Page 503 - Trump Executive Orders 2017-2021

10206 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

certificate, or identification card, knowing that the pass, permit, discharge certificate, or
identification card is false or unauthorized, shall be punished as a court-martial may direct.
(c) WRONGFUL USE OR POSSESSION.-Any person subject to this chapter who
wrongfully uses or possesses a false or unauthorized military or official pass, permit,
discharge certificate, or identification card, knowing that the pass, permit, discharge
certificate, or identification card is false or unauthorized, shall be punished as a court-
martial may direct.
b. Elements.
(1) Wrongful making, altering, counteJ:feiting, or tampering with a militmy or qfficial pass.
permit, discharge certificate, or identification card.
(a) That the accused wrongfully and falsely made, altered, counterfeited, or tampered with
a certain military or official pass, permit, discharge certificate, or identification card; and
(b) That the accused then knew that the pass, permit, discharge certificate, or identification
card was false or unauthorized.
(2) Wrongful sale, gift, loan, or di.'lposition l?f a military or t?fficial pass, permit, disch1..1rge
cert{ficate, or ident!fication card.
(a) That the accused wrongfully sold, gave, loaned, or disposed of a certain military or
official pass, permit, discharge certificate, or identification card;
(b) That the pass, permit, discharge certificate, or identification card was false or
unauthorized; and
(c) That the accused then knew that the pass, permit, discharge certificate, or identification
card was false or unauthorized.
(3) Wrongful use or possession of a false or unauthorized militmy or (ifjicial pass, permit,
discharge cert~ficate, or iden~fication card.
(a) That the accused wrongfully used or possessed a certain military or otlicial pass, permit,
discharge certificate, or identification card;
(b) That the pass, permit, discharge certificate, or identification card was false or
unauthorized; and
(c) That the accused then knew that the pass, pennit, discharge certificate, or identification
card was false or unauthorized.
[Note: When there is intent to defraud or deceive, add the following element:]
(d) That the accused used or possessed the pass, pennit, discharge certificate, or
identification card with intent to defraud or deceive.
c. Explanation.
( 1) In general. Military or official pass, permit, discharge certificate, or identification card
includes, as well as the more usual forms of these documents, all documents issued by any
governmental agency for the purpose of identification and copies thereof.
(2) Intent to deftmtd or deceive. See subparagraphs 70.c.(l4) and (15).
d. lvfaximum punishment.
( 1) Possessing or using with intent to deft'Clltd or deceive, or making, altering, counte1jeiting,
tampering with, or selling. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 3 years.
(2) All other cases. Bad-conduct discharge, forfeiture of all pay and allowances, and
confinement for 6 months.
e. Sample spec~fications.
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