Solicitation. UCMJ Art. 82 and Art. 134. Miscellaneous Issues

  1. militarydefenselawyers379Accomplice liability distinguished. If the solicitee commits the intended offense, thesolicitor may be liable for the commission of the crime as a principal under Article 77. MCM, pt. IV, ¶ 1.b.(2)(b).
  2. Pleading. Incorrectly charging an Article 134 solicitation under Article 82 may beamended as a minor change. United States v. Brewster , 32 M.J. 591 (A.C.M.R. 1991).
  3. “Solicitation” of a minor to engage in indecent conduct is not solicitation within theinchoate-offense meaning of the term. One cannot solicit another individual to be commit an offense and simultaneously be the victim of that offense. Such “solicitation” is merely indecent conduct, and if charged as Article solicitation, fails to state an offense. United States v. Sutton , 68 M.J. 455 (C.A.A.F. 2010).