Article 82 UCMJ – Solicitation – Military Defense Lawyers
UCMJ Military Defense Guide by Gonzalez & Waddington
Article 82 of the Uniform Code of Military Justice criminalizes solicitation—encouraging, advising, ordering, requesting, or enticing another person to commit an offense under the UCMJ. Solicitation can involve anything from encouraging a friend to assault someone during a drunken argument, to asking a roommate to lie for you, to pushing someone toward misconduct through direct or indirect statements.
Solicitation is one of the most misunderstood and misapplied offenses in military law. Commands frequently charge solicitation when a service member makes a sarcastic comment, speaks emotionally during a dispute, or vents frustration in a group chat. Many solicitation cases involve alcohol, confusion, stress, domestic conflict, or misunderstandings rather than any true intent to encourage wrongdoing.
Florida’s bases—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill, NSA Panama City, and NAS Key West—see solicitation charges frequently because of the state’s nightlife, young service-member population, alcohol-heavy social life, and tendency for chaotic group situations where statements get exaggerated, misheard, or misinterpreted.
Gonzalez & Waddington is internationally recognized for dismantling solicitation, conspiracy, and “encouragement” charges. We expose government overreach, unreliable witness accounts, lack of intent, joking behavior, intoxication, and emotional communication that prosecutors often twist into alleged criminal encouragement.
What Article 82 Criminalizes
A person violates Article 82 if they:
- Solicit (ask, advise, encourage, urge, request)
- Another person
- To commit an offense under the UCMJ
- With the intent that the offense actually be committed
Solicitation does NOT require the other person to act. The crime is complete the moment the accused intentionally encourages unlawful behavior.
However—and this is critical—prosecutors must prove specific intent, not joking, sarcasm, or emotional outbursts.
Examples of Solicitation Under Article 82
- “Hit him!” during a fight
- “Don’t tell NCIS about this.”
- “You should take that—nobody will know.”
- “Just say you weren’t there.”
- “Blow off formation.”
- “Kick him out of the room.”
- “Let’s jump him outside the bar.”
- Posting in a group chat urging someone to commit misconduct
However, many accusations falsely arise from:
- Sarcastic jokes
- Trash talk during alcohol-fueled arguments
- Venting frustration (“I should just punch him!”)
- Attempts to calm someone down that are misinterpreted
- Cultural or linguistic misunderstandings
Elements of Article 82 Solicitation
Prosecutors must prove:
1. The Accused Solicited, Urged, Encouraged, or Advised Another
The government must show the words reasonably interpreted as encouraging misconduct.
2. The Solicitation Was Intentional
Accidental statements, sarcasm, or confusion do not count.
3. The Accused Intended the Crime to Be Committed
This is the most important element—and the prosecution often cannot prove it.
4. The Solicitation Was Wrongful
Invoking self-defense, trying to calm someone down, or expressing emotion is not wrongful solicitation.
Solicitation vs. Related Offenses
Solicitation vs. Conspiracy (Article 81)
Solicitation requires encouraging someone else.
Conspiracy requires an agreement and an overt act.
Solicitation can exist even with NO agreement.
Solicitation vs. Principals (Article 77)
Principals participate in the offense; solicitation occurs before the offense.
Solicitation vs. Obstruction (Article 131b)
Solicitation encourages misconduct; obstruction interferes with an investigation.
Maximum Punishments Under Article 82
Solicitation is punished according to the severity of the solicited offense, with limitations:
- Solicitation of a felony → up to one-half the maximum punishment of that offense
- Solicitation of a minor offense → up to 6 months confinement
- Likely discharge (BCD or Dishonorable)
- Total forfeitures
- Reduction to E-1
The sentencing exposure is substantial, especially in sexual assault, robbery, and violent-offense cases.
Why Article 82 Allegations Are Common in Florida
Florida’s military environment generates many solicitation accusations because of:
- Group drinking and arguments in Jacksonville Beach, Miami, Tampa, Pensacola
- Text message drama between friends, partners, and roommates
- Large group outings among young service members
- High alcohol consumption impacting communication
- Civilian police involvement misinterpreting military joking or trash talk
- Domestic disputes escalating into cross-complaints
- Barracks conflicts involving multiple witnesses
Most Florida solicitation cases stem from drunken misunderstandings, emotional expression, or joking—not criminal encouragement.
Common Real-World Article 82 Scenarios
1. “Hit Him!” During a Bar Fight
Extremely common in Florida nightlife districts.
2. Domestic Arguments
Emotional statements like “don’t tell anyone” may be misinterpreted.
3. Group Chat Messages
Jokes or trash talk become “solicitation” when taken out of context.
4. Trying to Keep a Friend Out of Trouble
Statements meant to protect someone emotionally—not to obstruct—get twisted by prosecutors.
5. Encouraging Someone to Break Up a Fight
Commands sometimes interpret de-escalation attempts incorrectly.
6. Sarcastic or Drunken Comments
Statements not meant seriously are treated as criminal intent.
7. “We Should Do Something” Statements
Commands overreact to venting among friends.
8. Helping a Drunk Friend After an Incident
Often misinterpreted as encouraging misconduct or obstruction.
9. Sexual Assault Investigations
Group chats or messages that appear to “support” acts are taken out of context.
10. Encouraging Someone to Defend Themselves
Sometimes misinterpreted as urging assault.
How Article 82 Investigations Work
Agencies involved include:
- NCIS
- OSI
- CID
- CGIS
- Local Florida police
Key Investigative Failures We Expose
- Taking sarcastic comments out of context
- Misinterpreting alcohol-influenced behavior
- Ignoring cultural communication differences
- Failing to consider the emotional circumstances
- No proof of intent
- Inconsistent witness statements
- Commands overcharging group situations
Defense Strategies for Article 82 Cases
1. Attack the Intent Element (The #1 Defense)
We show the accused did NOT intend for the crime to be committed. Without intent, solicitation fails.
2. Contextualize the Statements
- Jokes
- Sarcasm
- Trash talk
- Venting
- Emotional reaction
3. Challenge Witness Credibility
Alcohol, memory gaps, and bias often undermine accusers.
4. Florida-Specific Defense Tactics
- Tourist involvement causing misidentification
- Nightlife chaos distorting perception
- Roommate drama creating false allegations
5. Digital Forensics
We analyze full text threads, metadata, timestamps, and surrounding messages to disprove “solicitation.”
6. Prove the Statement Was Not a Command or Intentional Encouragement
Words must be intended as encouragement—not accidental or emotional.
Pro Tips for Anyone Accused Under Article 82
- Do NOT talk to investigators.
- Avoid all contact with co-accused or alleged solicited individuals.
- Preserve all texts, calls, and DMs.
- Document your timeline privately.
- Avoid discussing your case with friends or coworkers.
- Do not delete anything from this point forward.
- Hire a civilian military defense lawyer immediately.
Related UCMJ Articles
- UCMJ Article Hub
- Article 81 – Conspiracy
- Article 80 – Attempt
- Article 77 – Principals
- Article 131a – Subornation of Perjury
- Article 131b – Obstruction of Justice
Article 82 UCMJ – Frequently Asked Questions
Can I be convicted for joking around or being sarcastic?
No. Sarcasm, venting, or joking is not solicitation unless the government can prove you intended someone to actually commit a crime—an extremely high burden.
Can text messages be used as evidence of solicitation?
Yes, but out-of-context messages are often misleading. We use full-thread analysis, metadata, and digital reconstruction to destroy false solicitation allegations.
What if I said something while drunk?
Alcohol severely weakens the intent requirement. Drunken statements rarely satisfy the specific intent needed for Article 82.
Does the other person have to actually commit the offense?
No. Solicitation is complete once the statement is made with intent—regardless of outcome. But this also makes intent extremely hard for prosecutors to prove.
Why hire Gonzalez & Waddington?
We are globally recognized UCMJ defense lawyers with decades of success defeating solicitation, conspiracy, and multi-party allegations. Our digital forensics, witness cross-examination, and narrative strategies routinely dismantle Article 82 cases.
Final Takeaways
Article 82 solicitation is dangerously broad and commonly abused—especially in Florida’s nightlife, barracks, and group social environments. Most cases stem from jokes, emotion, alcohol, misunderstanding, or misinterpretation—not true criminal encouragement. When defended properly, these cases are highly winnable.
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