarily (¶ 70.c(14)).
The Manual’s sample specification shows how the impersonation is pleaded: by publicly wearing the uniform and insignia of a rank, or by showing someone else’s credentials.
Article 106 maximums: 3 years with intent to defraud, 6 months otherwise
From ¶ 39.d:
| Offense | Maximum |
|---|---|
| With intent to defraud | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
| All other cases | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
Insignia, passes, and property obtained by the deception
Wearing a decoration, badge, ribbon, or insignia one is not authorized to wear, without impersonating a person, is Article 106a. Using a false military pass or identification card is Article 105a. Obtaining property by the deception can also be larceny under Article 121.
Sources
- 10 U.S.C. § 906, Article 106, Impersonation of officer, noncommissioned or petty officer, or agent or official (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 39 and ¶ 70.c(14); Appendix 17, analysis of ¶ 39
General information about military law, not legal advice for any individual case.