(1) Any person subject to this code who solicits or advises another or others to desert in violation of KRS 35.473, or mutiny in violation of KRS 35.577, shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
(2) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of KRS 35.600 or sedition in violation of KRS 35.577 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.