UCMJ Article 82 Solicitation vs Article 134 Pandering and Prostitution: Asking Others to Commit Crimes vs Commercial Sex Offenses
On this page: 6 sections
“Solicitation” means two different things in military law searches. Under Article 82, it is the general offense of asking or advising someone else to commit any UCMJ offense. In the commercial sex context, the Manual for Courts-Martial does not use that word for an offense at all: the Article 134 offenses are prostitution, patronizing a prostitute, and two forms of pandering (MCM, Part IV, ¶ 106). Compelling someone into prostitution is a separate offense again, forcible pandering under Article 120c(b).
Article 82: soliciting any offense
(a) … Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 882(a) (Article 82).
The offense requires intent that the solicited offense actually be committed, and it is complete when the request or advice is made; the person asked need not agree or act (MCM, Part IV, ¶ 6.b-c). Where soliciting is itself an element of another offense, the Manual directs that the other offense be charged, and it names pandering as an example (¶ 6.c(3)).
Subsection (b) treats solicitation of desertion, mutiny or sedition, and misbehavior before the enemy separately: if the solicited offense is attempted or committed, the solicitor faces “the punishment provided for the commission of the offense” (§ 882(b)(1)). For mutiny and misbehavior before the enemy, that punishment includes death.
Article 134: prostitution, patronizing, and pandering
The Manual lists four offenses, each requiring the Article 134 terminal element (¶ 106.b):
- Prostitution: engaging in a sexual act with a person not one’s spouse, for money or other compensation, wrongfully.
- Patronizing a prostitute: engaging in a sexual act with a person not one’s spouse after compelling, inducing, enticing, or procuring that person to do so in exchange for money or other compensation, wrongfully.
- Pandering by inducing, enticing, or procuring: wrongfully inducing, enticing, or procuring a person to engage in a sexual act for hire with someone the accused directs to that person.
- Pandering by arranging: wrongfully arranging for, or receiving valuable consideration for arranging for, a person to engage in a sexual act.
“Sexual act” has the Article 120 meaning (¶ 106.c(1)). These offenses do not preempt other lawful regulations or orders on sexual conduct for compensation, and violations of those may be punishable under Article 92 (¶ 106.c(2)).
Forcible pandering, Article 120c(b)
Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 920c(b) (Article 120c).
How the facts sort
| Solicitation (Article 82) | Patronizing or pandering (Article 134) | Forcible pandering (Article 120c(b)) | |
|---|---|---|---|
| Core act | Asking or advising another to commit any UCMJ offense | Paying for, arranging, or procuring commercial sexual acts | Compelling a person into prostitution |
| Completed act needed | No; complete on the request | Patronizing requires a sexual act; pandering requires inducing or arranging | The prostitution must be compelled |
| Terminal element | None | Required | None |
| Maximum | Up to 10 years or the underlying maximum, whichever is less, outside Article 82(b) and espionage | 1 year (prostitution, patronizing); 5 years (pandering) | 20 years |
For example, a service member who pays a person for a sexual act raises patronizing a prostitute, which also requires proof of the terminal element, and the relevant article is 134, not 82. Urging a friend to steal a car is a different matter: that is solicitation of larceny under Article 82, complete when made, whether or not the friend steals anything. A service member who uses threats to force another person to sell sex raises forcible pandering under Article 120c(b). The elements of each offense, not the everyday meaning of “solicitation,” decide which one fits.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 6.d, ¶ 106.d, ¶ 63.d) |
|---|---|
| Solicitation of offenses other than those in Article 82(b) and espionage | Dishonorable discharge, forfeiture of all pay and allowances, and 10 years, or the maximum for the underlying offense, whichever is less |
| Solicitation of desertion, mutiny or sedition, or misbehavior before the enemy, offense committed or attempted | The punishment for the offense itself |
| The same, offense not committed or attempted | 15 years, or the underlying maximum, whichever is less, with dishonorable discharge and total forfeitures |
| Solicitation of espionage | Any punishment other than death |
| Prostitution; patronizing a prostitute | Dishonorable discharge, forfeiture of all pay and allowances, 1 year |
| Pandering | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Forcible pandering | Dishonorable discharge, forfeiture of all pay and allowances, 20 years |
Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, other than in a capital case (10 U.S.C. § 853(b)(1)). Article 120c offenses, including forcible pandering, are covered offenses handled by special trial counsel for offenses after that date (10 U.S.C. §§ 801(17), 824a).
Sources
- 10 U.S.C. § 882, soliciting commission of offenses (Article 82)
- 10 U.S.C. § 934, general article (Article 134)
- 10 U.S.C. § 920c, other sexual misconduct (Article 120c)
- 10 U.S.C. § 801, definitions (Article 1)
- 10 U.S.C. § 824a, special trial counsel (Article 24a)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 6, ¶ 63, and ¶ 106.
General information on Article 82 and the commercial sex offenses; no conduct or charge is assessed. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.