UCMJ Article 80 – Attempts

UCMJ Article 80 establishes liability for attempts to commit offenses under the Uniform Code of Military Justice. It punishes service members who, with the specific intent to commit an offense, take a substantial step toward its commission, even if the crime is never completed. The law is designed to preserve discipline and deter misconduct before full harm occurs. It ensures that deliberate efforts to break the law are addressed, whether or not circumstances prevented success.

Key Elements

There are three primary elements for an Article 80 charge. First, the accused must have had the specific intent to commit a particular UCMJ offense. General recklessness or negligence does not qualify. Second, the accused must have performed an overt act that goes beyond mere preparation. Planning alone is insufficient; there must be a clear movement toward the commission of the crime. Third, the act must apparently tend to effect the commission of the offense, showing that the accused was already engaged in execution rather than just preparation.

This distinction is crucial. Buying tools or discussing a plan may be preparation, but trying to use those tools or beginning the act itself constitutes attempt. Courts carefully examine facts to determine whether the line from preparation to attempt was crossed.

Punishment

Punishment for attempts under Article 80 cannot exceed the maximum authorized for the completed offense. For example, if larceny carries a five-year maximum, attempted larceny cannot bring more than five years. In capital cases, an attempt cannot result in the death penalty, but severe punishments including long confinement, reduction in grade, forfeiture of pay, and punitive discharge may still apply. For most other offenses, the ceiling is the same as the principal crime, with the important limitation that no attempt can exceed twenty years’ confinement unless the offense is attempted murder.

This system balances deterrence with fairness. The military recognizes that attempts are less harmful than completed crimes, but still threatening enough to merit significant consequences.

Impossibility

Article 80 makes clear that factual impossibility is not a defense. A soldier who tries to steal from an empty locker or attempts to purchase contraband from an undercover agent is still guilty of attempt. What matters is the intent and the act toward commission, not whether success was possible.

Legal impossibility, on the other hand, may serve as a defense. If the intended act would not have been criminal even if completed, there is no attempt. This distinction prevents punishing conduct that was never unlawful.

Abandonment

Voluntary and complete abandonment can sometimes be a defense under Article 80. If an accused changes their mind entirely and halts the plan of their own free will before completion, liability may not attach. However, abandonment prompted by fear of detection, inability to succeed, or lack of opportunity is not a defense. The renunciation must be genuine and final.

Examples

A soldier who aims a weapon and pulls the trigger with intent to kill but the weapon misfires has still committed attempted murder. An airman who fills out fraudulent paperwork and tries to submit it but is caught before payment is made is guilty of attempted fraud. A sailor who tries to desert by leaving their unit and is stopped at the gate is guilty of attempted desertion. These examples show how Article 80 ensures accountability even when a crime is interrupted or fails.

Conclusion

Article 80 plays a preventive role in military justice. It punishes deliberate intent combined with overt action, discouraging service members from moving beyond preparation into execution of crimes. The law balances fairness by limiting punishment but maintains strong deterrence by treating attempts seriously. By addressing misconduct at an early stage, Article 80 preserves order and discipline in the armed forces.

Frequently Asked Questions

1. What does Article 80 punish?
It punishes attempts to commit any UCMJ offense when a service member takes a substantial step toward the crime with the required intent. The crime need not be completed. Intent plus overt act is enough.

2. How is punishment determined for attempts?
The maximum punishment cannot exceed that of the completed offense. Death may not be imposed for an attempt, and confinement may not exceed twenty years unless the offense is attempted murder. This keeps punishments proportional.

3. Is factual impossibility a defense?
No, factual impossibility is not a defense. A person who tries to commit a crime under circumstances that make success impossible is still guilty. The law focuses on the intent and act, not the outcome.

4. What about legal impossibility?
Legal impossibility can be a defense. If the act attempted would not have been a crime even if completed, then no attempt liability exists. This prevents punishing conduct that is not criminal.

5. Can abandonment serve as a defense?
Yes, but only if the abandonment is voluntary and complete. If someone fully renounces the plan before completion, they may avoid conviction. Fear of being caught or inability to succeed does not count as true abandonment.

6. What is an example of attempt in practice?
Examples include trying to desert but being stopped at the gate, attempting to file fraudulent claims, or pulling the trigger of a weapon that fails to fire. Each case involves intent plus an overt act.

7. Why does the military punish attempts so strictly?
The military must prevent harm and maintain order. Even incomplete crimes threaten discipline and trust. Punishing attempts ensures accountability before misconduct can escalate.

8. Can attempt charges apply to all UCMJ offenses?
Yes, Article 80 applies broadly to all offenses unless a specific article has its own attempt provision. It is a universal tool for addressing misconduct at the attempt stage.

9. How do courts decide if preparation has become an attempt?
They examine whether the accused’s acts went beyond planning and moved into execution. The key question is whether the steps clearly indicated the crime was underway. This distinction is judged on the facts of each case.

10. Why is Article 80 important?
It protects the armed forces from harmful conduct by addressing crimes early. It deters misconduct by holding members accountable even for failed attempts. The article reinforces discipline, accountability, and fairness in the military system.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 880, Article 80
  • Manual for Courts-Martial, United States (latest edition)
  • Department of Defense, Military Justice Regulations and Commentary
  • Legal Information Institute, Cornell Law School, UCMJ statutory text
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 80 or any other UCMJ provision, you should consult a qualified military attorney.

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