Article 82 UCMJ: Solicitation

Defending Against Criminal Accusations Based on Words Alone

Under Article 82 of the Uniform Code of Military Justice (UCMJ), a service member may face serious criminal charges not for committing a crime, but for allegedly encouraging someone else to commit one. Solicitation is a unique offense in military law. It does not require that the underlying crime ever took place. It does not require that anyone agreed. It does not require that any action followed. The offense begins and ends with the alleged act of advising or persuading someone to break the law. Yet, a conviction can result in years of confinement, dishonorable discharge, and the permanent loss of military status.

If your words are being interpreted as solicitation under Article 82, the consequences can be just as severe as if you had committed the act yourself. These are not symbolic charges. The command may push aggressively for punishment that aligns with the very offense you’re accused of encouraging. If your case is being built on inference, conversation, or assumptions about intent, now is the time to bring in legal counsel with the focus and precision necessary to dismantle it. Do this before speculation becomes sentencing.

What Does Article 82 Criminalize?

Article 82 targets the act of encouraging, advising, or requesting that someone else commit one of four offenses under the UCMJ. These are:

• Desertion (Article 85)
• Mutiny (Article 94)
• Misbehavior before the enemy (Article 99)
• Sedition (also under Article 94)

To secure a conviction under Article 82, the prosecution must prove:

1. That the accused intentionally solicited or advised another person to commit one of the four named offenses
2. That this solicitation was made with the purpose of having the offense carried out
3. That the person being advised either attempted or committed the act (though in some cases, this is not required for the solicitation itself to stand as a separate offense)

What makes this article particularly complex is that it defines solicitation as a complete and punishable offense the moment the advice is given. This applies even if the other person ignores it completely.

What Counts as Solicitation?

Solicitation under Article 82 can occur in many forms. It does not require a formal plan, an agreement, or a secret exchange. It can be a spoken statement, a message, or even conduct that clearly reflects an intent to influence another’s behavior unlawfully. Military courts consider the nature of the interaction, the context of the words, and the surrounding circumstances.

The UCMJ does not require that the person being solicited actually follows through or even agrees. It also doesn’t matter whether the solicitation was direct or made through intermediaries. If intent and content are established, that may be enough to pursue charges.

Common Scenarios in Article 82 Cases

Article 82 is most frequently applied in high-stakes or politically sensitive cases, such as:

• Suggesting a fellow service member avoid deployment or abandon their post
• Encouraging group resistance to leadership or policy decisions
• Urging a peer to undermine mission orders
• Pushing another service member toward an act of force or rebellion
• Attempting to coordinate disobedience during field operations

It is not uncommon for such cases to hinge on conflicting interpretations of statements, informal conversations, or secondhand testimony. What one person views as venting or joking may be interpreted by another as criminal persuasion.

What Is the Maximum Punishment Under Article 82?

If the solicited crime was actually attempted or committed, the punishment for solicitation generally mirrors that of the offense itself. That means:

• Solicitation to desert: Up to 3 years confinement, dishonorable discharge, forfeiture of pay and allowances
• Solicitation to commit mutiny or sedition: Up to 10 years confinement, dishonorable discharge, total forfeitures
• Solicitation to misbehave before the enemy: Up to 10 years confinement and full punitive separation

Even if the underlying offense is not attempted or carried out, solicitation alone still warrants criminal sentencing under Article 82. The punishment may be slightly reduced, but can still result in separation, loss of benefits, and confinement.

What About Other Types of Solicitation?

Soliciting another person to commit a crime that falls outside the four offenses listed in Article 82, such as drug distribution, prostitution, or producing illicit material, is charged separately under Article 134. The act may be the same, but the legal basis and sentencing range differ.

Understanding this distinction is essential. Charging errors, improper classification, or vague wording in the charge sheet can all be contested. A precise and well-organized defense can use these technical issues to your advantage.

Defending Against Article 82 Allegations

A defense against solicitation charges must begin with a clear understanding of context and communication. Joseph Jordan approaches these cases with care, not only reviewing the language that’s being used against you, but also how it was received, when it was spoken, and what the environment around it looked like.

Key defense angles include:

• Absence of Criminal Intent: If the words were said without the goal of having the crime committed, they may be protected speech
• Ambiguity or Misinterpretation: Phrasing, tone, or context may change the meaning of a conversation entirely
• No Substantive Connection to Target Offense: If the solicited offense was vague or never outlined clearly, the Article 82 framework may fall apart
• Lack of Follow-Through: In some cases, absence of any supporting action from others may call the original statement into question
• Overreach in Prosecution: If the act being prosecuted would normally fall under Article 134 or another section, overcharging under Article 82 may be challenged procedurally

Joseph Jordan crafts defenses not from templates, but from evidence, language, and timing. His representation is exact, responsive, and grounded in real-world courtroom dynamics.

Why Joseph Jordan?

Joseph Jordan is a military defense attorney who has spent his legal career standing between service members and life-altering allegations. He understands not just the law, but how military leadership and prosecution build cases from partial statements and assumptions. His job isn’t to apologize for your service. It’s to protect it.

With a focus on serious offenses under the UCMJ, Jordan offers:

• Tailored defense strategies for solicitation and related charges
• Firsthand understanding of Article 82’s legal structure
• Complete transparency from first consultation to resolution
• Relentless advocacy focused on dismantling unfounded accusations

Start Your Defense Now. Don’t Let It Be Defined for You

Solicitation charges under Article 82 can escalate quickly. A remark that takes seconds to say can lead to years of fallout if left unchecked. The longer the process moves without a defense, the harder it becomes to shift the outcome.

📞 Call (888) 616-6177 or send a secure message now to schedule a confidential case review.
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Frequently Asked Questions: UCMJ Article 82 - Solicitation

General Information

What is solicitation under Article 82 of the UCMJ?

Article 82 criminalizes the act of advising, encouraging, or requesting another person to commit one of four specific offenses under the UCMJ. The offense is complete when the solicitation is made, regardless of whether the solicited crime occurs or whether anyone agrees to commit it.

Which offenses can be prosecuted under Article 82?

Article 82 applies only to solicitation of four specific offenses:

• Desertion (Article 85)
• Mutiny (Article 94)
• Misbehavior before the enemy (Article 99)
• Sedition (Article 94)

Solicitation of other crimes is prosecuted under Article 134.

What elements must prosecutors prove for an Article 82 conviction?

According to the Manual for Courts-Martial, the prosecution must establish:

• The accused solicited another specific person to commit one of the four enumerated offenses
• The accused did so with the intent that the offense actually be committed
• The solicitation was made under circumstances that reasonably tend to induce commission of the offense

Note: The solicited person does not need to agree to or attempt the crime for conviction.

How is Article 82 different from conspiracy or attempt?

Key distinctions:

• Solicitation: Complete upon communication; no agreement needed; same punishment whether completed or not
• Conspiracy: Requires agreement plus overt act by any conspirator
• Attempt: Requires substantial step toward completing the crime

Solicitation is the earliest point at which full criminal liability attaches.

Legal Concepts

What constitutes "solicitation" under military law?

Solicitation includes any form of:

• Direct requests or commands
• Advice or encouragement
• Written or verbal communication
• Conduct clearly intended to influence
• Messages through intermediaries

Important: The solicitation must be directed at a specific person or persons, not a general audience.

Examples:

• "You should go AWOL rather than deploy"
• "If I were you, I'd refuse that order"
• Providing detailed desertion plans
• Organizing specific individuals for resistance

Does the solicited person need to act on the request?

No. Article 82 is unique because:

• The offense is complete when solicitation occurs
• No agreement from the other person is required
• The solicited crime need not be attempted
• The person solicited can reject or ignore the request
• The punishment remains the same whether the solicited offense occurs or not

What is the statute of limitations for Article 82?

• General rule: 5 years from the date of solicitation
• Exception: No limitation for solicitation of mutiny or sedition in time of war
• Capital offenses: No limitation if solicited offense is punishable by death

Specific Offenses

What constitutes solicitation to desert?

Elements:

• Advising someone to abandon their unit with intent to remain away permanently
• Encouraging absence beyond authorized leave with requisite intent
• Must be directed at specific service member(s)

Common scenarios:

• "Just don't come back from leave"
• Providing specific escape routes or false documents
• Coordinating group departures

Maximum punishment: Same as desertion - up to 3 years confinement (or more in wartime), dishonorable discharge

What is solicitation to commit mutiny or sedition?

Mutiny solicitation involves:

• Encouraging collective insubordination
• Advising usurpation of lawful military authority
• Organizing resistance with intent to override command

Sedition solicitation includes:

• Promoting overthrow of lawful authority
• Encouraging subversion of government
• Advising acts to impair military operations

Special considerations:

• May require corroboration evidence
• Enhanced scrutiny in wartime
• Political speech protections limited

Maximum punishment: Same as mutiny/sedition - up to 10 years confinement (death in wartime), dishonorable discharge

What is solicitation to misbehave before the enemy?

This involves encouraging:

• Cowardice in combat situations
• Abandonment of defensive positions
• Unauthorized surrender
• Failure to engage enemy when required

Combat zone considerations:

• Heightened command scrutiny
• Immediate impact on unit safety
• Limited time for investigation

Maximum punishment: Same as misbehavior - up to 10 years confinement, dishonorable discharge

What about soliciting other crimes?

Solicitation of crimes not listed in Article 82 falls under Article 134:

• Drug offenses
• Sexual offenses
• Theft or fraud
• Assault or murder

These have different elements, lesser punishments, and different procedural requirements.

Penalties and Consequences

What are the maximum punishments under Article 82?

Critical point: Punishment for solicitation equals the maximum for the solicited offense, regardless of whether that offense is attempted or completed.

Specific punishments by offense:

• Desertion solicitation:
  • Peacetime: Up to 3 years
  • Wartime: Up to death
• Mutiny/Sedition solicitation:
  • Up to 10 years (death possible in wartime)
• Misbehavior before enemy:
  • Up to 10 years

Additional consequences:

• Dishonorable discharge
• Total forfeiture of pay and allowances
• Reduction to E-1
• Loss of retirement benefits
• Federal felony conviction
• VA benefits impact

Is there any reduction if the solicited crime doesn't occur?

No. Unlike attempt charges, Article 82 solicitation carries the full punishment of the completed offense. This makes it one of the most severely punished inchoate offenses in military law.

Defense Strategies

What are the main defenses to solicitation charges?

1. Lack of Specific Intent

• Statements not intended to induce crime
• Hypothetical or conditional discussions
• Academic or theoretical conversations
• Venting frustration without criminal purpose

2. No Specific Person Solicited

• General complaints to no one in particular
• Social media posts without specific target
• Overheard private thoughts
• Group discussions without directing anyone

3. Protected Speech

• Political discourse about policy
• Whistleblowing intentions
• Religious or philosophical discussions
• Union organizing (within limits)

4. Ambiguity or Misinterpretation

• Unclear or vague language
• Sarcasm or hyperbole
• Cultural/linguistic misunderstandings
• Context negates criminal interpretation

5. Entrapment

• Government agent induced the solicitation
• No predisposition to commit offense
• Excessive persuasion by authorities

6. Impossibility (Limited application)

• Legal impossibility (rare defense)
• Factual impossibility (generally not a defense)

Can someone withdraw a solicitation?

Withdrawal/Renunciation:

• Must occur before any harm results
• Requires complete and voluntary renunciation
• Must take affirmative steps to prevent the crime
• Communicate withdrawal to solicited person
• Limited defense - solicitation already complete

Practical challenges:

• Offense complete upon communication
• Withdrawal may mitigate punishment
• May prevent additional charges
• Does not erase completed solicitation

What role does corroboration play?

Corroboration requirements:

• Some jurisdictions require corroboration for sedition
• Two-witness rule may apply in certain cases
• Electronic evidence often serves as corroboration
• Circumstantial evidence may suffice

Investigation and Rights

How do solicitation investigations typically begin?

Common triggers:

• Reports from solicited person
• Third-party observations
• Intercepted communications
• Related investigations
• Command referrals

Investigation methods:

• CID involvement for serious cases
• Digital forensics
• Witness interviews
• Communication analysis
• Parallel command inquiry

What should service members do if accused of solicitation?

Immediate steps:

1. Invoke Article 31 rights
2. Request military defense counsel
3. Do not attempt to explain context
4. Preserve all potential evidence
5. Document recollection privately
6. Avoid contact with witnesses

Critical mistakes to avoid:

• Trying to "clarify" statements
• Deleting communications
• Discussing with others
• Social media posts
• Contacting the solicited person

How does command discretion affect these cases?

Command considerations:

• High visibility of Article 82 offenses
• Political pressure in mutiny/sedition cases
• Good order and discipline concerns
• Prefer charges vs. NJP decisions

Multiplicity concerns:

• Charging both solicitation and conspiracy
• Multiple specifications for same conversation
• Unreasonable multiplication of charges
• Lesser included offense considerations

Practical Considerations

How do prosecutors prove solicitation cases?

Common evidence:

• Direct testimony from solicited person
• Text messages/emails
• Recorded conversations
• Social media posts
• Witness testimony
• Circumstantial evidence of intent

Prosecution advantages:

• No need to prove agreement
• Complete offense from words alone
• Context arguments often fail
• Severe punishment leverage

What makes Article 82 charges particularly dangerous?

Unique risks:

• Same punishment as completed offense
• Words alone create full liability
• Limited defenses available
• High command attention
• Political implications
• Permanent federal conviction

Can jokes or casual comments lead to charges?

Risk factors:

• Specificity of statements
• Repetition or pattern
• Audience reaction
• Command climate
• Current military tensions

Best practice: Never joke about:

• Desertion or AWOL
• Refusing orders
• Overthrowing command
• Combat cowardice

When is immediate legal counsel essential?

Seek counsel before any statement if:

• Questioned about conversations
• Rights advisement given
• CID involvement
• Command investigation initiated
• Others report your statements

Why timing matters:

• First statements often most damaging
• Context easily lost
• Prosecution narrative forms quickly
• Limited ability to clarify later

Special Considerations

How do deployment and combat zones affect charges?

Enhanced factors:

• Immediate threat to mission
• Heightened punishment in wartime
• Limited investigation resources
• Expedited legal processes
• Command pressure for deterrence

What about group discussions or social media?

Multiplied risks:

• Permanent electronic record
• Multiple potential "solicitations"
• Lost context
• Viral spread implications
• Screenshot evidence

Common prosecution theories:

• Each viewer = separate solicitation
• Likes/shares = endorsement
• Private groups still liable
• Jokes taken literally

Can someone face both Article 82 and Article 134 charges?

Charging decisions involve:

• Nature of solicited offense
• Prosecutorial discretion
• Maximum punishment desired
• Strength of evidence
• Jurisdictional issues

Double jeopardy considerations:

• Same conduct, different theories
• Multiplicity challenges available
• UMC motions possible
• Merger of offenses

Important Notice

This FAQ provides general legal information about Article 82 of the UCMJ. It does not constitute legal advice and cannot substitute for consultation with qualified legal counsel. Every case involves unique facts requiring individualized analysis.

Critical reminders:

• Solicitation carries the SAME punishment whether crime occurs or not
• Must be directed at specific person(s), not general audience
• Context may not save you from prosecution
• Withdrawal is extremely limited defense
• These four offenses trigger severe command response

The Manual for Courts-Martial and military appellate decisions provide authoritative guidance. Article 82's severe punishments reflect the military's view that encouraging desertion, mutiny, sedition, or combat misbehavior threatens the foundation of military discipline.

Service members facing investigation or charges should consult experienced military defense counsel immediately. In solicitation cases, early intervention may prevent charges or limit exposure through proper context presentation.

No attorney-client relationship is created by reading this information. All communications about pending cases should be directed only to retained counsel.