Page 505 - Trump Executive Orders 2017-2021

10208 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(2) That the impersonation was wrongful and willful.
[Note 1: If intent to defraud is in issue, add the following element:]
(3) That the accused did so with the intent to defraud a certain person or organization in a certain
manner.
[Note 2: If the accused is charged with impersonating an official of a certain government without
an intent to defraud, use the following element:]
(3) That the accused committed one or more acts which exercised or asserted the authority of
the office the accused claimed to have.
c. Explanation.
(1) Nature of offense. Impersonation does not depend upon the accused deriving a benefit from
the deception or upon some third party being misled, although this is an aggravating factor.
(2) Officer. The term "officer" has the same meaning as that term carries in 10 U.S.C. §
1 01 (b )(1 ).
(3) Wif!fulness. "Willful" means with the knowledge that one is falsely holding one's self out
as such.
( 4) Intent to defraud. See subparagraph 70.c.(14).
d. Aiaximum punishment.
(1) With intent to defraud. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 3 years.
(2) All other cases. Bad-conduct discharge, forfeiture of a11 pay and allowances, and
confinement for 6 months.
f. Sample specification.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20 __;, wrongfully and willfully
impersonate (a(n) (oflicer) (noncommissioned oflicer) (petty otlicer) (agent of superior authority)
of the (Army) (Navy) (Marine Corps) (Air Force) (Coast Guard)) (an of1icial of the Government
of by (publicly wearing the uniform and insignia of rank of a (lieutenant of the
____ _, '--__,))(showing the credentials of (_)[*with intent to defraud
__ by [**and (exercised) (asserted) the authority of __ by __
J
[*See subparagraph b note 1.]
[**See subparagraph b note 2.]

40. Article 106a (10 U.S.C. 906a)-Wearing unauthorized insignia, decoration, badge,
ribbon, device, or lapel button
a Text ofstatute.
Any person subject to this chapter-
(1) who is not authorized to wear an insignia, decoration, badge, ribbon,
device, or lapel button; and
(2) who wrongfully wears such insignia, decoration, badge, ribbon, device, or
lapel button upon the person's uniform or civilian clothing;
shall be punished as a court-martial may direct.
b. Elements.
(I) That the accused wore a certain insignia, decoration, badge, ribbon, device, or lapel button
upon the accused's uniform or civilian clothing;
(2) That the accused was not authorized to wear the item; and
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(3) That the wearing was wrongfuL

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