Page 445 - Trump Executive Orders 2017-2021

10148 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(3) That the offense solicited or advised was (committed) (attempted) as the proximate result
of the soli citation.
c. Explanation.
(1) Instantaneous offense. The offense is complete when a solicitation is made or advice is
given with the specific wrongful intent to int1uence another or others to commit any offense
under the UCMJ. It is not necessary that the person or persons solicited or advised agree to or act
upon the solicitation or advice.
(2) Form ofsolicitation. Solicitation may be by means other than word of mouth or writing.
Any act or conduct which reasonably may be construed as a serious request or advice to commit
any offense under the UCMJ may constitute solicitation. It is not necessary that the accused act
alone in the solicitation or in the advising; the accused may act through other persons in
committing this offense.
(3) Solicitations a.s· an element in another C?[fense. Some offenses require, as an element of
proof, some act of solicitation by the accused. These offenses are separate and distinct from
solicitations under Article 82. When the accused's act of solicitation constitutes, by itself, a
separate offense, the accused should be charged with that separate, distinct offense-for example,
pandering and obstructingjustice.
d. Maximum punishment.
(1) Solicitation of e.~pionage. Such punishment that a court-martial may direct, other than death.
(2) Solicitation (?f desertion; mutiny or sedition; misbehavior before the enemy. If the offense
solicited or advised is committed or attempted, then the accused shall be punished with the
punishment provided for the commission of the offense solicited or advised. If the offense solicited
or advised is not committed or attempted, then the following punishment may be imposed:
dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years, or the
maximum punishment of the underlying ofTense, whichever is lesser.
(3) 5'olicitation of all other (if.fen;,·es. Any person subject to the UCMJ who is found guilty of
soliciting or advising another person to commit an offense not specified in Article 82(b) that, if
committed by one subject to the UCMJ, would be punishable under the UCMJ, shall be subject to
the following maximum punishment: dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 10 years, or the maximum punishment of the underlying offense, whichever
is lesser.
e. Sample specifications.
(1) For soliciting another to commit an offense.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, wrongfully (solicit)
(advise) (to disobey a general regulation, to wit: (to steal ___ _
of a value of (about) $ , the property of (to
by _____ _
(2) For soliciting desertion (Article 85) or mutiny (Article 94(a)).
In that (personal jurisdiction data), did, (at/on board-location), on or
about __ 20 ___)(a time of war) by (here state the manner and form of solicitation or advice),
(solicit) (advise) (and to (desert in violation of Article 85) (mutiny in
violation of Article 94(a)) [*and, as a result of such (solicitation) (advice), the offense (solicited)
(advised) was, on or about , 20 _, (at/on board-location), (attempted) (committed)
by (and ____ JJ
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