Article 80 of the Uniform Code of Military Justice governs attempt offenses. It applies when a service member takes a substantial step toward committing a crime under the UCMJ, but does not actually complete the underlying offense. Article 80 is one of the broadest and most misunderstood punitive articles in military law.

Attempt charges often arise in serious cases such as:

• attempted sexual assault or rape
• attempted murder or attempted aggravated assault
• attempted larceny or financial fraud
• attempted drug use or distribution
• attempted AWOL or desertion
• attempted obstruction of justice

But commands also apply Article 80 in borderline or speculative situations—charging “attempts” based on texts, misunderstandings, flirtation, ambiguous conduct, or preliminary conversations that never progressed to actual criminal activity.

For service members stationed in or linked to Florida, attempt charges often come from:

• sting operations by Florida police or federal agencies
• sexual assault allegations involving incomplete or interrupted encounters
• drug distribution investigations based on partial messages or planned meet-ups
• altercations or escalations that ended before physical harm occurred
• BAH fraud or GTCC misuse alleged to be “attempted theft”

This page explains how Article 80 works, how prosecutors misuse it, how investigators build attempt cases, and how Gonzalez & Waddington defend against attempt allegations—from attempted sexual assault to attempted drug crimes to attempted obstruction.

Article 80 – Full Legal Breakdown

Article 80 applies anytime a service member intends to commit a specific offense and takes a substantial step toward committing that offense. The underlying offense does not need to be completed for the accused to face the same punishment.

Elements of Article 80

The government must prove:

• The accused had the specific intent to commit a particular offense
• The accused took a substantial step beyond mere preparation
• The attempt failed or was prevented
• The act would have been criminal if the accused succeeded

What Qualifies as a “Substantial Step”?

A substantial step must:

• go beyond planning or talking
• be strongly corroborative of criminal intent
• move the accused close to completing the offense

Examples include:

• arriving at the location of a planned drug sale
• starting to assault someone but being stopped
• initiating sexual contact but being interrupted
• sending money or messages to purchase drugs
• creating a fraudulent DTS claim but stopping before submission

Mere intent is not enough. The prosecution must show action.

What Does NOT Qualify?

• talking about committing an offense
• fantasy, role-play, or sexual banter
• planning with no overt act
• internal thoughts or desire
• innocent conduct misinterpreted by investigators

Attempt and Impossibility

A strange feature of Article 80: an accused can still be guilty of an attempt even if success was impossible. For example:

• attempting to buy drugs from an undercover agent
• attempting to sexually assault someone who is, unknown to the accused, already unconscious
• attempting to commit fraud when DFAS would not have approved the form

Maximum Punishment under Article 80

The maximum punishment for an attempt is the same as if the offense had been completed (with a few exceptions such as capital offenses).

That means the accused faces:

• the same confinement exposure
• the same punitive discharge
• the same collateral consequences

Attempt charges are deadly serious—even when no harm occurred.

Common Offenses Charged as Attempts Under Article 80

1. Attempted Sexual Assault / Attempted Rape

Attempt charges in Article 120 cases often arise when:

• the alleged sexual act was interrupted
• someone claims they stopped the accused at the last moment
• the alleged victim passes out or moves away
• there is digital communication suggesting intent

Attempt charges let the government pursue a sexual assault case even when forensic evidence is weak or no penetration occurred.

2. Attempted Drug Distribution or Attempted Use

Attempt drug charges arise when:

• a service member messages about buying drugs
• they show up at a planned location
• they discuss price or quantity
• police or NCIS run a sting operation

Florida’s heavy DEA and task-force activity often produces attempt cases even when no drugs ever changed hands.

3. Attempted Larceny / Attempted BAH Fraud / Attempted GTCC Fraud

Attempted financial crimes include:

• beginning a fraudulent DTS submission but not submitting it
• attempting to claim an unauthorized dependent
• entering false BAH information that DFAS later rejects
• trying to use GTCC funds improperly but being blocked

4. Attempted AWOL or Desertion

Commands sometimes use Article 80 when:

• a service member prepares to flee but is stopped
• someone leaves the base but returns quickly
• text messages suggest planning to leave

5. Attempted Obstruction

Attempt obstruction cases often involve:

• deleting messages
• warning someone an investigation is coming
• trying to destroy evidence but failing
• encouraging a witness to change a story

6. Attempted Murder or Attempted Assault

These arise when:

• the accused allegedly tried to use a weapon
• a violent act was interrupted
• someone claims the accused “intended to kill”
• the government reconstructs intent from partial evidence

How Prosecutors Build Article 80 Attempt Cases

Prosecutors rely heavily on:

• digital messages
• social media conversations
• flirtation or sexual banter
• preparatory conduct
• showing up at a location
• partial or incomplete actions
• witness testimony describing “intent”
• investigator interpretations

The Government’s Biggest Weapon: “Intent”

Intent is inferred from:

• statements made during stress
• search history
• jokes or texts taken out of context
• planning conversations
• relationship dynamics

The defense must separate reality from speculation.

Florida-Specific Patterns

Attempt cases in Florida often arise from:

• sting operations in Jacksonville, Pensacola, Tampa, and Orlando
• undercover agents posing online or in nightlife districts
• partial drug buys interrupted by police
• tourist or nightlife witnesses who misunderstand interactions
• social media messages taken out of context

Florida’s aggressive policing environment produces high numbers of “attempt” charges where no actual crime ever occurred.

Real World Article 80 Military Scenarios

Attempt cases under Article 80 arise from incomplete acts, misunderstandings, and aggressive interpretations by investigators. Many Article 80 cases involve speculation, flawed assumptions, unreliable witnesses, or digital messages that are misread. Below are realistic fact patterns based on common military investigations.

• A soldier exchanges flirty messages with a coworker. The coworker later claims the soldier was “planning to force himself on her.” Nothing ever happened. CID charges attempted sexual assault.
• A Marine drives to a location to buy marijuana but changes his mind and leaves. NCIS, working with an informant, charges attempted drug purchase.
• An Air Force guardian meets a stranger from social media at a Florida bar. The stranger turns out to be an undercover detective. OSI charges attempted drug possession even though no drugs were exchanged.
• A sailor begins unbuttoning their uniform shirt in a private room with a partner. The partner suddenly stops the encounter. The next day, the partner reports “attempted sexual assault.”
• A service member texts, “I’ll come over in 10; we can chill,” after drinking. The partner’s spouse discovers the messages and claims an attempted adultery/Article 134 offense. Command pushes for charges.
• A soldier begins a DTS travel voucher claiming mileage but realizes it’s wrong and deletes it. Finance later flags the deleted draft. Investigators charge attempted fraud.
• An accused tries to warn a friend that investigators are asking questions. CID charges attempted obstruction under Article 80 and Article 134.
• During a bar argument in Jacksonville, a Marine picks up a bottle in self-defense but never swings. Witnesses claim he “was about to attack someone.” NCIS charges attempted aggravated assault.
• A Coast Guardsman is accused of trying to meet someone he believed was an adult. The “adult” was actually an undercover officer posing as a minor. CGIS charges attempted sexual misconduct.
• An Airman researches “how to get weed delivered” online. OSI interprets this as intent and charges attempted drug procurement.
• A service member allegedly tries to steal a laptop from an office but runs when someone walks in. Investigators charge attempted larceny under Article 80.
• A soldier walks toward the gate with a packed bag after an emotional argument with leadership. They return after a few minutes. Command charges attempted AWOL or desertion.
• Two intoxicated service members wrestle in a Florida parking lot. One claims the other “attempted to choke him.” No injuries. CID charges attempted assault by strangulation.
• A Marine is accused of attempting to buy Percocet during a Florida nightlife event. The seller disappears before any exchange. NCIS charges attempted drug use and attempted possession.
• A service member involved in a domestic dispute throws a punch but misses. The partner alleges attempted assault with intent to cause harm.
• An NCO tries to enter a soldier’s room during a welfare check. The soldier claims the NCO “attempted to break in.” Article 80 is used to elevate the accusation.
• A service member deletes text messages from a phone during a breakup. The partner claims he was “attempting to destroy evidence.” Investigators charge attempted obstruction.
• An enlisted Marine agrees to meet someone online for consensual sex. The person is actually 17. The Marine turns around when he learns the age. NCIS charges attempted sexual misconduct.
• A soldier jokes in a group chat about “robbing the PX.” CID screenshots the joke and claims attempted conspiracy to commit larceny.
• A sailor accused of flirting with a junior enlisted member is charged with attempted fraternization, even though no relationship ever occurred.

These patterns show how attempt charges frequently arise from incomplete actions, misunderstandings, or conduct far removed from an actual crime. The government loves attempt cases because they don’t need to prove the crime happened—only that they believe the accused “intended” it.

How Article 80 Investigations Are Conducted

Attempt cases rely heavily on digital evidence, partial statements, and speculative interpretations. Investigators rarely understand the legal threshold for a “substantial step.” The defense must expose investigative overreach and factual distortion.

The Government’s Favorite Move: “Intent Reconstruction”

Investigators routinely invent intent based on:

• one-sided screenshots
• sarcastic messages taken literally
• deleted texts assumed to be incriminating
• search history misinterpreted out of context
• emotional behavior during arguments
• drunken statements treated as factual

Article 80 allows prosecutors to claim that thoughts or half-actions amounted to an attempted crime.

Sting Operations (Especially in Florida)

Florida is a hotspot for sting operations targeting:

• drug buys
• sexual encounters arranged online
• prostitution or trafficking-related investigations
• undercover “minor” decoy operations

In many cases:

• the accused never initiated the criminal idea
• investigators pushed or encouraged criminal behavior
• agents escalated the conversation to induce “attempt” conduct
• the accused tried to withdraw, but investigators interpret hesitation as guilt

These are fertile grounds for entrapment arguments.

Digital Evidence Misinterpretation

Attempt cases often rely on:

• deleted message fragments
• partial screenshots sent by accusers
• metadata investigators do not understand
• autocorrect errors
• jokes or flirtation misinterpreted as criminal intent
• group chat messages taken out of context

CID / NCIS / OSI / CGIS Patterns in Attempt Cases

• CID: interprets arguments, anger, or stress as intent to commit assault or obstruction.
• NCIS: aggressively charges attempted sexual misconduct and attempted distribution with minimal evidence.
• OSI: relies heavily on digital forensics but often misinterprets online communication.
• CGIS: uses waterfront and tourism-heavy Florida environments to build attempt cases out of nothing.

The “Substantial Step” Trap

Investigators often claim a “substantial step” occurred when the accused:

• merely drove somewhere
• sent a vague message
• searched for something online
• talked about a hypothetical scenario
• began but did not complete paperwork

Most of these acts are legally insufficient, and the defense must highlight how speculative the case really is.

Florida-Specific Attempt Pitfalls

Florida’s legal environment creates unique attempt risks for service members:

• undercover officers flooding dating apps, bars, and nightlife districts
• drug “offers” created by undercover teams
• tourist witnesses who misinterpret behavior
• aggressive policing around bases (Jacksonville, Pensacola, Tampa, Orlando)
• bodycam capturing drunken, confused interactions
• cases where Florida refuses charges but the military does not

The defense must use these realities to undermine the credibility of “intent” allegations.

How Gonzalez & Waddington Defend Article 80 Attempt Cases

Article 80 attempt cases are uniquely vulnerable to attack. They rely on speculation, interpretation, digital ambiguity, and the government’s attempts to read minds. Gonzalez & Waddington dismantle these cases by challenging the factual basis, legal sufficiency, and investigative credibility at every stage.

Step 1 – Destroy the Government’s “Intent” Theory

Intent is the heart of Article 80. Without intent, there is no attempt. The defense focuses on:

• ambiguous messages interpreted out of context
• sarcasm, humor, or drunken talk misread as serious planning
• lack of motive
• no clear plan or defined objective
• hesitation, withdrawal, or abandonment
• stress, intoxication, or emotional impulsivity—not criminal intent

The government must show intent beyond a reasonable doubt. Most attempt cases collapse once intent is confronted directly.

Step 2 – Prove There Was No “Substantial Step”

The government often exaggerates small or innocent actions into a “substantial step.” The defense highlights:

• lack of action beyond words or planning
• no movement toward the scene
• no preparation consistent with committing a crime
• innocent alternative explanations for conduct
• equivocal or incomplete acts
• withdrawal by the accused

Showing the accused abandoned, hesitated, or changed their mind torpedoes the Article 80 theory.

Step 3 – Attack Digital Evidence Interpretation

Attempt cases often hinge on phones, messages, and search history. The defense must show:

• screenshots lack context
• messages are incomplete or altered
• investigators misinterpreted slang or humor
• timestamps do not match the government’s timeline
• investigators failed to recover full chat history

Digital evidence rarely proves intent—unless the defense allows prosecutors to misinterpret it.

Step 4 – Leverage Entrapment and Government Inducement

Entrapment defenses apply when:

• government agents initiate the idea of the crime
• investigators push or pressure the accused
• the accused would not have acted without government encouragement
• agents escalate the conversation to create “criminal intent”
• the accused hesitated or expressed reluctance

Florida sting operations often create attempt cases out of thin air. Entrapment destroys them.

Step 5 – Challenge Witness Credibility

Attempt cases frequently rely on:

• intoxicated witnesses
• angry partners or spouses
• informants working off their own charges
• people who misunderstood comments or actions
• witnesses who interpret future actions incorrectly

Cross examination exposes exaggeration, bias, and unreliability.

Step 6 – Present an Alternate, Innocent Interpretation

The defense must offer reasonable, non-criminal explanations. For example:

• the accused was joking or exaggerating
• the accused withdrew or changed their mind
• the conversation was hypothetical or fantasy-based
• the accused thought they were meeting an adult
• the accused was coerced emotionally or manipulated
• the accused misinterpreted the situation

Article 80 collapses quickly when reasonable doubt exists about intent or interpretation.

Step 7 – Use Expert Testimony to Undermine Attempt Allegations

Experts can show:

• memory distortion
• digital metadata errors
• forensic mistakes in analysis of phones or computers
• psychological factors like impulsivity, intoxication, or stress

Step 8 – Fight Administrative and Collateral Attempt Allegations

Even when attempt charges do not go to court-martial, commands use them to justify:

• separations
• boards of inquiry
• letters of reprimand
• GOMORs
• security clearance denials

Gonzalez & Waddington defend these cases like trials because the stakes are no less serious.

Pro Tips for Service Members Facing Article 80 Attempt Allegations

These strategic tips can save your case and protect your future from the outset.

• Do not speak to investigators. Most attempt cases arise from your own words.
• Never explain texting, sexting, or messages to NCIS/CID/OSI without counsel.
• If the case involves a sting, capture every detail—agents often cross the line.
• Preserve entire digital conversations, not screenshots.
• Do not delete messages. Deletions create a presumption of guilt.
• Document withdrawal or hesitation—this destroys attempt allegations.
• Identify witnesses who observed your reluctance or lack of intent.
• Save location data, GPS logs, and receipts that contradict government timelines.
• Preserve copies of dating app profiles, timestamps, and age listings.
• Do not argue with accusers or investigators—silence protects you.
• If the allegation involves drugs, preserve CashApp, Venmo, and bank statements.
• If the attempt involves sexual misconduct, preserve messages showing consent or fantasy play.
• Work with your lawyer early to craft a unified narrative.
• Be honest with your defense team—surprises kill cases.
• Do not discuss the case with anyone in your unit. Rumors become evidence.
• Preserve travel itineraries, Uber receipts, Google Maps history.
• Prepare for investigators to twist your words—avoid casual statements.
• Do not try to “fix things” with the accuser. It always backfires.
• Understand that even unfinished conduct can lead to full punishment—defense must act early.
• Stay calm, focused, and professional. Commands react strongly to emotional behavior.

Call to Action for Article 80 Attempt Allegations

Attempt charges under Article 80 are extremely serious—even when nothing actually happened. Prosecutors use attempt allegations as shortcuts when they cannot prove the underlying offense. These cases often depend on speculation, digital misinterpretation, investigative bias, and emotional witnesses.

Gonzalez & Waddington have defended attempt allegations across the world—from attempted sexual assault to attempted drug distribution to attempted obstruction and attempted fraud. We know how to dismantle the government’s claim of intent, expose investigative overreach, and build a compelling narrative that protects your career and future.

To get immediate help, visit our Florida military defense portal at
https://ucmjdefense.com/florida-military-defense-lawyers/.

For more UCMJ article guides, return to
UCMJ Articles 77–134 Guide.