Art. 80. Attempts (a) An act, done with specific intent to commit  an  offense  under  this  chapter, amounting to more than mere preparation and tending,  even  though  failing,  to  effect  its commission,  is  an  attempt  to  commit  that offense. (b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may  direct,  unless  otherwise  specifically prescribed. (c)   Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. An accused may be guilty of an attempt even though the crime turns out to be impossible to commit because of an outside intervening circumstance. For example, a pickpocket who puts a hand in the pocket of another person with the intent to steal a billfold is guilty of an attempt to commit larceny, even though the pocket is empty. Art. 81. Conspiracy Conspiracy is defined as an agreement between two or more persons to commit a crime. Conspiracy refers to such a plan by a group whose intent usually is to commit a  crime  of  a  bold  nature,  such  as  overthrowing  a government. The agreement in a conspiracy need not be formal. The agreement need only be a common understanding in the minds of the parties to accomplish the objective of the conspiracy. Art. 82. Solicitation (a) Any person subject to this chapter who solicits or advises another or others to desert in violation of…(article 85) or mutiny in violation of…(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 a t t e m p t e d ,   h e   s h a l l   b e   p u n i s h e d   a s   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…(article  99)  or  sedition  in violation of…(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. Solicitation may be accomplished by other means than by word of mouth or by writing. Any act or conduct that may reasonably be considered as a serious request or advice to commit one of the offenses named in the article may constitute solicitation. The accused may act through other persons in committing this offense. 2-22 Student Notes: ART PRINCIPAL OFFENSE ART LESSER INCLUDED OFFENSE 94 Mutiny 92 Failure to obey order or regulation 94 Sedition 116 Riot or breach of peace 95 Resistance, breach of arrest, and escape 134 General article 118 Murder 119 Manslaughter 122 Robbery 121 Larceny and wrongful appropriation 124 Maiming 128 Assault