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10 U.S.C. § 882 — Art. 82. Soliciting commission of offenses
Federal law — U.S. Code and appendices · legal_authorities
**(a) 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.
**(b) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section885&num=0&edition=prelim) (article 85), [section 894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section894&num=0&edition=prelim) (article 94), or [section 899 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section899&num=0&edition=prelim) (article 99)—
(1) 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
(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
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Stable record: federal_law:legal_authorities:record_usc_4d8b24cec09719dda932522b
Source file: Laws/federal/codes/united-states-code/title-10/section-882-art-82-soliciting-commission-of-offenses--11ab968851.md
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Source location: Title 10, Chapter 47, § 882; chapter-047-uniform-code-of-military-justice.md
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**(a) 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.
**(b) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section885&num=0&edition=prelim) (article 85), [section 894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section894&num=0&edition=prelim) (article 94), or [section 899 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section899&num=0&edition=prelim) (article 99)—
(1) 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
(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person subject to this chapter who—
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
**(b)** A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 894
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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
Any member of the armed forces who before or in the presence of the enemy—
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the armed forces;
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;
shall be punished by death or such other punishment as a court-martial may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 899
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any member of the armed forces who—
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States;
is guilty of desertion.
**(b)** Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
**(c)** Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 885
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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
### 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. § 882
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