UCMJ Article 105: Forgery

Military operations run on paper and its electronic equivalents: leave forms, pay vouchers, contracts, orders, identification cards. When someone falsifies a signature or alters a document so it appears to carry legal force it never had, the harm reaches beyond a single transaction and into the reliability of the records the force depends on. Article 105 of the Uniform Code of Military Justice addresses that conduct as forgery.

Forgery is codified at 10 U.S.C. 905. The article was renumbered by the Military Justice Act of 2016, effective January 1, 2019; older references that call forgery “Article 123” predate that change. Under the current code, Article 123 covers offenses concerning Government computers, while forgery sits at Article 105. The substance of the offense, however, is long-settled: a false writing, made or used with intent to defraud, that would have legal significance if genuine.

Two ways the offense is committed

Article 105 reaches two related acts, and either one completes the crime:

  • False making or altering. Falsely making or altering any signature to, or any part of, a writing that would, if genuine, apparently impose a legal liability on another or change a legal right or liability to that person’s prejudice.
  • Uttering. Uttering, offering, issuing, or transferring such a writing, known by the person to have been falsely made or altered.

The first branch punishes the creation of the false document; the second punishes putting it into circulation. A person who never drafts a forged instrument but knowingly passes one is equally liable.

What the government must prove

For a false-making theory, the prosecution must prove beyond a reasonable doubt:

  • That the accused falsely made or altered a certain signature or writing.
  • That the writing would, if genuine, apparently impose a legal liability on another or change a legal right or liability to that person’s prejudice.
  • That the act was done with intent to defraud.

For an uttering theory, the prosecution must prove that the accused uttered, offered, issued, or transferred a writing, that the writing was falsely made or altered, that the accused knew it was falsely made or altered, that the writing would if genuine have the legal effect described above, and that the accused acted with intent to defraud.

Two features deserve emphasis. First, the writing must have apparent legal efficacy: a document that could not, even if real, affect anyone’s legal rights or liabilities is not the subject of forgery. Second, the offense is complete upon the false making or the uttering with intent to defraud. No one needs to be actually deceived, and no money or property needs to change hands.

Maximum punishment

The maximum punishment for forgery is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years. For offenses committed on or after December 27, 2023, sentencing at a general court-martial is determined by the military judge under the current sentencing framework, with the statutory and Manual maximum continuing to set the ceiling.

Possible defenses

  • Lack of intent to defraud, where the accused had no purpose to deceive or to gain an unlawful advantage.
  • No legal significance, where the writing, even if genuine, would not impose liability or alter a legal right, removing an essential element.
  • Genuine authority, where the accused actually had authority to sign or alter the document, so the making was not false.
  • Mistaken belief in authority or genuineness, where the accused honestly and reasonably believed the writing was authentic or that they were permitted to alter it.

Distinctions from related offenses

Forgery differs from making a false official statement under Article 107, which punishes a false statement itself rather than the creation or use of a false writing with apparent legal effect. It is also distinct from a worthless-check offense under Article 123a: a bad check is genuinely signed by its maker, and the wrong is the false promise of funds, whereas forgery involves a writing that falsely purports to be the act of another or to have been validly altered. Where a false writing is created but never completed or passed, the conduct may be charged as an attempt under Article 80.

Frequently asked questions

Does the document have to actually deceive someone?
No. The offense is complete once a writing is falsely made or uttered with intent to defraud and with the required apparent legal effect. Immediate detection does not defeat the charge.

What kinds of writings can be forged?
Any writing that would, if genuine, impose a legal liability on another or change a legal right or liability to that person’s prejudice. Checks, contracts, receipts, orders, and identification documents are typical examples; a writing with no legal effect is not.

Is intent to defraud always required?
Yes. Without intent to defraud, the act is not forgery. A document created with no fraudulent purpose, such as a sample or joke never meant to be relied upon, falls outside the article.

How is forgery different from a false official statement?
A false official statement under Article 107 is a lie, written or spoken, made in an official context. Forgery requires a false writing that purports to be another’s act or a valid alteration and that carries apparent legal significance.

What is the maximum confinement for forgery?
Five years, together with a dishonorable discharge and total forfeiture of pay and allowances.

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

Sources

  • 10 U.S.C. 905, Article 105 (Forgery): https://www.law.cornell.edu/uscode/text/10/905
  • 10 U.S.C. 905 via the U.S. House Office of the Law Revision Counsel: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section905
  • Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ

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