UCMJ Article 82
Soliciting Commission of Offenses
UCMJ Article 82 (Soliciting Commission of Offenses) specifies a service member may be subject to prosecution if they:
- solicit or advise another person to commit a punishable offense; or
- solicit or advise another to person to commit the offenses of desertion, mutiny, sedition, or misbehavior before an enemy.
The elements that must be proven by the prosecution include:
- that the accused solicited or advised a certain person or persons to commit a certain offense under the UCMJ; and
- the accused did so with the intent that the offense actually be committed.
If the offence was attempted or committed, the prosecution must also prove the attempted or committed offense was a result of the solicitation.
Understanding Article 82 (Soliciting Commission of Offenses) of the UCMJ
According to the MCM, a service member may be subject to prosecution under Article 82 if they solicit or give advice regarding an offense outlined in the UCMJ. Their direct action in the commission of the offense is not necessary to be charged with Article 82. It is also not necessary for the service member to have directly solicited or given advise to the offender in order to be charged rather, they may act through someone else and still be charged with soliciting.
Maximum Possible Punishments for Violations of Article 82
There is a wide range of punishments possible for an article 82 violation. The punishments all carry the possibility of dishonorable discharge, forfeiture of all pay and allowances, and possible confinement of up to 10 years but there are some instances where the accused receives the maximum punishment of the offense that resulted from the solicitation or advice given.
How do you defend against Article 82 Soliciting Commission of Offenses charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients.
If you or someone you know is facing Article 82 charges for Soliciting Commission of Offenses, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.
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