What does Article 82 prohibit? Can words alone lead to a charge?
• Article 82 punishes anyone who solicits another to commit a UCMJ offense.
• Spoken or written words encouraging criminal conduct may be enough to charge.
Does the crime need to be carried out? Must the other person follow through?
• No, the offense is complete once the solicitation occurs.
• Whether or not the crime happens does not affect guilt.
What is considered solicitation under Article 82?
• Solicitation includes asking, urging, or encouraging someone to commit a crime.
• It can be direct, indirect, verbal, written, or conveyed through behavior.
Does intent matter in solicitation charges?
• Yes, prosecutors must prove the accused intended the crime to occur.
• Joking or hypothetical statements may not qualify without clear intent.
What offenses can be solicited under Article 82?
• It applies to crimes under the UCMJ punishable by court-martial.
• These include murder, desertion, sexual assault, theft, and drug distribution.
Can military members solicit subordinates or superiors?
• Yes, Article 82 applies regardless of rank or command relationship.
• Soliciting anyone to break military law is punishable under this article.
What if the person solicited refuses? Is that a defense?
• No, refusal to act does not protect the person who made the request.
• The charge is based on the act of solicitation, not the outcome.
How do courts determine if solicitation occurred?
• Courts examine the language used, context, and surrounding behavior.
• Explicit encouragement or repeated attempts strengthen the prosecution’s case.
Are there defenses to solicitation charges?
• Lack of intent, mistaken identity, or insufficient evidence may be defenses.
• If the communication was unclear or non-criminal, charges may not hold.
Can solicitation be paired with other offenses?
• Yes, it is often charged alongside conspiracy, attempt, or misconduct.
• These combinations increase potential penalties.
What are the punishments under Article 82?
• Penalties vary by the offense solicited and may include:
• Dishonorable or bad conduct discharge
• Reduction in rank
• Total forfeiture of pay and allowances
• Confinement (up to life, depending on the solicited crime)
Is solicitation treated seriously even if done in private?
• Yes, private texts, conversations, or social media can all be evidence.
• Military courts do not require public or overt actions for prosecution.
Can sarcasm or venting lead to solicitation charges?
• If the context shows real intent to provoke a crime, yes.
• Misinterpreted statements may be charged if they seem purposeful.
How can legal counsel help in a solicitation case?
• A defense attorney can challenge the intent, language, and evidence.
• They may argue the words were vague, unserious, or protected speech.
When should you speak to a lawyer in these cases?
• Immediately upon being questioned or investigated for solicitation.
• Early legal action helps protect against damaging interpretations.
Source: UCMJ Article 82 Solicitation