§ Article 105 : Forgery

Article 105 of the UCMJ (10 U.S.C. § 905) punishes forgery — falsely making or altering a signature or writing that would, if genuine, create or change a legal liability or right to another’s prejudice, or knowingly uttering, offering, issuing, or transferring such a document, done with intent to defraud.

Who It Applies To

Any person subject to the UCMJ who, with intent to defraud, falsely makes or alters a signature or any part of a writing that would, if genuine, apparently impose a legal liability on another person or change that person’s legal right or liability to their prejudice; or who utters, offers, issues, or transfers such a writing, knowing it to be falsely made or altered.

What It Covers

Forgery by making or altering

1. The accused falsely made or altered a certain signature or writing.
2. The signature or writing was of a nature that would, if genuine, apparently impose a legal liability on another or change another’s legal rights or liabilities to that person’s prejudice.
3. The false making or altering was done with intent to defraud.

Forgery by uttering

1. A certain signature or writing was falsely made or altered.
2. The signature or writing was of a nature that would, if genuine, apparently impose a legal liability on another or change another’s legal rights or liabilities to that person’s prejudice.
3. The accused uttered, offered, issued, or transferred it.
4. The accused then knew it had been falsely made or altered.
5. The uttering, offering, issuing, or transferring was done with intent to defraud.

Key rules

• “False” refers to the making or altering of the writing, not its contents. Genuinely making a false instrument is not forgery. Signing one’s own name to a check on an account with no money or credit is not forgery (it may be an offense under Article 123a), and false recitals of fact in a genuine document are not forgery (they may be a false official statement under Article 107).
• Signing another person’s name without authority, with intent to defraud, is forgery, even if the signature does not resemble the genuine one. Signing another’s name followed by “by” and one’s own signature, indicating claimed authority, is not forgery even if no authority exists.
• The writing must have real or apparent legal efficacy — for example, a check, promissory note, receipt, order for the delivery of money or goods, or military travel orders. A writing that could not impose legal liability, such as a mere letter of introduction, cannot be forged.
• An alteration must make a material change in the legal tenor of the writing, such as changing the date, amount, or place of payment.
• The intent to defraud need not be directed at anyone in particular, and it is immaterial that no one was actually defrauded.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Forgery concerns a falsely made or altered writing with legal effect. Article 107 addresses false official statements, including false content in a genuine document. Article 123a addresses writing a check without sufficient funds, and Article 105a addresses false military or official passes and identification cards.

What the Provision Does

Article 105 covers two forms of forgery — falsely making or altering a signature or writing, and knowingly uttering, offering, issuing, or transferring a writing so made or altered — and both require an intent to defraud. The writing must be one that would, if genuine, impose a legal liability on another or change another’s legal right or liability to that person’s prejudice.

History

Forgery appeared as Article 123 of the original 1950 UCMJ, codified at 10 U.S.C. § 923 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328) renumbered it as Article 105, effective January 1, 2019.

Sources

• 10 U.S.C. § 905 (Article 105, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 37
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C