dreamproit/uscode huggingface dataset:
10 U.S.C. § 876a (ARMED FORCES)
§ 876a. Art. 76a. Leave required to be taken pending review of certain court-martial convictions
Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under section 860c of this title (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.
(Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087; amended Pub. L. 98–209, § 5(g), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 114–328, div. E, title LIX, § 5338, Dec. 23, 2016, 130 Stat. 2937.)
heading: Amendments
text: 2016—Pub. L. 114–328 struck out “, as approved under section 860 of this title (article 60),” after “if the sentence” and substituted “of the entry of judgment under section 860c of this title (article 60c)” for “on which the sentence is approved under section 860 of this title (article 60)”.
1983—Pub. L. 98–209 substituted “under section 860 of this title (article 60)” for “under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction” and “by the officer exercising general court-martial jurisdiction”, respectively.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
heading: Effective Date of 1983 Amendment
text: Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title.
heading: Effective Date
text: Section to take effect at end of 60-day period beginning on Nov. 20, 1981, to apply to each member whose sentence by court-martial is approved on or after Jan. 20, 1982, under section 864 or 865 of this title by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 (Pub. L. 98–209), or under section 860 of this title by the officer empowered to act on the sentence on or after that effective date, see section 7(a), (b)(1) of Pub. L. 97–81, set out as a note under section 706 of this title.
10 U.S.C. § 879 (ARMED FORCES)
§ 879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts
(a) In General.—
An accused may be found guilty of any of the following:
(1) The offense charged.
(2) A lesser included offense.
(3) An attempt to commit the offense charged.
(4) An attempt to commit a lesser included offense, if the attempt is an offense in its own right.
(b) Lesser Included Offense Defined.—
In this section (article), the term “lesser included offense” means—
(1) an offense that is necessarily included in the offense charged; and
(2) any lesser included offense so designated by regulation prescribed by the President.
(c) Regulatory Authority.—
Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be reasonably included in the greater offense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 65; Pub. L. 114–328, div. E, title LX, § 5402, Dec. 23, 2016, 130 Stat. 2939.)
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 Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 882 (ARMED FORCES)
§ 882. Art. 82. Soliciting commission of offenses
(a) Soliciting Commission of Offenses Generally.—
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.
(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before the Enemy.—
Any person subject to this chapter who solicits or advises another to violate section 885 of this title (article 85), section 894 of this title (article 94), or section 899 of this title (article 99)—
(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and
(2) if the offense solicited or advised is not attempted or committed, 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; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(M), Dec. 12, 2017, 131 Stat. 1598.)
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: 2017—Subsec. (b). Pub. L. 115–91 substituted “section 899” for “section 99” in introductory provisions.
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 2017 Amendment
text: Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 883 (ARMED FORCES)
§ 883. Art. 83. Malingering
Any person subject to this chapter who, with the intent to avoid work, duty, or service—
(1) feigns illness, physical disablement, mental lapse, or mental derangement; or
(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
(Added Pub. L. 114–328, div. E, title LX, § 5404, Dec. 23, 2016, 130 Stat. 2940.)
heading: Prior Provisions
text: A prior section 883 was renumbered section 904a of this title.
heading: Effective Date
text: Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 884 (ARMED FORCES)
§ 884. Art. 84. Breach of medical quarantine
Any person subject to this chapter—
(1) who is ordered into medical quarantine by a person authorized to issue such order; and
(2) who, with knowledge of the quarantine and the limits of the quarantine, goes beyond those limits before being released from the quarantine by proper authority;
shall be punished as a court-martial may direct.
(Added Pub. L. 114–328, div. E, title LX, § 5405, Dec. 23, 2016, 130 Stat. 2940.)
heading: Prior Provisions
text: A prior section 884 was renumbered section 904b of this title.
heading: Effective Date
text: Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 887 (ARMED FORCES)
§ 887. Art. 87. Missing movement; jumping from vessel
(a) Missing Movement.—
Any person subject to this chapter who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.
(b) Jumping From Vessel Into the Water.—
Any person subject to this chapter who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces 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.)
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 Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 887a (ARMED FORCES)
§ 887a. Art. 87a. Resistance, flight, breach of arrest, and escape
Any person subject to this chapter who—
(1) resists apprehension;
(2) flees from apprehension;
(3) breaks arrest; or
(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 69, § 895; Pub. L. 104–106, div. A, title XI, § 1112(a), Feb. 10, 1996, 110 Stat. 461; renumbered § 887a, Pub. L. 114–328, div. E, title LX, § 5401(2), Dec. 23, 2016, 130 Stat. 2938.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
895
50:689.
May 5, 1950, ch. 169, § 1 (Art. 95), 64 Stat. 136.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 895 of this title as this section.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 887b (ARMED FORCES)
§ 887b. Art. 87b. Offenses against correctional custody and restriction
(a) Escape From Correctional Custody.—
Any person subject to this chapter—
(1) who is placed in correctional custody by a person authorized to do so;
(2) who, while in correctional custody, is under physical restraint; and
(3) who escapes from the physical restraint before being released from the physical restraint by proper authority;
shall be punished as a court-martial may direct.
(b) Breach of Correctional Custody.—
Any person subject to this chapter—
(1) who is placed in correctional custody by a person authorized to do so;
(2) who, while in correctional custody, is under restraint other than physical restraint; and
(3) who goes beyond the limits of the restraint before being released from the correctional custody or relieved of the restraint by proper authority;
shall be punished as a court-martial may direct.
(c) Breach of Restriction.—
Any person subject to this chapter—
(1) who is ordered to be restricted to certain limits by a person authorized to do so; and
(2) who, with knowledge of the limits of the restriction, goes beyond those limits before being released by proper authority;
shall be punished as a court-martial may direct.
(Added Pub. L. 114–328, div. E, title LX, § 5407, Dec. 23, 2016, 130 Stat. 2941.)
heading: Effective Date
text: Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 889 (ARMED FORCES)
§ 889. Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer
(a) Disrespect.—
Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court-martial may direct.
(b) Assault.—
Any person subject to this chapter who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished—
(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and
(2) if the offense is committed at any other time, by such punishment, other than death, 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.)
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: Prior Provisions
text: Provisions similar to those in subsec. (b) of this section were contained in section 890 of this title, prior to amendment by Pub. L. 114–328, div. E, title LX, § 5409, Dec. 23, 2016, 130 Stat. 2942.
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 Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 890 (ARMED FORCES)
§ 890. Art. 90. Willfully disobeying superior commissioned officer
Any person subject to this chapter who willfully disobeys a lawful command of that person’s superior commissioned officer shall be punished—
(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and
(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 68; Pub. L. 114–328, div. E, title LX, § 5409, Dec. 23, 2016, 130 Stat. 2942.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
890
50:684.
May 5, 1950, ch. 169, § 1 (Art. 90), 64 Stat. 135.
The word “commissioned” is inserted for clarity.
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offense of assaulting or willfully disobeying a superior commissioned officer. See section 889(b) of this title.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 895 (ARMED FORCES)
§ 895. Art. 95. Offenses by sentinel or lookout
(a) Drunk or Sleeping on Post, or Leaving Post Before Being Relieved.—
Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished—
(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and
(2) if the offense is committed other than in time of war, by such punishment, other than death, as a court-martial may direct.
(b) Loitering or Wrongfully Sitting on Post.—
Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 913; renumbered § 895 and amended Pub. L. 114–328, div. E, title LX, §§ 5401(8), 5411, Dec. 23, 2016, 130 Stat. 2938, 2943.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
913
50:707.
May 5, 1950, ch. 169, § 1 (Art. 113), 64 Stat. 139.
heading: Prior Provisions
text: A prior section 895 was renumbered section 887a of this title.
heading: Amendments
text: 2016—Pub. L. 114–328, § 5411, amended section generally. Prior to amendment, text read as follows: “Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment other than death as a court-martial may direct.”
Pub. L. 114–328, § 5401(8), renumbered section 913 of this title as this section.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 895a (ARMED FORCES)
§ 895a. Art. 95a. Disrespect toward sentinel or lookout
(a) Disrespectful Language Toward Sentinel or Lookout.—
Any person subject to this chapter who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.
(b) Disrespectful Behavior Toward Sentinel or Lookout.—
Any person subject to this chapter who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.
(Added Pub. L. 114–328, div. E, title LX, § 5412, Dec. 23, 2016, 130 Stat. 2943.)
heading: Effective Date
text: Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 896 (ARMED FORCES)
§ 896. Art. 96. Release of prisoner without authority; drinking with prisoner
(a) Release of Prisoner Without Authority.—
Any person subject to this chapter—
(1) who, without authority to do so, releases a prisoner; or
(2) who, through neglect or design, allows a prisoner to escape;
shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.
(b) Drinking With Prisoner.—
Any person subject to this chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 69; Pub. L. 114–328, div. E, title LX, § 5413, Dec. 23, 2016, 130 Stat. 2944.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
896
50:690.
May 5, 1950, ch. 169, § 1 (Art. 96), 64 Stat. 136.
The words “whether or not the prisoner was committed in strict compliance with law” are substituted for the word “duly”, to reflect the long standing construction expressed in the Manual for Courts-Martial, United States, 1951, par. 175a.
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, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.”
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 898 (ARMED FORCES)
§ 898. Art. 98. Misconduct as prisoner
Any person subject to this chapter who, while in the hands of the enemy in time of war—
(1) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) while in a position of authority over such persons maltreats them without justifiable cause;
shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 71, § 905; renumbered § 898, Pub. L. 114–328, div. E, title LX, § 5401(6), Dec. 23, 2016, 130 Stat. 2938.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
905
50:699.
May 5, 1950, ch. 169, § 1 (Art. 105), 64 Stat. 138.
heading: Prior Provisions
text: A prior section 898 was renumbered section 931f of this title.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 905 of this title as this section.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 903b (ARMED FORCES)
§ 903b. Art. 103b. Aiding the enemy
Any person who—
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct. This section does not apply to a military commission established under chapter 47A of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 70, § 904; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; renumbered § 903b, Pub. L. 114–328, div. E, title LX, § 5401(5), Dec. 23, 2016, 130 Stat. 2938.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
904
50:698.
May 5, 1950, ch. 169, § 1 (Art. 104), 64 Stat. 138.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 904 of this title as this section.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.