NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT:
(1) With intent to deceive or defraud: DD, TF, 3 years, E-1. (Category 2)
(2) Other cases: BCD, TF, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did (at/on board—location), on or about __________, wrongfully (use) (possess) (with intent to (defraud) (deceive)) (a certain instrument purporting to be) (a) (an) (another’s) (naval) (military) (official) (pass) (permit) (discharge certificate) (identification card) (__________), (he) (she), the said ________, then well knowing the same to be (false) (unauthorized).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused wrongfully (used) (possessed) a military or official (pass) (permit) (discharge certificate) (identification card), to wit: (state the terms of the instrument as alleged);
(2) That the (pass) (permit) (discharge certificate) (identification card) was (false) (or) (unauthorized); (and)
(3) That the accused then knew that the (pass) (permit) (discharge certificate) (identification card) was (false) (or) (unauthorized); [(and)]
NOTE 2: Intent to defraud or deceive alleged. If alleged, add the following element:
[(4)] That the accused (used) (possessed) the (pass) (permit) (discharge certificate) (identification card) with an intent to (defraud) (or) (deceive).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Wrongfully” means without legal excuse or justification.
Military or official pass, permit, discharge certificate, or identification card includes, as well as more usual forms of these documents, all documents issued by any governmental agency for the purposes of identification, as well as copies thereof.
NOTE 3: Intent to deceive or defraud alleged. If alleged, give one or both of the below definitions as applicable.
“Intent to defraud” means an intent to obtain, through a misrepresentation, an article or thing of value and to apply it to one’s own use and benefit or to the use and benefit of another, either permanently or temporarily.
“Intent to deceive” means an intent to mislead, cheat, or trick another by means of a misrepresentation made for the purpose of gaining an advantage for oneself or for a third person, or of bringing about a disadvantage to the interests of the person to whom the representation was made or to interests represented by that person.
NOTE 4: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent and Knowledge), is ordinarily applicable.