Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 881. Art. 81. Conspiracy
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 66 · 70A Stat. 66
Enacted · 10 U.S.C. § 881
Aug. 10, 1956, ch. 1041, 70A Stat. 66
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 66Military Commissions Act of 2006
Pub. L. 109–366 § 4(b) · 120 Stat. 2600
Amended · 10 U.S.C. § 881
Pub. L. 109–366 designated existing provisions as subsec. (a)
Added · 10 U.S.C. § 881
Pub. L. 109–366 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
(b) Punitive Article of Conspiracy.— Section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice), is amended— (1) by inserting “(a)” before “Any person”; and (2) by adding at the end the following new subsection: “(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.” .
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| 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 Notes
Amendments
2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).
Credits
1956–2006 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 66
- 2006Pub. L. 109–366, § 4(b), , 120 Stat. 2631.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109–366, § 4(b), , 120 Stat. 2631.)