UCMJ Article 107: False Swearing

A sworn statement carries weight because the person giving it has formally promised that it is true. When a service member takes a lawful oath and then makes a statement known to be false, the integrity of every process that relies on sworn testimony is undermined, whether or not the lie ever affects the outcome of a case. That conduct is false swearing, an offense under Article 107 of the Uniform Code of Military Justice, codified at 10 U.S.C. 907.

False swearing is sometimes mistaken for an Article 134 general-article offense, but it is not. Article 107 covers two related forms of dishonesty: false official statements in subsection (a) and false swearing in subsection (b). False swearing is the sworn counterpart to the false official statement, and it is distinct from perjury under Article 131, which addresses false testimony in a judicial proceeding or before a body authorized to hear evidence.

The elements the government must prove

Drawing on the statutory text of Article 107(b) and the Manual for Courts-Martial, the prosecution must establish each of the following beyond a reasonable doubt:

  1. That the accused took an oath or equivalent that was administered in a matter in which an oath is required or authorized by law.
  2. That the oath was administered by a person with authority to do so.
  3. That, upon that oath, the accused made or subscribed to a certain statement.
  4. That the statement was false.
  5. That the accused did not believe the statement to be true at the time of the oath.

Unlike general-article offenses, false swearing under Article 107 does not carry a separate terminal element requiring proof of prejudice to good order and discipline or service discredit.

Materiality is not required

The defining feature of false swearing is what it does not require. Unlike perjury, the false statement need not be material to any proceeding, and it need not affect the outcome of anything. A statement made under a lawful oath can support a false swearing charge even if it concerned a minor or collateral point. The offense protects the oath itself. What matters is that the accused swore to a statement, that the statement was false, and that the accused did not believe it to be true when the oath was taken.

Where false swearing arises

False swearing reaches sworn statements made outside the courtroom as well as within official processes that use oaths. Common settings include sworn statements in command or administrative investigations, sworn declarations in Inspector General matters, and affidavits submitted in official military proceedings. The statement may be oral or written; a false sworn affidavit is treated the same as false sworn oral testimony. The oath must be one required or authorized by law and administered by a person with authority to give it. A casual promise or an informal assurance is not a lawful oath and cannot support the charge.

Maximum punishment

Under the Manual for Courts-Martial, the maximum punishment for false swearing under Article 107 is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years, along with reduction to the lowest enlisted grade.

For offenses committed on or after 27 December 2023, sentencing proceeds under the standardized sentencing parameters and criteria, with the listed maximum serving as the ceiling.

Common defenses

Defenses to a false swearing charge usually contest belief, the oath, or the clarity of the statement:

  • Honest belief: the accused believed the statement was true when the oath was taken, which defeats the knowledge element.
  • No lawful oath: the oath was not required or authorized by law, or was not administered by a person with authority to give it.
  • Ambiguity: the statement was vague or reasonably subject to more than one understanding, so it cannot be shown to be knowingly false.
  • Truth: the statement was in fact true.

Distinctions from related offenses

The closest neighbor is perjury under Article 131. Perjury addresses false testimony given in a judicial proceeding or before a court, board, or officer authorized to hear evidence, and it generally requires the false statement to be material to the matter at hand. False swearing reaches sworn statements outside that judicial setting and does not require materiality.

False swearing also sits beside the false official statement offense in Article 107(a). A false official statement need not be made under oath; it requires an intent to deceive and a statement that is official in nature. False swearing requires a lawful oath but turns on the accused’s disbelief in the statement rather than on an official character. Depending on the facts, the same conduct may implicate more than one of these provisions.

Frequently asked questions

Is false swearing an Article 134 offense?
No. False swearing is part of Article 107, the same article that covers false official statements. It is not a general-article offense and does not carry a terminal element.

How is false swearing different from perjury?
Perjury under Article 131 involves false testimony in a judicial proceeding and generally requires materiality. False swearing under Article 107 reaches sworn statements outside that setting and does not require the statement to be material.

Does the false statement have to change the outcome of a case?
No. The offense lies in knowingly swearing to a false statement. Whether it affected any proceeding is not an element.

What if the accused thought the statement was true?
Then the offense is not made out. False swearing requires that the accused did not believe the statement to be true when the oath was taken.

Can false swearing occur in a written document?
Yes. A false sworn affidavit, declaration, or other document executed under a lawful oath qualifies, just as a false sworn oral statement does.

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. 907, Article 107, False official statements; false swearing: https://www.law.cornell.edu/uscode/text/10/907
  • 10 U.S.C. 931, Article 131, Perjury: https://www.law.cornell.edu/uscode/text/10/931
  • Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Military-Law/Current-Publications-and-Updates/
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ

Related:

  1. UCMJ Article 112a: Wrongful Use or Possession of Controlled Substances Few offenses are enforced more consistently across the armed forces than drug misconduct. A positive urinalysis can end a career, and the consequences reach service members on or off duty,......
  2. UCMJ Article 102: Forcing a Safeguard A safeguard is a promise made in the name of the United States. When a commander issues a safeguard, it protects designated persons, property, or places from harm by friendly......
  3. UCMJ Article 122: Robbery Robbery is theft committed face to face, with force or fear as the tool that overcomes the victim's will. That combination of taking and intimidation is why military law treats......
  4. UCMJ Article 89: Disrespect Toward or Assault of a Superior Commissioned Officer The relationship between a service member and a superior commissioned officer rests on a baseline of respect and physical safety. Article 89 of the Uniform Code of Military Justice protects......
  5. UCMJ Article 103: Spies Among the offenses in military law, few carry the gravity of spying in wartime. A person who infiltrates a military area under false colors to gather intelligence for an enemy......
  6. UCMJ Article 123a: Making, Drawing, or Uttering a Check Without Sufficient Funds A bounced check is usually a banking problem. It becomes a criminal one when the person who wrote it knew the account could not cover it and used it to......
  7. UCMJ Article 131c: Misprision of a Serious Offense A service member who learns that someone has committed a serious crime, and then takes steps to hide it, can be prosecuted under Article 131c of the Uniform Code of......
  8. UCMJ Article 118: Murder Murder is the most serious offense in the military justice system, and it is one of the few that can expose a service member to the death penalty. Article 118......
  9. 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......
  10. UCMJ Article 129: Burglary For most of its history, burglary in military law carried the old common-law trappings: it had to involve a dwelling house, and it had to happen at night. That is......
  11. UCMJ Article 109a: Mail Matter: Wrongful Taking or Opening For deployed service members and their families, the mail is often a lifeline. A unit mailroom may hold birthday packages, official correspondence, prescription medications, and letters that carry real weight......
  12. UCMJ Article 84: Breach of Medical Quarantine When a contagious illness threatens a warship, a barracks, or a forward-deployed unit, commanders and medical officers can place affected personnel under quarantine to keep an outbreak from spreading. A......
  13. UCMJ Article 87b: Breach of Restriction Restriction is one of the milder forms of military restraint. It does not put a service member behind a locked door; it confines movement to defined limits, such as a......
  14. UCMJ Article 130: Stalking Repeated, unwanted attention can become a crime long before it turns into a physical attack. Following someone day after day, flooding a person with threatening messages, or watching their movements......
  15. UCMJ Article 134: Self-Injury Without Intent to Avoid Service Not every intentional self-injury in the military is treated the same way. The Uniform Code of Military Justice draws a line based on why the injury was inflicted. When a......