10 U.S.C. § 881
Section 881 · Art. 81. Conspiracy
Amended 2 times on record
Applied in 636 court decisions — leading case Kinsella v. United States Ex Rel. Singleton (1960)
Most recently applied in United States v. Jimenez (July 2018)
Cases citing this section usually also cite 10 U.S.C. § 866 · 10 U.S.C. § 859 · 10 U.S.C. § 934
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
(b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The words “or persons” are omitted as surplusage, since under section 1 of title 1 words importing the singular may apply to several persons.
Amendments
2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).