N.Y. Military Law § 130.78: Solicitation

§ 130.78. Solicitation. (a) Any person subject to this code who

solicits or advises another or others to desert in violation of section

130.81 or mutiny in violation of section 130.90 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, he shall be

punished as a court-martial may direct.

(b) 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

section 130.95 or sedition in violation of section 130.90 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, he shall be punished as a

court-martial may direct.