Article 105: Forgery Under the UCMJ
Forgery under Article 105 is about whether a writing is genuine, not whether what it says is true. It has two forms: falsely making or altering a signature or writing that would, if genuine, impose a legal liability on another or change another’s legal rights to their prejudice; and knowingly uttering such a writing. Both require intent to defraud. A genuine document containing false statements is not forgery. The maximum is a dishonorable discharge, total forfeitures, and 5 years.
The statute
10 U.S.C. § 905 reaches any person subject to the UCMJ who, “with intent to defraud”:
- “falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice”; or
- “utters, offers, issues, or transfers such a writing, known by him to be so made or altered.”
The section was Article 123 (10 U.S.C. § 923) until the Military Justice Act of 2016 renumbered it as § 905, effective January 1, 2019 (Cornell LII source note). Pre-2019 cases cite forgery as Article 123.
Two offenses, not three
| Offense | Elements (MCM 2024, Part IV, ¶ 37.b) |
|---|---|
| Making or altering | The accused falsely made or altered a signature or writing; it was of a nature that, if genuine, would apparently impose a legal liability on another or change another's legal rights or liabilities to that person's prejudice; and the making or altering was with intent to defraud |
| Uttering | A signature or writing was falsely made or altered; it had that apparent legal effect; the accused uttered, offered, issued, or transferred it; knowing it was falsely made or altered; with intent to defraud |
Signing another person’s name without authority is not a third offense. It is one way of falsely making a writing: “Signing the name of another to an instrument having apparent legal efficacy without authority and with intent to defraud is forgery as the signature is falsely made” (¶ 37.c(3)).
“False” means the making, not the contents
The Manual’s central point (¶ 37.c(2)): “‘False’ refers not to the contents of the writing or to the facts stated therein but to the making or altering of it.” Three of its examples:
- A person who signs his or her own name to a check on an account with no money or credit does not commit forgery; the check “is what it purports to be.” That conduct is addressed by the bad-check article (MCM ¶ 70).
- Signing another person’s name but adding “by” and one’s own signature, showing claimed authority, “is not forgery even if no such authority exists.”
- “False recitals of fact in a genuine document, as an aircraft flight report which is ‘padded’ by the one preparing it, do not make the writing a forgery.” The Manual points instead to false official statements under Article 107.
The Manual also gives examples of what is forgery: indorsing a check payable to someone else of the same name with one’s own name, knowing it belongs to the other person; and signing a fictitious name as drawer of a check (¶ 37.c(3)).
What kind of writing
The writing must, if genuine, apparently impose a legal liability on another or change legal rights or liabilities to someone’s prejudice. The Manual’s examples include checks, promissory notes, receipts, orders for delivery of money or goods, railroad tickets, and “military orders directing travel” (¶ 37.c(4)). A writing can be falsely “made” by altering an existing one, filling in a paper signed in blank, or signing an instrument already written, whether printed, handwritten, or produced by photography or another device.
There is no forgery if the instrument has “neither real nor apparent legal efficacy,” such as one invalid on its face, or “a mere letter of introduction.” But a falsely made signature is forgery “even if there is no resemblance to the genuine signature and the name is misspelled.”
Alteration and intent
- Alteration must make “a material change in the legal tenor of the writing,” such as changing the date, amount, or place of payment on a note. If a genuine writing was delivered to the accused and later found altered while in the accused’s possession, “it may be inferred that the writing was altered by the accused” (¶ 37.c(6)).
- Intent to defraud “need not be directed toward anyone in particular nor be for the advantage of the offender.” It is “immaterial that nobody was actually defrauded,” or that nothing further was done after the false making (¶ 37.c(5)).
Maximum punishment
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years (¶ 37.d), for both forms. Appendix 12C assigns forgery to Category 2 (1 to 36 months under Appendix 12B) for offenses where all findings of guilty are for conduct after December 27, 2023.
Related offenses
False passes, permits, and similar documents have their own article, Article 105a. Altering or destroying a public record is Article 104.
Sources
- 10 U.S.C. § 905 (Article 105), with source note: statute text at Cornell LII
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 37 (Forgery); Appendixes 12B and 12C
This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content. If you are facing charges under the UCMJ or need legal guidance regarding military justice matters, consult a qualified military defense attorney.