PRIA, Government Policy, Made Personal

Summary

Anyone under this chapter who conspires to commit an offense and one or more conspirators act can be punished by a court-martial. If the conspiracy is a law-of-war offense and someone knowingly acts, a court-martial or military commission may punish; if one or more victims die, punishment may include death, otherwise punishment will be other than death.

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.

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).

§881 Art. 81. Conspiracy