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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 882. Art. 82. Soliciting commission of offenses

Statutory text

(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 (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 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.

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. § 882

    Aug. 10, 1956, ch. 1041, 70A Stat. 66

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 66

  2. Military Justice Act of 2016

    Pub. L. 114–328 div. E title LX § 5403 · 130 Stat. 2000

    Amended · 10 U.S.C. § 882

    Pub. L. 114–328 amended section generally. Prior to amendment, section related to solicitation of desertion, mutiny, misbehavior before the enemy, or sedition

    Source evidence

    Code amendment note
    Pub. L. 114–328 amended section generally. Prior to amendment, section related to solicitation of desertion, mutiny, misbehavior before the enemy, or sedition.

    Enacted provision · exact public law section
    SEC. 5403. SOLICITING COMMISSION OF OFFENSES.   Section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice), is amended to read as follows: “§ 882. Art. 82. Soliciting commission of offenses “(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 (article 85), section 894 of this title (article 94), or section 99 of this title (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.” .

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

  3. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title X § 1081(c)(1)(M) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 882(b)

    Pub. L. 115–91 substituted “section 899” for “section 99” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–91 substituted “section 899” for “section 99” in introductory provisions.

    Enacted provision · exact public law section
    (M) Section 882(b) (article 82(b)), as amended by section 5403 of the Military Justice Act of 2016 (130 Stat. 2939), is further amended by striking “section 99” and inserting “section 899”.

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

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)
882(a)882(b)50:676(a).50:676(b).May 5, 1950, ch. 169, § 1, (Art. 82), 64 Stat. 134.

Editorial Notes

Amendments2016–2017 · 2 rounds

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 desertion, mutiny, misbehavior before the enemy, or sedition.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on , as designated by the President, with implementing regulations and provisions relating to applicability 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.

Credits

1956–2017 · 3 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 66
  2. 2016Pub. L. 114–328, div. E, title LX, § 5403, , 130 Stat. 2939
  3. 2017Pub. L. 115–91, div. A, title X, § 1081(c)(1)(M), , 131 Stat. 1598.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 114–328, div. E, title LX, § 5403, , 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(M), , 131 Stat. 1598.)

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