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:

1. solicit or advise another person to commit a punishable offense or

2. solicit or advise another person to commit the offenses of desertion, mutiny, sedition, or misbehavior before an enemy.

The elements that the prosecution must prove include:

1. that the accused solicited or advised a particular person or persons to commit a particular offense under the UCMJ; and

2. the accused did so with the intent that the offense be committed.

If the offense 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 advise on an offense outlined in the UCMJ. Their direct action in committing the offense is not necessary to be charged with Article 82. It is also unnecessary for the service member to have directly solicited or given advice to the offender to be trusted; instead, 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. Still, there are some instances where the accused receives the maximum punishment for 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 23 years of experience in military law and a sought-after speaker and lecturer on martial law. 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 various matters and a diverse background of clients.

If you or someone you know is facing Article 82 charges for Soliciting Commission of Offenses, you must speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.