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 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 and willfully impersonate (a(n) (officer) (noncommissioned officer) (petty officer) (agent of superior authority) of the (Army) (Navy) (Marine Corps) (Air Force) (Coast Guard)) (an official of the Government of __________) by (publicly wearing the uniform and insignia of rank of a (lieutenant of the __________) (__________)) (showing the credentials of __________) (__________) [with intent to defraud __________ by __________] [and (exercised) (asserted) the authority of __________ by __________].
c. ELEMENTS:
(1) That (state the time and place alleged), the accused impersonated (a) (an) [(officer) (noncommissioned officer) (petty officer) (agent of superior authority of the state the armed force alleged)(official of the Government of __________)]; (and)
(2) That this impersonation was wrongful and willful; [and]
NOTE 2: Intent to defraud alleged. If the aggravating factor of intent to defraud is alleged, give element (3) below.
[(3)] That the accused did so with the intent to defraud (state the name of the alleged victim) by (state the manner in which the victim was allegedly defrauded).
NOTE 3: If the accused is charged with impersonating an official of a certain government without an intent to defraud, give element (3) below:
[(3)] That the accused committed one or more acts which exercised or asserted the authority of the office the accused claimed to have by __________.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Officer” means a commissioned or warrant officer.
“Impersonate” means to assume or to act the person or role of another.
“Willful” means with the knowledge that one is falsely holding one’s self out as such.
“Wrongful” means without legal excuse or justification.
NOTE 4: Intent to defraud alleged. Give the following definition if intent to defraud is alleged:
“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.
NOTE 5: Actual deception or derivation of a benefit not required. As the crime of impersonation does not require either the actual deception of others or the accused deriving a benefit from the impersonation (US v. Messenger, 6 CMR 21 (CMA 1952)), the following instruction may be helpful:
(There is no requirement that the accused or anyone else benefit from (his) (her) impersonation.) (There is (also) no requirement that anyone actually be deceived by the accused’s actions.)
NOTE 6: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable when intent to defraud is alleged.
e. REFERENCES: Cases discussing when overt acts, or asserting or exercising the office must be pled and proved: US v. Pasha, 24 MJ 87 (CMA 1987); US v. Yum, 10 MJ 1 (CMA 1980) (concurring opinion); US v. Frisbie, 29 MJ 974 (AFCMR 1990).