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 special courts-martial.—

(A) Sentencing by military 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 courts-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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 114–328, div. E, title LVII, § 5236, Dec. 23, 2016, 130 Stat. 2916; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(G), Dec. 12, 2017, 131 Stat. 1598; Pub. L. 117–81, div. A, title V, § 539E(a), Dec. 27, 2021, 135 Stat. 1700.)

Amendment of Section

Pub. L. 117–81, div. A, title V, § 539E(a), (f), Dec. 27, 2021, 135 Stat. 1700, 1706, provided that, effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, this section is amended:

(1) in subsection (b), by amending paragraph (1) to read as follows:

“(1) General and special courts-martial.—Except as provided 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. The sentence determined by the military judge constitutes the sentence of the court-martial.”; and

(2) in subsection (c)—

(A) by amending paragraph (1) to read as follows:

“(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—

“(A) the members shall determine—

“(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or

“(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and

“(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).”; and

(B) in paragraph (2), by striking “the court-martial” and inserting “the military judge”.

See 2021 Amendment notes below.

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”.

Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 117–81, § 539E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) provided that, except for capital offenses, accused who is convicted in trial by general or special court-martial shall be sentenced by military judge or, if court-martial consisted of military judge and members, accused may elect sentencing by members.

Subsec. (c)(1). Pub. L. 117–81, § 539E(a)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “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.”

Subsec. (c)(2). Pub. L. 117–81, § 539E(a)(2)(B), substituted “the military judge” for “the court-martial”.

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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that:

“The amendments made by this section [amending this section and sections 853a, 856, and 866 of this title and repealing provisions set out as a note under section 856 of this title] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021] and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.”

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.