Examples of what generally are held to be
lesser-included offenses contained in a principal
offense include the following:
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
attempted, he shall be punished as 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.
2-21
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