UCMJ Article 106: Impersonation of Officer, Noncommissioned, Petty Officer, 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 the 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 or impersonate an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have.

To be convicted of an Article 106 violation, the prosecution must demonstrate:

1. the accused impersonated an officer, noncommissioned officer, petty officer, or an agent of superior authority of one of the armed forces, or an official of a specific government in a particular manner; and

2. the impersonation was wrongful and willful.

Suppose the accused is being charged with impersonation with an intent to defraud. In that case, the prosecution must also effectively demonstrate the accused did so with the intent to defraud a specific person or organization in a particular manner.

Suppose the accused is being charged with impersonating an official of a particular government without an intent to defraud. In that case, the caveat of the accused committing one or more acts that 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 knowing 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 intending to defraud face a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years. Those convicted of all other Article 106 charges face the maximum possible punishment of bad-conduct discharge, forfeiture of all pay and allowances, and confinement for three 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 23 years of experience in military law and a sought-after speaker and lecturer on martial 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 various matters and a diverse background of clients.

Suppose you or someone you know is facing Article 106 charges for Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official. In that case, you must speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.