U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 881

Art. 81. Conspiracy

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(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.(b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109–366, § 4(b), Oct. 17, 2006, 120 Stat. 2631.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

881

50:675.

May 5, 1950, ch. 169, § 1 (Art. 81), 64 Stat. 134.

The words “or persons” are omitted as surplusage, since under section 1 of title 1 words importing the singular may apply to several persons.

Editorial NotesAmendments

2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).

Notes of Decisions
Cited in 938 cases (57 in the last 5 years), 1957–2026 · leading case: United States v. Girouard, 70 M.J. 5 (C.A.A.F. 2011).
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United States v. Girouard, 70 M.J. 5 (C.A.A.F. 2011). · cites it 4× “Contrary to his pleas, Appellant was found guilty by a panel of officer and enlisted members sitting as a general court-martial and convicted of conspiracy to obstruct justice, obstruction of justice, violating a lawful general order, and three specifications of negligent…”
United States v. Ashby, 68 M.J. 108 (C.A.A.F. 2009). · cites it 4× “§ 934 (2000), obstruction of justice and Article 81, UCMJ, 10 U.S.C. § 881 (2000), conspiracy. We recently reaffirmed that the criminal conduct sought to be punished by an Article 133, UCMJ, offense is the act of committing dishonorable or compromising conduct, regardless of…”
United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001). · cites it 2× “25 pounds of M112 demolition charge [C-4]): (1) conspiracy to wrongfully dispose of the property, in violation of Article 81, Uniform Code of Military Justice (UCMJ), 10 USC § 881 ; (2) wrongful sale of the property, in violation of Article 108, UCMJ, 10 USC § 908 ; (3)…”
United States v. Harvey, 64 M.J. 13 (C.A.A.F. 2006). · cites it 2× “4 These offenses are punishable under Articles 81, 107, 112a, and 134, UCMJ, 10 U.S.C. §§ 881 , 907, 912a, 934 (2000), respectively.”
Weiss v. United States, 510 U.S. 163 (1994). · cites it 2× “§ 912a, and conspiracy, in violation of Article 81, UCMJ, 10 U. S. C. § 881 . He was sentenced to 25 years of confinement, forfeiture of all pay, a reduction in rank, and a dishonorable discharge.”
United States v. Ellerbrock, 70 M.J. 314 (C.A.A.F. 2011). · cites it 2× “In accordance with his pleas, Appellant was found guilty of conspiracy, destruction of military property, larceny of military property, larceny, and housebreaking in violation of Articles 81, 108, 121, and 130, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 881 , 908,…”
United States v. Wacha, 55 M.J. 266 (C.A.A.F. 2001). · cites it 2× “l to six specifications involving conspiracy with other Marines and civilians to possess, use, and distribute marihuana; eight specifications involving the use, distribution, and possession of marihuana; and two specifications of soliciting a fellow Marine, Private Rice, to buy…”
United States v. Davenport, 73 M.J. 373 (C.A.A.F. 2014). · cites it 2× “Contrary to his pleas, a military judge sitting as a general court-martial convicted Appellant of four specifications of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 881 (2012), seven specifications of extortion, in violation of…”
United States v. Teffeau, 58 M.J. 62 (C.A.A.F. 2003). · cites it 2× “Contrary to his pleas, he was convicted by officer members of conspiring to violate a general order, failing to obey a lawful general order, dereliction of duty, making false official statements (five specifications), and obstructing justice, in violation of Articles 81, 92,…”
United States v. Denedo, 556 U.S. 904 (2009). “In 1998, military authorities charged him with conspiracy, larceny, and forgery — in contravention of Articles 81, 121, and 123 of the Uniform Code of Military Justice (UCMJ), 10 U. S. C. §§881 , 921, 923 — all for his role in a scheme to defraud a community college.”
United States v. McMurrin, 70 M.J. 15 (C.A.A.F. 2011). · cites it 2× “1 Articles 81, 92, 112a, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 881 , 892, 912a, 934 (2006).”
Harris v. United States, 102 Fed. Cl. 390 (Fed. Cl. 2011). · cites it 10× “§ 892 (2000), failure to obey an order or regulation (by wrongfully engaging in an unduly familiar relationship with the enlisted female); one specification of UCMJ Article 81, 10 U.S.C. § 881 (2000), conspiracy to commit indecent acts; and UCMJ Article 134—General article, 10 U.”
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