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Art. 80. Attempts
(a) An act, done with specific intent to
commit an offense under this code,
amounting to more than mere preparation
and tending, even though failing, to effect
its commission, is an attempt to commit
that offense.
(b) Any person subject to this code
who attempts to commit any offense
punishable by this code shall be punished
as a court-martial may direct, unless other-
wise specifically prescribed.
(c) Any person subject to this code
may be convicted of an attempt to commit
an offense although it appears on the trial
that the offense was consummated.
An accused maybe guilty of an attempt even
though the crime turns out to be impossible to
commit because of an outside intervening cir-
cumstance. For example, a pickpocket who puts
a hand in the pocket of another person with the
intent to steal a billfold is guilty of an attempt
to commit larceny, even though the pocket is
empty.
Art. 81. Conspiracy
“Conspiracy” is defined as an agreement
between two or more persons to commit a crime.
Conspiracy refers to such a plan by a group whose
intent usually is to commit a crime of a bold
nature, such as overthrowing a government.
The agreement in a conspiracy need not be
formal. The agreement need only be a common
understanding in the minds of the parties to
accomplish the objective of the conspiracy.
Art. 82. Solicitation
(a) Any person subject to this code
who solicits or advises another or others
to desert in violation of . . . article 85 or
mutiny in violation of . . . Article 94 shall,
if the offense solicited or advised is
attempted or committed, be punished with
the punishment provided for the commis-
sion of the offense, but, if the offense
solicited or advised is not committed or
attempted, he shall be punished as a court-
martial may direct.
(b) Any person subject to this code
who solicits or advises another or others
to commit an act of misbehavior before the
enemy in violation of . . . Article 99 or
sedition in violation of . . . Article 94
shall, if the offense solicited or advised is
committed, be punished with the punish-
ment provided for the commission of the
offense, but, if the offense solicited or
advised is not committed, he shall be
punished as a court-martial may direct.
Solicitation may be accomplished by other
means than by word of mouth or by writing. Any
act or conduct that reasonably maybe considered
as a serious request or advice to commit one of
the offenses named in the article may constitute
solicitation. The accused may act through other
persons in committing this offense.
Art. 83. Fraudulent Enlistment, Appointment,
or Separation
Any person who:
(1) procures his own enlistment
or appointment in the armed forces
by knowingly false representation
or deliberate concealment as to his
qualifications for that enlistment or
appointment and receives pay or
allowances thereunder; or
(2) procures his own separation
from the armed forces by knowingly
false representation or deliberate
concealment as to his eligibility for
that separation;
shall be punished as a court-martial may
direct.
An essential element of the offense of
fraudulent enlistment or appointment is that the
accused shall have received pay or allowances
while under that enlistment or appointment.
Acceptance of food, clothing, shelter, or transpor-
tation from the government constitutes receipt of
allowances.
After apprehension, an accused charged with
having fraudulently obtained separation from a
branch of the armed forces is subject to the
UCMJ. The accused is subject to the UCMJ while
in the custody of the armed forces and while
awaiting trial for the fraudulent separation.
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