10 U.S. Code § 882 - Art. 82. Solicitation

(a)
Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission 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 chapter who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 114–328, div. E, title LX, § 5403, Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(M), Dec. 12, 2017, 131 Stat. 1598.)
Amendment of Section

Pub. L. 115–91, div. A, title X, § 1081(c)(1)(M), (4), Dec. 12, 2017, 131 Stat. 1598, 1599, provided that, effective immediately after the amendment made by section 5403 of Pub. L. 114–328, see below, takes effect as provided for in section 5542 of that Act, subsection (b) of this section is amended by striking “section 99” and inserting “section 899”. See 2017 Amendment note below. For text of subsection (b) after amendment by section 5403 of Pub. L. 114–328 on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.

Pub. L. 114–328, div. E, title LX, § 5403, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2939, 2967, and Ex. Ord. No. 13825, Mar. 1, 2018, 83 F.R. 9889, provided that, except as otherwise provided, effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, this section is generally amended. See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

882(a)

882(b)

50:676(a).

50:676(b).

May 5, 1950, ch. 169, § 1, (Art. 82), 64 Stat. 134.

Amendments

2017—Subsec. (b). Pub. L. 115–91 substituted “section 899” for “section 99” in introductory provisions.

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to solicitation of desertion, mutiny, misbehavior before the enemy, or sedition.

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.