Title 10Armed ForcesRelease 119-73

§881 Art. 81. Conspiracy

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— - PUNITIVE ARTICLES › § 881

Last updated Apr 6, 2026|Official source

Summary

Conspiring to commit an offense covered here is punishable if someone involved takes a step toward carrying it out, and punishment is set by a court-martial. For conspiracies to commit law-of-war offenses, a knowing overt act that causes death can be punished by death or other penalties by a court-martial or military commission; if no death occurs, they may impose other punishments but not death.

Full Legal Text

Title 10, §881

Armed Forces — Source: USLM XML via OLRC

(a)Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
(b)Any person subject to this chapter 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 88150:675.May 5, 1950, ch. 169, § 1 (Art. 81), 64 Stat. 134. The words “or persons” are omitted as surplusage, since under section 1 of title 1 words importing the singular may apply to several persons.

Editorial Notes

Amendments

2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).

Reference

Citations & Metadata

Citation

10 U.S.C. § 881

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73