Article 82 — Soliciting commission of offenses

Part IV · Punitive Articles

Article 82. Soliciting commission of offenses · MCM ¶ 6

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) SOLICITING COMMISSION OF OFFENSES GENERALLY.— Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct.

(b) SOLICITING DESERTION, MUTINY, SEDITION, OR MISBEHAVIOR BEFORE THE ENEMY.— Any person subject to this chapter who solicits or advises another to violate section 885 of this title (article 85), section 894 of this title (article 94), or section 899 of this title (article 99)—

(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and

(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused solicited or advised a certain person or persons to commit a certain offense under the UCMJ; and

(2) That the accused did so with the intent that the offense actually be committed.

Practice Note

[Note: If the offense solicited or advised was attempted or committed, add the following element]

(3) That the offense solicited or advised was (committed) (attempted) as the proximate result of the solicitation.

(1) Instantaneous offense. The offense is complete when a solicitation is made or advice is given with the specific wrongful intent to influence another or others to commit any offense under the UCMJ. It is not necessary that the person or persons solicited or advised agree to or act upon the solicitation or advice.

(2) Form of solicitation. Solicitation may be by means other than word of mouth or writing. Any act or conduct which reasonably may be construed as a serious request or advice to commit any offense under the UCMJ may constitute solicitation. It is not necessary that the accused act alone in the solicitation or in the advising; the accused may act through other persons in committing this offense.

(3) Solicitations as an element in another offense. Some offenses require, as an element of proof, some act of solicitation by the accused. These offenses are separate and distinct from solicitations under Article 82. When the accused’s act of solicitation constitutes, by itself, a separate offense, the accused should be charged with that separate, distinct offense—for example, pandering and obstructing justice.

(d) Maximum punishment.

(1) Solicitation of espionage. Such punishment that a court-martial may direct, other than death.

(2) Solicitation of desertion; mutiny or sedition; misbehavior before the enemy. If the offense solicited or advised is committed or attempted, then the accused shall be punished with the punishment provided for the commission of the offense solicited or advised. If the offense solicited or advised is not committed or attempted, then the following punishment may be imposed: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years, or the maximum punishment of the underlying offense, whichever is lesser.

(3) Solicitation of all other offense s. Any person subject to the UCMJ who is found guilty of soliciting or advising another person to commit an offense not specified in subparagraph d.(1)-(2) of this paragraph that, if committed by one subject to the UCMJ, would be punishable under the UCMJ, shall be subject to the following maximum punishment: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years, or the maximum punishment of the underlying offense, whichever is lesser.

(e) Sample specifications.

(1) For soliciting another to commit an offense. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully (solicit) (advise) __________ (to disobey a general regulation, to wit: __________) (to steal __________, of a value of (about) $__________, the property of __________) (to __________), by_____________.

(2) For soliciting desertion (Article 85) or mutiny (Article 94(a)). In that __________ (personal jurisdiction data), did, (at/on board—location), on or about _____ 20 __, (a time of war) by (here state the manner and form of solicitation or advice), (solicit) (advise) __________ (and __________) to (desert in violation of Article 85) (mutiny in violation of Article 94(a)) [*and, as a result of such (solicitation) (advice), the offense (solicited) (advised) was, on or about __________, 20 __, (at/on board—location), (attempted) (committed) by __________ (and __________)].

Practice Note

[*Note: This language should be added to the end of the specification if the offense solicited or advised is actually committed.]

(3) For soliciting sedition (Article 94(a)) or misbehavior before or in the presence of the enemy (Article 99). In that __________ (personal jurisdiction data) did, (at/on board—location), on or about _____ 20 __, (a time of war) by (here state the manner and form of solicitation or advice), (solicit) (advise) __________ (and __________) to commit (an act of misbehavior before the enemy in violation of Article 99) (sedition in violation of Article 94(a)) [*and, as a result of such (solicitation) (advice), the offense (solicited) (advised) was, on or about _____ 20 __, (at/on board—location), committed by __________ (and __________)].

Practice Note

[*Note: This language should be added to the end of the specification if the offense solicited or advised is actually committed.]

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. This instruction only applies to solicitation to commit mutiny, desertion, misbehavior before the enemy, and sedition offenses committed on or after 1 January 2019. For offenses committed before 1 January 2019, see Instructions 3-6-1 and 3-6-2.

NOTE 2. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM. For solicitation offenses, whether it is a criteria or parameter offense is dependent on the underlying offense solicited.

Maximum punishment

(1) If offense solicited or advised is committed or attempted: maximum punishment for underlying offense.

(2) If offense solicited or advised is not committed or attempted: DD, TF, 15 years, E-1 or maximum punishment for underlying offense, whichever is less.

b. SAMPLE SPECIFICATIONS:

Soliciting desertion (Article 85) or mutiny (Article 94(a)):

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (a time of war) by (here state the manner and form of solicitation or advice), (solicit) (advise) __________ (and __________) to (desert in violation of Article 85) (mutiny in violation of Article 94(a)) [*and, as a result of such (solicitation) (advice), the offense (solicited) (advised) was, on or about __________, (at/on board—location), (attempted) (committed) by __________ (and __________)]. *Note: This language should be added at the end of the specification if the offense solicited or advised is actually attempted or committed.

Soliciting sedition (Article 94(a)) or misbehavior before or in the presence of the enemy (Article 99:

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (a time of war) by (here state the manner and form of solicitation or advice), (solicit) (advise) __________ (and __________) to commit (an act of misbehavior before the enemy in violation of Article 99) (sedition in violation of Article 94(a)) [*and, as a result of such (solicitation) (advice), the offense (solicited) (advised) was, on or about __________, (at/on board—location), committed by __________ (and __________)]. *Note: This language should be added at the end of the specification if the offense solicited or advised is actually attempted or committed.

Elements

(1) That (state the time and place alleged), the accused solicited or advised (state the name of the person(s) allegedly solicited or advised) to commit (specify the offense allegedly solicited or advised), in violation of Article ____, UCMJ; (and)

(2) That the accused specifically intended that (state the name of person allegedly solicited or advised) commit the offense of (specify the offense allegedly solicited or advised); [and]

NOTE 3. If the offense solicited or advised was actually attempted or committed, add the following element.

[(3)] That the offense (solicited) (advised) was (committed) (attempted) as the proximate result of the solicitation.

Definitions & other instructions

(“Solicit”) (“Advise”) means any statement, oral or written, or any other act or conduct which reasonably may be construed as a serious request or advice to commit the offense named in the specification.

The offense of solicitation is complete when the solicitation is made or advice is given with the specific intent to influence another or others to commit the offense named in the specification. It is not necessary that the person or persons solicited or advised agree to or act upon the solicitation or advice.

(It is not necessary that the accused act alone in the solicitation or in the advising; the accused may act through other persons in committing this offense.)

The accused must have intended that (state the name(s) of the person(s) solicited or advised) commit every element of the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition). The elements of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition) are as follows: (state the elements of the offense allegedly solicited along with necessary definitions).

NOTE 4. No allegation offense solicited or advised was attempted or committed. If there is no allegation that the offense solicited or advised was attempted or committed, give the following instruction.

Proof that the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition) was actually attempted or committed is not required.

NOTE 5. Solicited offense was allegedly committed. If the specification alleges that the solicited offense was committed, give the following instruction.

Although I previously told you that it is not necessary that the person or persons solicited or advised agree to or act upon the solicitation or advice, in this case the government has alleged that the offense solicited or advised was, in fact, committed. As a result, the government must prove that (state the name(s) of the person(s) allegedly committing the offense) committed the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition) as the proximate result of the solicitation.

(“Proximate result” means a consequence which proceeds naturally in the ordinary course of things from the cause. It is an ordinary and probable result of a certain act. Something that is a mere possibility is not sufficient to constitute a proximate result.)

To prove that (state the name(s) of the person(s) allegedly committing the offense) committed the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition), the government must prove that: (list the elements of the offense solicited, ensuring to indicate that the person named in the specification is the person who committed the offense; or the judge may reference the elements previously listed for the solicited offense, so long as it is clear that the person alleged in the specification is the one who committed the offense.)

(If you are not convinced that (state the name(s) of the person(s) allegedly committing the offense) actually committed the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition) as the proximate result of the solicitation, but you are satisfied that all of the other elements of the offense have been proven, then you may find the accused guilty of the specification by excepting the language that indicates that the offense was actually committed.)

NOTE 6. Solicited offense was allegedly attempted. If the specification alleges that the solicited offense was attempted, give the following instruction.

Although I previously told you that it is not necessary that the person or persons solicited or advised agree to or act upon the solicitation or advice, in this case the government has alleged that the offense solicited or advised was, in fact, attempted. As a result, the government must prove that (state the name(s) of the person(s) allegedly committing the offense) attempted to commit the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition) as the proximate result of the solicitation.

To prove that (state the name(s) of the person(s) allegedly attempting the offense) attempted to commit the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition), the government must prove that: (list the elements of an attempt to commit the solicited offense, using Instruction 3a-4-1, Attempts, as a guide, carefully tailoring to the evidence and consistent with the allegation in the specification.)

(If you are not convinced that (state the name(s) of the person(s) allegedly committing the offense) attempted to commit the offense of (desertion) (mutiny) (misbehavior before or in the presence of the enemy) (sedition) as the proximate result of the solicitation, but you are satisfied that all of the other elements of the offense have been proven, then you may find the accused guilty of the specification by excepting the language that indicates that the offense was attempted.)

Source: Instruction 3a-6-1 · view original on jagcnet.army.mil

NOTE 1. This instruction only applies to solicitation to commit offenses under the UCMJ (other than mutiny, desertion, misbehavior before the enemy, and sedition) allegedly committed on or after 1 January 2019. For prior solicitation to commit offenses under Article 134, see Instruction 3-105-1.

Maximum punishment

(1) Espionage: DD, TF, life without eligibility for parole, E-1.

(2) Other Offenses: DD, TF, 10 years, E-1 or maximum punishment for underlying offense, whichever is less.

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully (solicit) (advise) __________ (to disobey a general regulation, to wit:________) (to steal ________, of a value of (about) $______ , the property of __________) (to __________), by _________________.

Elements

(1) That (state the time and place alleged), the accused (solicited) (advised) (state the name of the person(s) allegedly solicited or advised) to commit (specify the offense allegedly solicited or advised), in violation of Article ___, UCMJ; and

(2) That the accused specifically intended that (state the name of person allegedly solicited or advised) commit the offense of (specify the offense allegedly solicited or advised).

Definitions & other instructions

(It is not necessary that the accused act alone in the solicitation or in the advising; the accused may act through other persons in committing this offense.)

The accused must have intended that (state the name(s) of the person(s) solicited or advised) commit every element of the offense of (state the offense alleged in the specification). The elements of (state the offense alleged in the specification), in violation of Article ___, UCMJ, are as follows: (state the elements of the offense allegedly solicited along with necessary definitions).

Proof that the offense of (state the offense alleged in the specification) was actually attempted or committed is not required.

NOTE 3. Instructing on the elements of the offense solicited. When stating the elements of the solicited offense, the military judge may describe that offense in summarized fashion, along with applicable definitions, rather than enumerate each element. For example, where the alleged offense solicited is larceny of an item of a value of greater than $500, the military judge may state, “Larceny is the wrongful taking of the property of another of a value greater than $500 with the intent to permanently deprive the owner of the use and benefit of the property or the intent to permanently appropriate the property to the accused's own use or the use of anyone other than the lawful owner. A taking is wrongful only when done without the consent of the owner and with a criminal state of mind.” When the offense solicited involves elements of another offense, such as burglary with intent to commit rape, the elements of both offenses (burglary and rape), along with applicable definitions, must be stated.

NOTE 4. Graduated punishment possibilities for the solicited offense. If the solicited offense has maximum punishments graduated according to value, amounts, type of property, or other factors, the elements of the solicited offense must include the value, amount, type of property, or other factor alleged. For example, where the offense solicited is larceny of military property, that the property was military property must be stated as an element and the definition of military property given. The elements for the offenses need not be enumerated but may be summarized as in the example in NOTE 2 above.

NOTE 5. Solicitation to commit murder or voluntary manslaughter. If the accused is charged with solicitation to commit murder or voluntary manslaughter, the military judge must instruct the specific intent required is to kill; an intent to inflict great bodily harm is not sufficient. See US v. Roa, 12 MJ 210 (CMA 1982) and US v. DeAlva, 34 MJ 1256 (ACMR 1992).

References

US v. Oakley, 23 CMR 197 (CMA 1957); US v. Higgins, 40 MJ 67 (CMA 1994) (the person solicited must know that the act requested of him is part of a criminal venture).

Source: Instruction 3a-6-2 · view original on jagcnet.army.mil