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10 U.S.C. § 819 — Art. 19. Jurisdiction of special courts-martial

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 819 — Art. 19. Jurisdiction of special courts-martial

**(a) In General.—** Subject to [section 817 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section817&num=0&edition=prelim) (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year. **(b) Additional Limitation.—** Neither a bad-conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under [section 816(c)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/c/2/A&num=0&edition=prelim) (article 16(c)(2)(A)). **(c) Military Magistrate.—** If charges and specifications are referred to a special court-martial consisting of a military judge alone under [section 816(c)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/c/2/A&num=0&edition=prelim) (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military magistrate to preside over the special court-martial.

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Source location: Title 10, Chapter 47, § 819; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 817 — Art. 17. Jurisdiction of courts-martial in general

**(a)** Each armed force has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one armed force over personnel of another armed force shall be in accordance with regulations prescribed by the President. **(b)** In all cases, departmental review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the department that includes the armed force of which the accused is a member.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 816 — Art. 16. Courts-martial classified

**(a) In General.—** The three kinds of courts-martial in each of the armed forces are the following: (1) General courts-martial, as described in subsection (b). (2) Special courts-martial, as described in subsection (c). (3) Summary courts-martial, as described in subsection (d). **(b) General Courts-martial.—** General courts-martial are of the following three types: (1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29). (2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under [section 825a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825a&num=0&edition=prelim) (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29). (3) A general court-martial consisting of a military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request. **(c) Special Courts-martial.—** Special courts-martial are of the following two types: (1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29). (2) A special court-martial consisting of a military judge alone— (A) if the case is so referred, subject to [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19) and such limitations as the President may prescribe by regulation; or (B)

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 816

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 848 — Art. 48. Contempt

**(a) Authority To Punish.—** (1) With respect to any proceeding under this chapter, a judicial officer specified in paragraph (2) may punish for contempt any person who— (A) uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding; (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: (A) Any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66). (B) Any military judge detailed to a court-martial, a provost court, a military commission, or any other proceeding under this chapter. (C) Any military magistrate designated to preside under [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19). (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(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/h&num=0&edition=prelim) (article 66(h)); (2) if imposed by a judge of the Court of Appeals for the Armed Forces or

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 848

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 576 to 581 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 576, act May 5, 1950, ch. 169, § 1, 64 Stat. 113, classified types of courts-martial. See [section 816 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim), Armed Forces. Section 577, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of courts-martial in general. See [section 817 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section817&num=0&edition=prelim). Section 578, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of general courts-martial. See [section 818 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section818&num=0&edition=prelim). Section 579, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of special courts-martial. See [section 819 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim). Section 580, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of summary courts-martial. See [section 820 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section820&num=0&edition=prelim). Section 581, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, provided that jurisdiction of courts-martial was not exclusive. See [section 821 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section821&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 576 to 581

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 819 — Art. 19. Jurisdiction of special courts-mar-

Page 733 TITLE 10—ARMED FORCES § 820 date of the enactment of this Act [Dec. 26, 2013], and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), com- mitted on or after that date.’’ EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 819. Art. 19. Jurisdiction of special courts-mar- tial (a) IN GENERAL.—Subject to section 817 of this title (article 17), special courts-martial have ju- risdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limita- tions as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year. (b) ADDITIONAL LIMITATION.—Neither a bad- conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court- martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)). (c) MILITARY MAGISTRATE.—If charges and specifications are referred to a special court- martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), t

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 819

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