dreamproit/uscode huggingface dataset:
10 U.S.C. § 874 (ARMED FORCES)
§ 874. Art. 74. Remission and suspension
(a) The Secretary concerned and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the President. However, in the case of a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.
(b) The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
874(a)
874(b)
50:661(a).
50:661(b).
May 5, 1950, ch. 169, § 1 (Art. 74), 64 Stat. 132.
In subsections (a) and (b), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
heading: Editorial Notes
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–107 inserted “that is adjudged for an offense committed after October 29, 2000” after “a sentence of confinement for life without eligibility for parole”.
2000—Subsec. (a). Pub. L. 106–398 inserted at end “However, in the case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2000 Amendment
text: Pub. L. 106–398, § 1 [[div. A], title V, § 553(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125, provided that: “The amendment made by subsection (a) [amending this section] shall not apply with respect to a sentence of confinement for life without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act [Oct. 30, 2000].”
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 881 (ARMED FORCES)
§ 881. Art. 81. Conspiracy
(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
(b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109–366, § 4(b), Oct. 17, 2006, 120 Stat. 2631.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
881
50:675.
May 5, 1950, ch. 169, § 1 (Art. 81), 64 Stat. 134.
The words “or persons” are omitted as surplusage, since under section 1 of title 1 words importing the singular may apply to several persons.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Prior Provisions
text: A prior section 883 was renumbered section 904a of this title.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Prior Provisions
text: A prior section 884 was renumbered section 904b of this title.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 895 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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. § 888 (ARMED FORCES)
§ 888. Art. 88. Contempt toward officials
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Pub. L. 96–513, title V, § 511(25), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
888
50:682.
May 5, 1950, ch. 169, § 1 (Art. 88), 64 Stat. 135.
The word “commissioned” is inserted for clarity. The words “the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of the Treasury, or the Governor or legislature of any State, Territory, Commonwealth, or possession” are substituted for the words “Vice President, Congress, Secretary of Defense, or a Secretary of a Department, a Governor or a legislature of any State, Territory, or other possession of the United States”.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 struck out “Territory,” after “State,”.
2002—Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
1980—Pub. L. 96–513 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.