10 U.S.C. § 880 — Art. 80. Attempts

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 punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically pre- scribed. (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. (Aug. 10, 1956, ch. 1041, 70A Stat. 65.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 880(a) ...... 880(b) ...... 50:674(a). 50:674(b). May 5, 1950, ch. 169, § 1 (Art. 80), 64 Stat. 134. 880(c) ...... 50:674(c). In subsection (a), the words ‘‘even though’’ are sub- stituted for the word ‘‘but’’ for clarity. § 881. Art. 81. Conspiracy (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 ob- ject 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 con- spiracy, 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 punish- ment, 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 sin- gular may apply to several persons. Editorial Notes AMENDMENTS 2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b). § 882. Art. 82. Soliciting commission of offenses (a) SOLICITING COMMISSION OF OFFENSES GEN- ERALLY.—Any person subject to this chapter who solicits or advises another to commit an of- fense 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 per- son subject to this chapter who solicits or ad- vises another to violate section 885 of this title (article 85), section 894 of this title (article 94), or section 899 of this title (article 99)— (1) if the offense solicited or advised is at- tempted or is committed, shall be punished with the punishment provided for the commis- sion 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 114–328, div. E, title LX, § 5403, Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(M), Dec. 12, 2017, 131 Stat. 1598.) 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. Editorial Notes AMENDMENTS 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 deser-