10 U.S.C. § 882
Art. 82. Soliciting commission of offenses
Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
882(a) 882(b) | 50:676(a). 50:676(b). | May 5, 1950, ch. 169, § 1, (Art. 82), 64 Stat. 134. |
2017—Subsec. (b). Pub. L. 115–91 substituted “section 899” for “section 99” in introductory provisions.
2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to solicitation of desertion, mutiny, misbehavior before the enemy, or sedition.
Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
Amendment by Pub. L. 114–328 effective on
Notes of Decisions
Cited in 43
cases (24 in the last 5 years), 1957–2026 · leading case: United States v. Higgins, 40 M.J. 67 (1994).
United States v. Higgins, 40 M.J. 67 (1994). “Again, later, when analogizing solicitation under Article 134 with solicitation of particular crimes under Article 82, UCMJ, 10 USC § 882 , the court wrote: The offense of solicitation under the latter Article is complete when the request is made with the specific intent of the…”
United States v. Sutton, 68 M.J. 455 (C.A.A.F. 2010). “The military judge specifically asked trial counsel if the Government intended the charge to be indecent liberties under Article 134, UCMJ, 6 or solicitation to commit indecent liberties under either Article 82, UCMJ, 10 U.S.C. § 882 , or Article 134, UCMJ. Trial counsel…”
United States v. Taylor, 23 M.J. 314 (1987). “2 B Article 82, UCMJ, 10 U.S.C. § 882 , deals with solicitation.”
United States v. Church, 32 M.J. 70 (1991). “82, UCMJ, 10 USC § 882 , soliciting another to commit an offense is ordinarily charged under the general article, Art.”
United States v. Anzalone, 43 M.J. 322 (C.A.A.F. 1995). “Article 82, Uniform Code of Military Justice, 10 USC § 882 , provides: (a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article…”
Roger L. Priest v. The Sec'y of the Navy, 570 F.2d 1013 (D.C. Cir. 1977). “SHOOT A PIG!! [Capitals in original] The Navy charged Priest with three offenses: (1) a violation of Article 82 of the UCMJ, 10 U.S.C. § 882 , soliciting desertion or sedition; (2) a violation of Article 134 of the UCMJ, 10 U.”
United States v. Riddle, 44 M.J. 282 (C.A.A.F. 1996). “82, Uniform Code of Military Justice, 10 USC § 882 , but see Art. 134, UCMJ, 10 USC § 934 , and ¶ 105, Part IV, Manual for Courts-Martial, United States, 1984) and this jurisdiction has not as yet adopted a unilateral approach to its conspiracy statute.”
United States v. Mitchell, 15 M.J. 214 (1983). “In doing so we must first contrast the requirements of Article 82, UCMJ, 10 U.S.C. § 882 , with those of the general crime of solicitation.”
United States v. Oakley, 7 C.M.A. 733 (1957). “It would seem that he chose the punishment provided for an offense “closely related” to that charged, and that this closely related offense was solicitation to desert or to commit mutiny, in violation of Article 82, 10 USC § 882 , which carries a penalty of confinement for three…”
United States v. Gleason, 43 M.J. 69 (C.A.A.F. 1995). “See para 6b and e, Part IV, Manual for Courts-Martial, United States, 1984. . See n. 2, supra. During oral argument in this Court, the question was posed as to the maximum confinement for the lesser-included offense to which Gleason had pleaded guilty; and appellate government…”
United States v. Benton, 7 M.J. 606 (1979). “Nothing in those instructions can reasonably be construed to require a finding of specific intent. Although the law regarding the offense of solicitation is not well developed, we are convinced that counsel are correct in concluding that specific intent is an element of that…”
United States v. Williams, 52 M.J. 218 (C.A.A.F. 2000). “In proving this offense, the prosecution must show, inter alia, that the accused solicited or advised a certain person or persons to commit a certain offense under the Code, other than one of the four offenses named in Article 82, UCMJ, 10 USC § 882 . Id. Solicitation in this…”
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