UCMJ Article 106
Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official
The MCM states under Article 106 (Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official) any service member may be prosecuted if they willfully and wrongfully impersonate an officer, a noncommissioned officer, a petty officer, an agent of superior authority of one of the armed forces, or a government official. The impersonation may or may not be conducted with the intent to defraud. A service member may also be charged with an Article 106 violation if they 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 office that the person claims to have.
In order to be convicted of an Article 106 violation, the prosecution must demonstrate:
- the accused impersonated an officer, noncommissioned officer, or petty officer, or an agent of superior authority of one of the armed forces, or an official of a certain government, in a certain manner; and
- the impersonation was wrongful and willful.
If the accused is being charged with impersonation with an intent to defraud, the prosecution must also effectively demonstrate the accused did so with the intent to defraud a certain person or organization in a certain manner.
If the accused is being charged with impersonating an official of a certain government without an intent to defraud, the caveat of the accused committed one or more acts which exercised or asserted the authority of the office the accused claimed to have must be added to the charges.
Understanding Article 106 (Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official) of the UCMJ
The 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. The factor of willfulness refers to the accused having knowledge they are falsely presenting themselves as someone they are not.
Maximum Possible Punishment for Violations of Article 106
Service members convicted of an Article 106 violation with the intent to defraud face a maximum punishment dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. Those convicted of all other Article 106 charges face a maximum possible punishment of bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 3 years.
How do you defend against Article 106 Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official 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 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service.
If you or someone you know is facing Article 106 charges for Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official, 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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