UCMJ Article 105a
False or Unauthorized Pass Offenses
The MCM states under Article 105a (False or Unauthorized Pass Offenses) a service member may be subject to prosecution if they:
- wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card;
- wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized; or
- wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized.
In order to be prosecuted for the wrongful making, altering, counterfeiting, or tampering with a military or official pass, permit, discharge certificate, or identification card the prosecution must demonstrate the accused:
- wrongfully and falsely made, altered, counterfeited, or tampered with a certain military or official pass, permit, discharge certificate, or identification card; and
- knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
Wrongful sale, gift, loan, or disposition of a military or official pass, permit, discharge certificate, or identification card is applicable if it can be proven:
- the accused wrongfully sold, gave, loaned, or disposed of a certain military or official pass, permit, discharge certificate, or identification card;
- the pass, permit, discharge certificate, or identification card was false or unauthorized; and
- the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
A conviction of wrongful use or possession of a false or unauthorized military or official pass, permit, discharge certificate, or identification card is possible if the prosecution can prove:
- the accused wrongfully used or possessed a certain military or official pass, permit, discharge certificate, or identification card;
- the pass, permit, discharge certificate, or identification card was false or unauthorized; and
- the accused then knew that the pass, permit, discharge certificate, or identification card was false or unauthorized.
If the intent of the accused was to defraud or deceive, it must also be proven that the accused used or possessed the pass, permit, discharge certificate, or identification card with intent to defraud or deceive.
Understanding Article 105a (False or Unauthorized Pass Offenses) of the UCMJ
For the purposes of this article, Military or official pass, permit, discharge certificate, or identification card includes, as well as the more usual forms of these documents, all documents issued by any governmental agency for the purpose of identification and copies thereof. If any of these documents are deemed false or unauthorized and the accused possessed them with the intent to defraud or deceive, they are subject to prosecution.
Maximum Possible Punishment for Violations of Article 105a
Service members convicted of an Article 105a violation for possessing or using an unauthorized or false pass with intent to defraud or deceive, or making, altering, counterfeiting, tampering with, or selling an unauthorized pass or false pass face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. All other violation of Article 105a have a maximum sentence of bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
How do you defend against Article 105a False or Unauthorized Pass Offenses charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients
If you or someone you know is facing Article 105a charges for False or Unauthorized Pass Offenses, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.
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