U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 906

Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent or official

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(a)In General.—Any person subject to this chapter who, wrongfully and willfully, impersonates—(1) an officer, a noncommissioned officer, or a petty officer;(2) an agent of superior authority of one of the armed forces; or(3) an official of a government;shall be punished as a court-martial may direct.(b)Impersonation With Intent to Defraud.—Any person subject to this chapter who, wrongfully, willfully, and with intent to defraud, impersonates any person referred to in paragraph (1), (2), or (3) of subsection (a) shall be punished as a court-martial may direct.(c)Impersonation of Government Official Without Intent to Defraud.—Any person subject to this chapter who, wrongfully, willfully, and without intent to defraud, impersonates an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have shall be punished as a court-martial may direct.(Added Pub. L. 114–328, title LX, § 5417, Dec. 23, 2016, 130 Stat. 2945.)Editorial NotesPrior Provisions

A prior section 906 was renumbered section 903 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 1951–2026 · leading case: Furman v. Georgia, 408 U.S. 238 (1972).
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Furman v. Georgia, 408 U.S. 238 (1972). · cites it 2× “[3] 10 U. S. C. § 906 . [4] R. I. Gen. Laws Ann.”
United States v. Curtis, 44 M.J. 106 (C.A.A.F. 1996). “The military justice system has no instruction as to a mandatory death sentence except as to Article 106, UCMJ, 10 USC § 906 . g. The military justice system does not allow the judge to overrule the sentence imposed by the jurors.”
United States v. Curtis, 32 M.J. 252 (1991). “Article 106, UCMJ, 10 USC § 906 , which is based on the law of war, applies not only to servicemembers but also to civilians.”
United States v. Terry Wayne Denson, Stephen Orlando & Joseph James Janish, Defendants- in Re United States of Am., 588 F.2d 1112 (5th Cir. 1979). “To our knowledge, the only federal statute that by its terms provides for a mandatory death penalty is 10 U.S.C.A. § 906 (spying in time of war), an Article of the Uniform Code of Military Justice.”
United States v. Gilbreath, 74 M.J. 11 (C.A.A.F. 2014). “It is not dissimilar from language elsewhere in the UCMJ directed to any “person,” which is directed toward the interaction of the military justice system and external persons. See, e.g., Article 48(a), UCMJ, 10 U.”
Rafi Dhakaa Khan v. Col. William L. Hart, 943 F.2d 1261 (10th Cir. 1991). “106 (spying in time of war), UCMJ; 10 U.S.C. § 906 . 7 . Art. 118(1) & (4) (premeditated murder & felony murder), UCMJ; 10 U.”
United States v. McCrary, 1 C.M.A. 1 (1951). “10 USCA § 906; 34 USCA §1431, et seq.; 38 USCA § 693g.”
United States v. Matthews, 13 M.J. 501 (1982). “The rules of evidence and procedure for courts-martial are prescribed by the Manual for Courts-Martial, which has been promulgated by Executive Order 11476, 19 June 1969, reprinted at 3 CFR, 1966-70 Comp.”
United States v. Keith, 1 C.M.A. 442 (1952). “See 8 USC § 80⅛; 10 USC §§ 906 , 1432. It follows that the rights of an accused person, whose invalid conviction of desertion is affirmed under the Government’s view, will be seriously affected, even though the sentence imposed is *450 amply supported by a conviction of some…”
United States v. Waldron, 11 M.J. 36 (1981). “” The Government argues that, unlike civilian jurors, court-martial members are free to adjudge any sentence they wish for all offenses under the Uniform Code, except spying and premeditated and felony murder, in violation of Articles 106 and 118(1) and (4), Uniform Code of…”
United States v. Wallace, 58 M.J. 759 (N.M.C.C.A. 2003). “106, UCMJ, 10 U.S.C. § 906 (establishing death as the mandatory punishment for spying); Art.”
Edward S. Dickenson v. Colonel James W. Davis, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, 245 F.2d 317 (10th Cir. 1957). “† Now 10 U.S.C.A. § 906 . †† Now 10 U.S.C.A. § 876 .”
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