Article 82. Solicitation.

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(a) A person subject to this code who solicits or advises another person 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 as provided for the commission of the offense; provided, however, that if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

(b) A person subject to this code who solicits or advises another 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 as provided for the commission of the offense; provided, however, that if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.