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Page Title: Art. 82. Solicitation
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Punitive Articles of the  UCMJ
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Basic Military Requirements (BMR) - Requirement for military advancement
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Art. 85. Desertion

Art. 80. Attempts (a) An  act,  done  with  specific  intent  to commit   an   offense   under   this   chapter, amounting to more than mere preparation and tending,   even   though   failing,   to   effect   its commission,   is   an   attempt   to   commit   that offense. (b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may   direct,   unless   otherwise   specifically prescribed. (c)    Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. An accused may be guilty of an attempt even though the crime turns out to be impossible to commit because of an outside intervening circumstance. For example, a pickpocket  who  puts  a  hand  in  the  pocket  of  another person with the intent to steal a billfold is guilty of an attempt  to  commit  larceny,  even  though  the  pocket  is empty. Art. 81. Conspiracy Conspiracy is defined as an agreement between two or more persons to commit a crime. Conspiracy refers to such a plan by a group whose intent usually is to commit a   crime   of   a   bold   nature,   such   as   overthrowing   a government. The agreement in a conspiracy need not be formal. The agreement need only be a common understanding in the minds of the parties to accomplish the objective of the conspiracy. Art. 82. Solicitation (a) Any person subject to this chapter who solicits or advises another or others to desert in violation of…(article 85) or mutiny in violation of…(article 94) shall, if the offense solicited or advised is attempted or committed, be punished with   the   punishment   provided   for   the commission of the offense, but, if the offense solicited   or   advised   is   not   committed   or a t t e m p t e d ,    h e    s h a l l    b e    p u n i s h e d    a s    a court-martial may direct. (b) Any person subject to this chapter who solicits or advises another or others to commit an   act   of   misbehavior   before   the   enemy   in violation   of…(article   99)   or   sedition   in violation  of…(article  94)  shall,  if  the  offense solicited or advised is committed, be punished with   the   punishment   provided   for   the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct. Solicitation may be accomplished by other means than by word of mouth or by writing. Any act or conduct that may reasonably be considered as a serious request or advice to commit one of the offenses named in the article may constitute solicitation. The accused may act through other persons in committing this offense. 2-22 Student Notes: ART PRINCIPAL OFFENSE ART LESSER INCLUDED OFFENSE 94 Mutiny 92 Failure to obey order or regulation 94 Sedition 116 Riot or breach of peace 95 Resistance, breach of arrest, and escape 134 General article 118 Murder 119 Manslaughter 122 Robbery 121 Larceny and wrongful appropriation 124 Maiming 128 Assault

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