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10 U.S.C. § 881 — Art. 81. Conspiracy
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_4769648a5141beedaa1134e5
Source file: Laws/federal/codes/united-states-code/title-10/section-881-art-81-conspiracy--d07976cd87.md
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Source location: Title 10, Chapter 47, § 881; chapter-047-uniform-code-of-military-justice.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
In determining the meaning of any Act of Congress, unless the context indicates otherwise—
Source: Supplied U.S. Code snapshot — release unconfirmed · 1 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Detail of Special Trial Counsel.—** Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
**(b) Qualifications.—** A special trial counsel shall be a commissioned officer who—
(1)
(A) is a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and
(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
(i) the Judge Advocate General of the armed force of which the officer is a member; or
(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
(2) in the case of a lead special trial counsel appointed pursuant to [section 1044f(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044f/a/2&num=0&edition=prelim), is in a grade no lower than O–7.
**(c) Duties and Authorities.—**
(1) **In general.—** — Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
(2) **Determination of covered offense; related charges.—**
(A) *Authority.—* — A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
(B) *Known and related offenses.—* — If a special trial counsel determines that a reported offense is a covered offense, the spe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 824a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sentence Maximums.—** The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
**(b) Sentence Minimums for Certain Offenses.—**
(1) Except as provided in subsection (c) 11 See References in Text note below. of [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable.
(2) The offenses referred to in paragraph (1) are as follows:
(A) Rape under subsection (a) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120).
(B) Sexual assault under subsection (b) of such section (article).
(C) Rape of a child under subsection (a) of [section 920b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920b&num=0&edition=prelim) (article 120b).
(D) Sexual assault of a child under subsection (b) of such section (article).
(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80).
(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim) (article 81).
**(c) Imposition of Sentence.—**
(1) **In general.—** — In sentencing an accused under [section 853 of this title](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 856
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 671, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, defined “principal”. See [section 877 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section877&num=0&edition=prelim), Armed Forces.
Section 672, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to accessories after the fact. See [section 878 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section878&num=0&edition=prelim).
Section 673, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, authorized conviction of lesser included offense. See [section 879 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section879&num=0&edition=prelim).
Section 674, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to attempts. See [section 880 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim).
Section 675, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to conspiracy. See [section 881 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim).
Section 676, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to solicitation. See [section 882 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section882&num=0&edition=prelim).
Section 677, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to fraudulent enlistment, appointment, or separation. See [section 883 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section883&num=0&edition=prelim).
Section 678, act May 5, 1950, ch. 169, § 1, 64 Stat. 135, related to unlawful enlistment, appointment, or separation. See [section 884 of Title 10](https://uscode.house.gov/view.xh
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 671 to 728
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Federal law — U.S. Code and appendices · legal_authorities
Page 805
TITLE 10—ARMED FORCES
§ 882
(b) LESSER
INCLUDED
OFFENSE
DEFINED.—In
this section (article), the term ‘‘lesser included
offense’’ means—
(1) an offense that is necessarily included in
the offense charged; and
(2) any lesser included offense so designated
by regulation prescribed by the President.
(c) REGULATORY AUTHORITY.—Any designation
of a lesser included offense in a regulation re-
ferred to in subsection (b) shall be reasonably
included in the greater offense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 65; Pub. L.
114–328, div. E, title LX, § 5402, Dec. 23, 2016, 130
Stat. 2939.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
879 ..........
50:673.
May 5, 1950, ch. 169, § 1
(Art. 79), 64 Stat. 134.
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328 amended section generally. Prior
to amendment, text read as follows: ‘‘An accused may
be found guilty of an offense necessarily included in the
offense charged or of an attempt to commit either the
offense charged or an offense necessarily included
therein.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective on Jan. 1,
2019, as designated by the President, with imple-
menting regulations and provisions relating to applica-
bility to various situations, see section 5542 of Pub. L.
114–328 and Ex. Ord. No. 13825, set out as notes under
section 801 of this title.
§ 880. Art. 80. Attempts
(a) An act, done with specific intent to com-
mit 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 at-
tempts to commit any offense punisha
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 881
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