10 U.S. Code § 848 - Art. 48. Contempts
Pub. L. 115–91, div. A, title X, § 1081(c)(1)(F), (4), Dec. 12, 2017, 131 Stat. 1598, 1599, provided that, effective immediately after the amendment made by section 5230 of Pub. L. 114–328, set out below, takes effect as provided for in section 5542 of that Act, subsection (c)(1) of this section is amended by striking “section 866(g) of this title (article 66(g))” and inserting “section 866(h) of this title (article 66(h))”. See 2017 Amendment note below.
Pub. L. 114–328, div. E, title LVII, § 5230, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2913, 2967, and Ex. Ord. No. 13825, Mar. 1, 2018, 83 F.R. 9889, made amendments to this section effective, except as otherwise provided, on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations. After such effective date, this section will read as follows:
§ 848. Art. 48. Contempt
(B) disturbs the proceeding by any riot or disorder; or
(C) willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding.
(2) A judicial officer referred to in paragraph (1) is any of the following:
(D) The president of a court of inquiry.
(b) Punishment.—The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both.
(c) Review.—A punishment under this section—
(1) if imposed by a military judge or military magistrate, may be reviewed by the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal Appeals under section 866(g) of this title (article 66(g));
(2) if imposed by a judge of the Court of Appeals for the Armed Forces or a judge of a Court of Criminal Appeals, shall constitute a judgment of the court, subject to review under the applicable provisions of section 867 or 867a of this title (article 67 or 67a); and
(3) if imposed by a court of inquiry, shall be subject to review by the convening authority in accordance with rules prescribed by the President.
See 2016 Amendment notes below.
Historical and Revision Notes
Source (U.S. Code)
Source (Statutes at Large)
The word “may” is substituted for the word “shall”.
2016—Pub. L. 114–328, § 5230(c), amended section catchline generally, substituting “Contempt” for “Contempts”.
Subsec. (a). Pub. L. 114–328, § 5230(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “A judge detailed to a court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or a military commission may punish for contempt any person who—
Subsecs. (c), (d). Pub. L. 114–328, § 5230(b), added subsec. (c) and redesignated former subsec. (c) as (d).
2011—Pub. L. 111–383 amended section generally. Prior to amendment, text read as follows: “A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. This section does not apply to a military commission established under chapter 47A of this title.”
2006—Pub. L. 109–366 inserted last sentence.
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.
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.