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: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, with intent to deceive, [sign an official (record) (return) (__________), to wit: __________] [make to __________, an official statement, to wit: __________], which (record) (return) (statement) (__________) was (totally false) (false in that __________), and was then known by the said __________ to be so false.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused (signed a certain official document) (made to (state the name of the person to whom the statement was allegedly made) a certain official statement), that is: (describe the document or statement as alleged);
(2) That such (document) (statement) was (totally false) (false in that (state the allegedly false matters);
(3) That the accused knew it to be false at the time (he) (she) (signed) (made) it; and
(4) That the false (document) (statement) was made with the intent to deceive.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Intent to deceive” means to purposely mislead, to cheat, to trick another, or to cause another to believe as true that which is false.
A statement is official when the maker is either acting in the line of duty or the statement bears a clear and direct relationship to the maker’s official military duties, or where the receiver is either a military member carrying out a military duty when the statement is made or a civilian necessarily performing a military function when the statement is made. The rank or status of the person intended to be deceived is immaterial if that person was authorized in the execution of a particular duty to require or receive the statement from the accused. (The Government may be the victim of this offense.)
(A statement may be made orally or in writing.)
(“Statements” include records, returns, regulations, orders, or other documents.)
NOTE 2: Civilian investigations. Unless occurring under one of the circumstances above, false statements to civilian law enforcement officials are not “official” and therefore are not punishable under Article 107.
NOTE 3: AAFES employees. If the accused is charged with making a false official statement to an AAFES employee, the military judge may give the following instruction:
AAFES employees who are in the performance of their duties are considered to be performing a military function.
NOTE 4. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent and Knowledge), is ordinarily applicable.
e. REFERENCES: “Exculpatory no” doctrine. Brogan v. US, 522 U.S. 398 (1998); US v. Solis, 46 MJ 31 (CAAF 1997); US v. Black, 47 MJ 146 (CAAF 1997); US v. Prater, 32 MJ 433 (CMA 1991); US v. Jackson, 26 M.J 377 (CMA 1988). Defining “official” statement. US v. Spicer, 71 M.J. 470 (CAAF 2013); US v. Capel, 71 M.J. 485 (CAAF 2013); AAFES employees. US v. Passut, 73 M.J. 27 (CAAF 2014).