10 U.S. Code § 853. Art. 53. Findings and sentencing

(a)Announcement.—
A court-martial shall announce its findings and sentence to the parties as soon as determined.
(b)Sentencing Generally.—
(1)General and -martial.—
(A)Sentencing by judge.—
Except as provided in subparagraph (B), and in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused.
(B)Sentencing by members.—
If the accused is convicted of an offense by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under section 825 of this title (article 25), the members shall sentence the accused.
(C)Sentence of the accused.—
The sentence determined pursuant to this paragraph constitutes the sentence of the accused.
(2)Summary -martial.—
If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
(c)Sentencing for Capital Offenses.—
(1)In general.—
In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.
(2)Lesser authorized punishments.—
In accordance with regulations prescribed by the President, the court-martial may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.
(3)Other non-capital offenses.—
In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

853

50:628.

May 5, 1950, ch. 169, § 1 (Art. 53), 64 Stat. 125.

The word “A” is substituted for the word “Every”.

Amendments

2017—Subsec. (b)(1)(B). Pub. L. 115–91 struck out “in a trial” after “convicted of an offense”.

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “A court-martial shall announce its findings and sentence to the parties as soon as determined.”

Effective Date of 2017 Amendment

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.

Effective Date of 2016 Amendment

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.