dreamproit/uscode huggingface dataset:
10 U.S.C. § 853a (ARMED FORCES)
§ 853a. Art. 53a. Plea agreements
(a) In General.—
(1) At any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
(A) the manner in which the convening authority will dispose of one or more charges and specifications; and
(B) limitations on the sentence that may be adjudged for one or more charges and specifications.
(2) The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
(b) Limitation on Acceptance of Plea Agreements.—
The military judge of a general or special court-martial shall reject a plea agreement that—
(1) contains a provision that has not been accepted by both parties;
(2) contains a provision that is not understood by the accused; or
(3) except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2)).
(c) Limited Conditions for Acceptance of Plea Agreement for Sentence Below Mandatory Minimum for Certain Offenses.—
With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))—
(1) the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and
(2) upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.
(d) Binding Effect of Plea Agreement.—
Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the military judge.
(Added Pub. L. 114–328, div. E, title LVII, § 5237, Dec. 23, 2016, 130 Stat. 2917.)
heading: Delayed Effective Date
text: For delayed effective date of section, see Effective Date note below.
heading: Effective Date
text: Section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.
10 U.S.C. § 856a (ARMED FORCES)
§ 856a. Art. 56a. Sentence of confinement for life without eligibility for parole
(a) For any offense for which a sentence of confinement for life may be adjudged, a court-martial may adjudge a sentence of confinement for life without eligibility for parole.
(b) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—
(1) the sentence is set aside or otherwise modified as a result of—
(A) action taken by the convening authority, the Secretary concerned, or another person authorized to act under section 860 of this title (article 60); or
(B) any other action taken during post-trial procedure and review under any other provision of subchapter IX;
(2) the sentence is set aside or otherwise modified as a result of action taken by a Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court; or
(3) the accused is pardoned.
(Added Pub. L. 105–85, div. A, title V, § 581(a)(1), Nov. 18, 1997, 111 Stat. 1759.)
heading: Repeal of Section
text: Pub. L. 114–328, div. E, title LVIII, § 5301(b), title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2920, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is repealed.
heading: Effective Date of Repeal
text: Repeal effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.
heading: Effective Date
text: Pub. L. 105–85, div. A, title V, § 581(b), Nov. 18, 1997, 111 Stat. 1760, provided that: “Section 856a of title 10, United States Code (article 56a of the Uniform Code of Military Justice), as added by subsection (a), shall be applicable only with respect to an offense committed after the date of the enactment of this Act [Nov. 18, 1997].”
10 U.S.C. § 860c (ARMED FORCES)
§ 860c. Art. 60c. Entry of judgment
(a) Entry of Judgment of General or Special Court-martial.—
(1) In accordance with rules prescribed by the President, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:
(A) The Statement of Trial Results under section 860 of this title (article 60).
(B) Any modifications of, or supplements to, the Statement of Trial Results by reason of—
(i) any post-trial action by the convening authority; or
(ii) any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.
(2) Under rules prescribed by the President, the judgment under paragraph (1) shall be—
(A) provided to the accused and to any victim of the offense; and
(B) made available to the public.
(b) Summary Court-martial Judgment.—
The findings and sentence of a summary court-martial, as modified by any post-trial action by the convening authority under section 860b of this title (article 60b), constitutes the judgment of the court-martial and shall be recorded and distributed under rules prescribed by the President.
(Added Pub. L. 114–328, div. E, title LIX, § 5324, Dec. 23, 2016, 130 Stat. 2927.)
heading: Delayed Effective Date
text: For delayed effective date of section, see Effective Date note below.
heading: Effective Date
text: Section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.
10 U.S.C. § 867a (ARMED FORCES)
§ 867a. Art. 67a. Review by the Supreme Court
(a) Decisions of the United States Court of Appeals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28. The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Appeals for the Armed Forces in refusing to grant a petition for review.
(b) The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28.
(Added Pub. L. 101–189, div. A, title XIII, § 1301(b), Nov. 29, 1989, 103 Stat. 1569; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5332, Dec. 23, 2016, 130 Stat. 2935.)
heading: Amendment of Subsection (a)
text: Pub. L. 114–328, div. E, title LIX, § 5332, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2935, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, the second sentence of subsection (a) of this section is amended by inserting “United States” before “Court of Appeals”. See 2016 Amendment note below.
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–328 inserted “United States” before “Court of Appeals” in second sentence.
1994—Subsec. (a). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in two places.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 879 (ARMED FORCES)
§ 879. Art. 79. Conviction of lesser included offense
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
(Aug. 10, 1956, ch. 1041, 70A Stat. 65; Pub. L. 114–328, div. E, title LX, § 5402, Dec. 23, 2016, 130 Stat. 2939.)
heading: Amendment of Section
text: Pub. L. 114–328, div. E, title LX, § 5402, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2939, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is generally amended. See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
879
50:673.
May 5, 1950, ch. 169, § 1 (Art. 79), 64 Stat. 134.
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.”
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 882 (ARMED FORCES)
§ 882. Art. 82. Solicitation
(a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) 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 chapter who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 114–328, div. E, title LX, § 5403, Dec. 23, 2016, 130 Stat. 2939.)
heading: Amendment of Section
text: Pub. L. 114–328, div. E, title LX, § 5403, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2939, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is generally amended. See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
882(a)
882(b)
50:676(a).
50:676(b).
May 5, 1950, ch. 169, § 1, (Art. 82), 64 Stat. 134.
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to solicitation of desertion, mutiny, misbehavior before the enemy, or sedition.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 883 (ARMED FORCES)
§ 883. Art. 83. Fraudulent enlistment, appointment, or separation
Any person who—
(1) procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;
shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)
heading: Transfer and Enactment of Section
text: Pub. L. 114–328, div. E, title LX, §§ 5401(1), 5404, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2938, 2940, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is redesignated and transferred to become section 904a of this title (article 104a), and a new section 883 (article 83) is enacted. For text of new section 883 after the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
883
50:677.
May 5, 1950, ch. 169, § 1 (Art. 83), 64 Stat. 134.
In clauses (1) and (2), the words “means of” are omitted as surplusage.
heading: Effective Date of 2016 Amendment
text: Transfer of current section and enactment of new section 883 by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 884 (ARMED FORCES)
§ 884. Art. 84. Unlawful enlistment, appointment, or separation
Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)
heading: Transfer and Enactment of Section
text: Pub. L. 114–328, div. E, title LX, §§ 5401(1), 5405, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2938, 2940, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is redesignated and transferred to become section 904b of this title (article 104b), and a new section 884 (article 84) is enacted. For text of new section 884 after the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
884
50:678.
May 5, 1950, ch. 169, § 1 (Art. 84), 64 Stat. 135.
heading: Effective Date of 2016 Amendment
text: Transfer of current section and enactment of new section 884 by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 887 (ARMED FORCES)
§ 887. Art. 87. Missing movement
Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Pub. L. 114–328, div. E, title LX, § 5406, Dec. 23, 2016, 130 Stat. 2940.)
heading: Amendment of Section
text: Pub. L. 114–328, div. E, title LX, § 5406, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2940, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is generally amended. See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
887
50:681.
May 5, 1950, ch. 169, § 1 (Art. 87), 64 Stat. 135.
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.”
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 889 (ARMED FORCES)
§ 889. Art. 89. Disrespect toward superior commissioned officer
Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Pub. L. 114–328, div. E, title LX, § 5408, Dec. 23, 2016, 130 Stat. 2941.)
heading: Amendment of Section
text: Pub. L. 114–328, div. E, title LX, § 5408, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2941, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is generally amended. See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
889
50:683.
May 5, 1950, ch. 169, § 1 (Art. 89), 64 Stat. 135.
The word “commissioned” is inserted for clarity.
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.