§881 — Title 10 Armed Forces | U.S. Code

Summary

If someone under military law plans with others to commit a crime under this part, and one of them takes a step to carry out the plan, they can be punished by a court-martial. If the plan is to commit a law-of-war crime and someone knowingly takes a clear step toward it, the punishment depends on the result: if one or more people die, a court-martial or military commission can give the death penalty or another punishment; if no one dies, they can impose a punishment that is not 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