Page 444 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10147

in the discharge of duties under 18 U.S.C. § 372, conspiracies against civil rights under 18 U.S. C.
§ 241, and certain dmg conspiracies under 21 U.S.C. § 846. See subparagraph 9l.c.(4)(a)(l)(iii).
d. Maximum punishment.
(1) OJ!imses under the UCA,fJ Any person subject to the UCMJ who is found guilty of
conspiracy shall be subject to the maximum punishment authorized for the offense that is the object
of the conspiracy, except that in no case shall the death penalty be imposed, subject to
subparagraph d.(2) of this paragraph.
(2) Offenses under the law of 1var resulting in the death of one or more victitns. Any person
subject to the UCMJ 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
e. Sample spec?ftcation
(1) ConspiraLy.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20_, conspire with __ _
(and ) to commit an offense under the Unifonn Code of Military Justice, to wit: (larceny
,
of , of a value of (about) $ __ the property of and in order to effect the object
of the conspiracy the said (and did
(2) ConspiraLy when an £ifjense is an C({fense under the law (if war resulting in the death of
one or more victims.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20_, conspire with (and __ _/
to commit an offense under the law of war, to wit: (murder of and in order to efiect
the object of the conspiracy the said knowingly did resulting in the death of

6. Article 82 (10 U.S.C. 882)-Soliciting commission of offenses
a 1 ext of statute.
(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
ENEIVIY.-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 cou•·t-martial may direct.
b. Elements.
(1) That the accused solicited or advised a certain person or persons to commit a certain
offense under the UCMJ; and
(2) That the accused did so with the intent that the offense actually be committed.
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[Note: If the offense solicited or advised was attempted or committed, add the following element]

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