UCMJ Article 107 False Official Statements vs Article 134 False Swearing: Administrative Lies vs Oath Violations
On this page: 8 sections
False official statements and false swearing are no longer offenses under two different articles. Before 2019, Article 107 covered only false official statements, and false swearing was an Article 134 offense. Since January 1, 2019, false swearing has been part of Article 107 itself, as subsection (b), next to false official statements in subsection (a). The difference between them now sits inside one article: a false official statement needs an official statement and an intent to deceive; false swearing needs a lawful oath and a statement the speaker does not believe.
One article, two subsections
Subsection (a), False Official Statements, reaches any person subject to the UCMJ who, with intent to deceive:
(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or
(2) makes any other false official statement knowing it to be false
Subsection (b), False Swearing, reaches a person who takes an oath that:
(A) is administered in a matter in which such oath is required or authorized by law; and
(B) is administered by a person with authority to do so; and
(2) who, upon such oath, makes or subscribes to a statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true
Source: 10 U.S.C. § 907 (Article 107), as amended by Pub. L. 114-328, § 5419, effective January 1, 2019.
What each offense requires
| False official statement, 107(a) | False swearing, 107(b) | |
|---|---|---|
| Oath | Not required | Required, administered by a person with authority, in a matter where an oath is required or authorized by law |
| Must the statement be "official"? | Yes | No |
| Intent to deceive | Required | Not required |
| Mental state about falsity | The accused actually knew it was false | The accused did not believe it to be true |
| Materiality | Not required | Not required |
| Maximum confinement | 5 years | 3 years |
The Manual for Courts-Martial states the contrast in one sentence: for false swearing, “there is no requirement that the statement be made with an intent to deceive or that the statement be official” (MCM, Part IV, ¶ 41.c(2)(a)).
What makes a statement “official”
The Manual describes official statements as “those that affect military functions” and gives three categories (¶ 41.c(1)(b)):
- a statement made while acting in the line of duty, or one bearing a clear and direct relationship to the accused’s official duties;
- a statement made to a military member who is carrying out a military duty at the time;
- a statement made to a civilian who is necessarily performing a military function at the time.
Statements can be oral or written and include records, returns, regulations, orders, and other documents (¶ 41.c(1)(a)). The rank of the person deceived does not matter if that person was authorized to require or receive the statement, and the government itself can be the victim (¶ 41.c(1)(c)).
Knowledge, intent, and materiality under 107(a)
The false representation must be one the accused “actually knew was false.” An honest but mistaken belief that the statement was true is a defense (¶ 41.c(1)(f)).
Materiality is not an element. The Manual treats it as evidence instead: falsity about a material matter “may be considered as some evidence of the intent to deceive,” while immateriality “may tend to show an absence of this intent” (¶ 41.c(1)(d)). An expectation of material gain is not an element either, though it bears on intent (¶ 41.c(1)(e)).
Where false swearing ends and perjury begins
False swearing covers false sworn statements outside a judicial proceeding or course of justice. The Manual says it “does not include such statements made in a judicial proceeding or course of justice, as those are under Article 131, perjury” (¶ 41.c(2)(a)). A court-martial is a judicial proceeding, and course of justice includes a preliminary hearing under Article 32 (¶ 81.c(1)). A false sworn statement given in another setting where an oath is required or authorized by law is analyzed under Article 107(b).
An oath includes an affirmation when an affirmation is authorized in place of an oath (¶ 41.c(2)(b)).
How facts sort between the two
For example, a service member who signs a leave form claiming a family emergency that does not exist, knowing it is false and intending the approving officer to rely on it, fits 107(a): the form bears directly on official duties, no oath was taken, and the intent to deceive is the point of the false entry.
Change the setting: outside any court-martial or Article 32 hearing, the same service member swears to a statement before an official authorized by law to administer the oath and states a fact they do not believe to be true. That fits 107(b) whether or not anyone was deceived and whether or not the statement touched an official function. The same sworn falsehood given as testimony at a court-martial would be analyzed under Article 131 instead.
Whether a particular conversation was an official statement, whether an oath was administered by someone with authority, and whether Article 31(b) affects the use of a statement are decided by the military judge and the court-martial on the record of that case.
Maximum punishments
- False official statement: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years (MCM, Part IV, ¶ 41.d(1)).
- False swearing: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years (¶ 41.d(2)).
In cases where every finding of guilty is for an offense committed after December 27, 2023, a military judge determines the sentence in a general or special court-martial; capital cases follow a separate procedure (10 U.S.C. § 853(b)(1)). For conduct before January 1, 2019, false swearing was charged under the law in effect at that time; the article under which an older act is charged is a question for counsel.
Sources
- 10 U.S.C. § 907, false official statements; false swearing (Article 107)
- 10 U.S.C. § 931, perjury (Article 131)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 41 and ¶ 81.
General legal information about Article 107; it does not evaluate whether any statement in a real case was false, official, or sworn. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.