(5) Solicitation. Soliciting another to commit an offense does not constitute an attempt. See paragraph 6 for a discussion of article 82, solicitation.
(6) Attempts not under Article 80. While most attempts should be charged under Article 80, the following attempts are specifically addressed by some other article, and should be charged accordingly:
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(a)
Article 85—desertion
(b) Article 94—mutiny or sedition.
(c) Article 100—subordinate compelling
(d) Article 104—aiding the enemy
(e) Article 106a—espionage
(f) Article 128—assault
(7) Regulations. An attempt to commit conduct which would violate a lawful general order or regulation under Article 92 (see paragraph 16) should be charged under Article 80. It is not necessary in such cases to prove that the accused intended to violate the order or regulation, but it must be proved that the accused intended to commit the prohibited conduct.
d . Lesser included offenses. If the accused is charged with an attempt under Article 80, and the offense attempted has a lesser included offense, then the offense of attempting to commit the lesser included offense would ordinarily be a lesser included offense to the charge of attempt. For example, if an accused was charged with attempted larceny, the offense of attempted wrongful appropriation would be a lesser included offense, although it, like the attempted larceny, would be a violation of Article 80.
e. Maximum punishment. Any person subject to the code who is found guilty of an attempt under Article 80 to commit any offense punishable by the code shall be subject to the same maximum punishment authorized for the commission of the offense attempted, except that in no case shall the death penalty be adjudged, nor shall any mandatory minimum punishment provisions apply; and in no case, other than attempted murder, shall confinement exceeding 20 years be adjudged.
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Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 4
