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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 881. Art. 81. Conspiracy

Statutory text

(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.

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.

  1. 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. 66

  2. Military Commissions Act of 2006

    Pub. L. 109–366 § 4(b) · 120 Stat. 2600

    1. Amended · 10 U.S.C. § 881

      Pub. L. 109–366 designated existing provisions as subsec. (a)

    2. 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 sectionSource (U.S. Code)Source (Statutes at Large)
88150:675.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
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 66
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s881