10 U.S.C. § 905 — Art. 105. Forgery

Page 814 TITLE 10—ARMED FORCES § 904a (2) takes a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy the public record; shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5415, Dec. 23, 2016, 130 Stat. 2944.) Editorial Notes PRIOR PROVISIONS A prior section 904 was renumbered section 903b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 904a. Art. 104a. Fraudulent enlistment, appoint- ment, or separation Any person who— (1) procures his own enlistment or appoint- ment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or ap- pointment and receives pay or allowances thereunder; or (2) procures his own separation from the armed forces by knowingly false representa- tion or deliberate concealment as to his eligi- bility for that separation; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883; renum- bered § 904a, Pub. L. 114–328, div. E, title LX, § 5401(1), Dec. 23, 2016, 130 Stat. 2938.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 883 .......... 50:677. May 5, 1950, ch. 169, § 1 (Art. 83), 64 Stat. 134. In clauses (1) and (2), the words ‘‘means of’’ are omit- ted as surplusage. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 883 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 904b. Art. 104b. Unlawful enlistment, appoint- ment, or separation Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlist- ment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 884; renum- bered § 904b, Pub. L. 114–328, title LX, § 5401(1), Dec. 23, 2016, 130 Stat. 2938.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 884 .......... 50:678. May 5, 1950, ch. 169, § 1 (Art. 84), 64 Stat. 135. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 884 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 905. Art. 105. Forgery Any person subject to this chapter who, with intent to defraud— (1) 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 (2) utters, offers, issues, or transfers such a writing, known by him to be so made or al- tered; is guilty of forgery and shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 74, § 923; renum- bered § 905, Pub. L. 114–328, div. E, title LX, § 5401(12), Dec. 23, 2016, 130 Stat. 2939.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 923 .......... 50:717. May 5, 1950, ch. 169, § 1 (Art. 123), 64 Stat. 141. Editorial Notes PRIOR PROVISIONS A prior section 905 was renumbered section 898 of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 923 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. Page 815 TITLE 10—ARMED FORCES § 907 § 905a. Art. 105a. False or unauthorized pass of- fenses (a) WRONGFUL MAKING, ALTERING, ETC.—Any person subject to this chapter who, wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as a court-martial may direct. (b) WRONGFUL SALE, ETC.—Any person subject to this chapter who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge cer- tificate, or identification card, knowing that the pass, permit, discharge certificate, or identifica- tion card is false or unauthorized, shall be pun- ished as a court-martial may direct. (c) WRONGFUL USE OR POSSESSION.—Any person subject to this chapter who wrongfully uses or possesses a false or unauthorized military or of- ficial pass, permit, discharge certificate, or identification card, knowing that the pass, per- mit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5416, Dec. 23, 2016, 130 Stat. 2944.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 906. Art. 106. Impersonation of officer, non- commissioned or petty officer, or agent or of- ficial (a) IN GENERAL.—Any person subject to this chapter who, wrongfully and willfully, imper- sonates— (1) an officer, a noncommissioned officer, or a petty officer; (2) an agent of superior authority of one of the armed forces; or (3) an official of a government; shall be punished as a court-martial may direct. (b) IMPERSONATION WITH INTENT TO DEFRAUD.— Any person subject to this chapter who, wrong- fully, willfully, and with intent to defraud, im- personates any person referred to in paragraph (1), (2), or (3) of subsection (a) shall be punished as a court-martial may direct. (c) IMPERSONATION OF GOVERNMENT OFFICIAL WITHOUT INTENT TO DEFRAUD.—Any person sub- ject to this chapter who, wrongfully, willfully, and without intent to defraud, impersonates an official of a government by committing an act that exercises or asserts the authority of the of- fice that the person claims to have shall be pun- ished as a court-martial may direct. (Added Pub. L. 114–328, title LX, § 5417, Dec. 23, 2016, 130 Stat. 2945.) Editorial Notes PRIOR PROVISIONS A prior section 906 was renumbered section 903 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button Any person subject to this chapter— (1) who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel but- ton; and (2) who wrongfully wears such insignia, deco- ration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing; shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5418, Dec. 23, 2016, 130 Stat. 2945.) Editorial Notes PRIOR PROVISIONS A prior section 906a was renumbered section 903a of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 907. Art. 107. False official statements; false swearing (a) FALSE OFFICIAL STATEMENTS.—Any person subject to this chapter who, with intent to de- ceive— (1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or (2) makes any other false official statement knowing it to be false; shall be punished as a court-martial may direct. (b) FALSE SWEARING.—Any person subject to this chapter— (1) who takes an oath that— (A) is administered in a matter in which such oath is required or authorized by law; and (B) is administered by a person with au- thority to do so; and (2) who, upon such oath, makes or subscribes to a statement; if the statement is false and at the time of tak- ing the oath, the person does not believe the statement to be true, shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 71; Pub. L. 114–328, div. E, title LX, § 5419, Dec. 23, 2016, 130 Stat. 2946.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 907 .......... 50:701. May 5, 1950, ch. 169, § 1 (Art. 107), 64 Stat. 138.