CAAF Opinion Digest · III.A.105 · Crimes Pre-2019 offenses

Article 134 - Soliciting Another to Commit an Offense

At the court
Offenses committed before 1 January 2019 (pre-2016 amendment) — opinions from the 1999 through 2020 Terms of Court.
4 digested opinions, 2000–2009 Terms
2009 (September Term)
United States v. Sutton, 68 M.J. 455 · decided Apr 6, 2010 · No. 09-0458/AF
  1. a specification alleging that appellant asked his 10-year-old stepdaughter to lift her shirt to show him her breasts failed to state the offense of solicitation to commit indecent liberties with a child because the victim could not commit the offense of indecent liberties with a child on herself
2008 (Transition Term)
United States v. Custis, 65 M.J. 366 · decided Dec 5, 2007 · No. 07-0188/AF
  1. in order to prove an Article 134, UCMJ, solicitation offense, the government must prove that the accused solicited another person to commit a certain offense, and that the accused did so with the intent that the person commit the offense
2005
United States v. Hays, 62 M.J. 158 · decided Sep 30, 2005 · No. 04-0264/AR
  1. in stating that solicitation included any use of words or other device by which a person is requested, urged, advised, counseled, tempted, commanded, or otherwise enticed or incited to commit a crime, the court of criminal appeals did not improperly broaden the definition of solicitation to include conduct that would not otherwise be criminal; by quoting terms from a criminal law treatise that were synonymous with language from the MCM, the CCA merely offered additional explanation as to what constitutes a serious request in accordance with the established definition of solicitation
  2. neither the UCMJ nor the MCM precludes a conviction for solicitation simply because the object of the solicitation may be predisposed towards committing the crime; because there may be cases in which a solicitation transforms predisposition into action, this Court rejects appellant’s invitation to adopt a predisposition limitation on solicitation
  3. (the evidence was legally sufficient to sustain the accused’s conviction for soliciting another to commit carnal knowledge where he e-mailed another to inquire into whether that person had engaged in sexual intercourse with a minor female, immediately followed by a request for pictures of such an encounter, with a quid pro quo offer of similar pictures in return; the repeated urging for the other person to send pictures of him engaging in sexual intercourse with a minor female, as well as the quid pro quo contained in the same e-mail and the tone and language of the e-mail -- and viewing the evidence in the light most favorable to the government, a reasonable factfinder could have found that the inquiry constituted a serious reque
2000
United States v. Williams, 52 M.J. 218 · decided Jan 20, 2000 · No. 99-0052/NA
  1. solicitation under Article 134, UCMJ, requires a showing that the accused solicited or advised a certain person to commit an offense other than one of the four listed in Article 82, UCMJ; and, in this context, means an express or implicit invitation to join in a criminal plan
  2. case reviews legal sufficiency of evidence to sustain conviction for solicitation
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA105 · Always confirm a holding against the opinion itself (linked from each case name).

A. Crimes
Pre-2019 offenses
Generally (4) Article 77 - Principals (8) Article 79 - Conviction of Lesser Included Offenses (11) Article 80 - Attempts (15) Article 81 - Conspiracy (14) Article 83 - Fraudulent Enlistment, Appointment, or Separation (2) Article 85 - Desertion (1) Article 86 - Absence without Leave (5) Article 87 -- Missing Movement (1) Article 89 - Disrespect Toward a Superior Commissioned Officer (1) Article 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer (6) Article 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer (2) Article 92 - Failure to Obey Order or Regulation (21) Article 93 - Cruelty and Maltreatment (9) Article 95 - Resistance, Flight, Breach of Arrest, and Escape (6) Article 104 - Aiding the Enemy (1) Article 107 - False Official Statements (10) Article 108 - Military Property of the U.S.-Sale, Loss, Damage, Destruction, or Wrongful Disposition (2) Article 110 - Improper Hazarding of Vessel (1) Article 111 - Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel (1) Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances (17) Article 117 - Provoking Speeches or Gestures (2) Article 118 - Murder (9) Article 119 - Manslaughter (7) Article 120 - Rape and Carnal Knowledge (13) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (3) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (6) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120b - Rape and Sexual Assault Generally (3) Article 120 - Rape and Sexual Assault Generally (2) Article 120 - Rape and Sexual Assault Generally (6) Article 120 - Rape and Sexual Assault Generally (4) Article 120a - Stalking (1) Article 120b - Rape and Sexual Assault of a Child (2) Article 120b - Rape and Sexual Assault of a Child (3) Article 120c - Other Sexual Misconduct (2) Article 121 - Larceny and Wrongful Appropriation (15) Article 122 - Robbery (1) Article 123 - Forgery (2) Article 123a - Making, Drawing, or Uttering Check, Draft, or Order without Sufficient Funds (1) Article 125 - Sodomy (11) Article 127 - Extortion (1) Article 128 - Assault (18) Article 129 - Burglary (1) Article 130 - Housebreaking (5) Article 133 - Conduct Unbecoming an Officer and Gentleman (12) Article 134 - General Article (29) Article 134 - Adultery (4) Article 134 -- Assault, Indecent (5) Article 134 -- Bribery and Graft (2) Article 134 -- Check, Worthless, Making and Uttering -- by Dishonorably Failing to Maintain Funds (1) Article 134 -- Child Endangerment (para 68a, MCM) (3) Article 134 -- Child Pornography (para 68b, MCM, *** Post-2012 Amendment) (5) Article 134 -- Debt, Dishonorably Failing to Pay (1) Article 134 -- Disloyal Statements (1) Article 134 -- False Swearing (1) Article 134 -- Firearm, Discharging – Willfully under such Circumstancesas to Endanger Human Life (1) Article 134 -- Fraternization (1) Article 134 -- Gambling with Subordinate (1) Article 134 -- Negligent Homicide (3) Article 134 - Indecent Acts or Liberties with a Child (9) Article 134 - Indecent Exposure (3) Article 134 - Indecent Language (2) Article 134 -- Indecent Acts with Another (9) Article 134 -- Kidnapping (3) Article 134 -- Mail-Taking, Opening, Secreting, Destroying, or Stealing (1) Article 134 - Mails --Depositing or Causing to be Deposited Obscene Matters in (1) Article 134 - Misprision of Serious Offense (1) Art. 134 - Obstructing Justice (7) Art. 134 - Pandering and Prostitution (1) Article 134 -- Reckless Endangerment (para 100a, MCM) (2) Article 134 – Restriction, Breaking (1) Article 134 -- Self-injury without Intent to Avoid Service (para 103a, MCM) (1) Article 134 - Soliciting Another to Commit an Offense (4) Article 134 - Stolen Property-Knowingly Receiving, Buying, Concealing (1) Article 134 - Threat, Communicating (3) Article 134 - Unlawful Entry (1) Article 134 - Weapon, Concealed and Carrying (1) Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 (56)
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