§ Article 107 : False Official Statements; False Swearing

Article 107 of the UCMJ (10 U.S.C. § 907) covers two related offenses: signing a false official document or making a false official statement with intent to deceive, and falsely swearing to a statement under a lawfully administered oath without believing it to be true.

Who It Applies To

False official statements: any person subject to the UCMJ who, with intent to deceive, signs a false record, return, regulation, order, or other official document knowing it to be false, or who makes any other false official statement knowing it to be false.

False swearing: any person subject to the UCMJ who takes an oath required or authorized by law, administered by a person with authority to do so, and who makes or subscribes to a statement under that oath that is false, where the person does not believe the statement to be true at the time of taking the oath.

What It Covers

False official statement

1. The accused signed a certain official document or made a certain official statement.
2. The document or statement was false in certain particulars.
3. The accused knew it was false at the time of signing or making it.
4. The false document or statement was made with intent to deceive.

False swearing

1. The accused took an oath or its equivalent.
2. The oath was administered in a matter in which it was required or authorized by law.
3. It was administered by a person with authority to do so.
4. On that oath, the accused made or subscribed a certain statement.
5. The statement was false.
6. The accused did not then believe the statement to be true.

Key rules — false official statements

• Statements may be oral or written, and include records, returns, regulations, orders, and other documents.
• Official statements are those that affect military functions. The Manual describes three categories: statements made in the line of duty or bearing a clear and direct relationship to the accused’s official duties; statements made to a military member who is carrying out a military duty at the time; and statements made to a civilian who is necessarily performing a military function at the time.
• 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. The Government may be the victim.
• The statement need not be material, although materiality or immateriality may be evidence bearing on intent to deceive. Expected material gain is not an element.
• The accused must actually know the statement is false; actual knowledge may be proved by circumstantial evidence.

Key rules — false swearing

• False swearing does not include statements made in a judicial proceeding or course of justice, which fall under Article 131 (perjury).
• Unlike a false official statement, false swearing does not require intent to deceive, and the statement need not be official.
• An oath includes an affirmation where authorized.

Maximum Punishment

Maximum authorized punishment.

• False official statement: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
• False swearing: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Sentencing parameters. False official statement, Category 2 (1–36 months). False swearing, Category 1 (0–12 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

Perjury under Article 131 covers false testimony in a judicial proceeding or course of justice, and false statements subscribed under penalty of perjury. Falsely making or altering a writing with legal effect is addressed by Article 105, and tampering with an existing public record by Article 104.

What the Provision Does

Article 107 makes two forms of false statement separately punishable: a false official document or statement made with intent to deceive, which does not require an oath, and false swearing under a lawfully administered oath. The maximum confinement is 5 years for a false official statement and 3 years for false swearing.

History

False official statements appeared in Article 107 of the original 1950 UCMJ, codified at 10 U.S.C. § 907 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328, § 5419) rewrote the article, effective January 1, 2019, and added false swearing, which had previously been charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 907 (Article 107, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 41
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C