Summary of changes
Article 82 — Soliciting commission of offenses
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
24 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
6.a.
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Original text
Text of statute.
Current text
Text of statute.
6.a.(a)
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Original text
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.
Current text
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.
6.a.(b)
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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)—
Current text
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)—
6.a.(b)(1)
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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
Current text
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
6.a.(b)(2)
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if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
Current text
if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
6.b.
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Elements.
Current text
Elements.
6.b.(1)
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Original text
That the accused solicited or advised a certain person or persons to commit a certain offense under the UCMJ; and
Current text
That the accused solicited or advised a certain person or persons to commit a certain offense under the UCMJ; and
6.b.(2)
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Original text
That the accused did so with the intent that the offense actually be committed.
Current text
That the accused did so with the intent that the offense actually be committed.
6.b.(2)|N
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Original text
[Note: If the offense solicited or advised was attempted or committed, add the following element]
Current text
[Note: If the offense solicited or advised was attempted or committed, add the following element]
6.b.(3)
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That the offense solicited or advised was (committed) (attempted) as the proximate result of the solicitation.
Current text
That the offense solicited or advised was (committed) (attempted) as the proximate result of the solicitation.
6.c.
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Original text
Explanation.
Current text
Explanation.
6.c.(1)
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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.
Current text
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.
6.c.(2)
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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.
Current text
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.
6.c.(3)
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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.
Current text
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.
6.d.
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Maximum punishment.
Current text
Maximum punishment.
6.d.(1)
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Original text
Solicitation of espionage.
Such punishment that a court-martial may direct, other than death.
Current text
Solicitation of espionage.
Such punishment that a court-martial may direct, other than death.
6.d.(2)
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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.
Current text
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.
6.d.(3)
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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.
Current text
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.
6.e.
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Sample specifications.
Current text
Sample specifications.
6.e.(1)
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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_____________.
Current text
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_____________.
6.e.(2)
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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 __________)].
Current text
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 __________)].
6.e.(2)|N
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Original text
[*Note: This language should be added to the end of the specification if the offense solicited or advised is actually committed.]
Current text
[*Note: This language should be added to the end of the specification if the offense solicited or advised is actually committed.]
6.e.(3)
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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 __________)].
Current text
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 __________)].
6.e.(3)|N
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Original text
[*Note: This language should be added to the end of the specification if the offense solicited or advised is actually committed.]
Current text
[*Note: This language should be added to the end of the specification if the offense solicited or advised is actually committed.]
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.