Browse Arkansas Code titles and sections
10 U.S.C. § 853a — Art. 53a. Plea agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to paragraph (3), at any time before the announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
(A) the manner in which the convening authority will dispose of one or more charges and specifications; and
(B) limitations on the sentence that may be adjudged for one or more charges and specifications.
(2) The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
(3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).
**(b) Acceptance of Plea Agreement.—** Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
(1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 853a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 3595abd1f6a172af84438996f6bb4b53bddcf39e807e47e91b4ed59a877bf59e. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_2b28b44cd4af1214abebd6f0
Source file: Laws/federal/codes/united-states-code/title-10/section-853a-art-53a-plea-agreements--c72bf9e261.md
Pages: Not recorded – Not recorded
Passage SHA-256: 8cc140dcce0507c6cfbd8e4eadaac57ede7f9d9f8342233d1f9caaaf1d1797f9
Source location: Title 10, Chapter 47, § 853a; chapter-047-uniform-code-of-military-justice.md
Stored source content
**(a) In General.—**
(1) Subject to paragraph (3), at any time before the announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
(A) the manner in which the convening authority will dispose of one or more charges and specifications; and
(B) limitations on the sentence that may be adjudged for one or more charges and specifications.
(2) The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
(3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).
**(b) Acceptance of Plea Agreement.—** Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
(1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and
(2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.
**(c) Limitation on Acceptance of Plea Agreements.—** The military judge of a general or special court-martial shall reject a plea agreement that—
(1) contains a provision that has not been accepted by both parties;
(2) contains a provision that is not understood by the accused;
(3) except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in [section 856(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section856/b/2&num=0&edition=prelim) (article 56(b)(2));
(4) is prohibited by law; or
(5) is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.
**(d) Limited Conditions for Acceptance of Plea Agreement for Sentence Below Mandatory Minimum for Certain Offenses.—** With respect to an offense referred to in [section 856(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section856/b/2&num=0&edition=prelim) (article 56(b)(2))—
(1) the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and
(2) upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.
**(e) Binding Effect of Plea Agreement.—** Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)) and the court-martial.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sentence Maximums.—** The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
**(b) Sentence Minimums for Certain Offenses.—**
(1) Except as provided in subsection (c) 11 See References in Text note below. of [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable.
(2) The offenses referred to in paragraph (1) are as follows:
(A) Rape under subsection (a) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120).
(B) Sexual assault under subsection (b) of such section (article).
(C) Rape of a child under subsection (a) of [section 920b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920b&num=0&edition=prelim) (article 120b).
(D) Sexual assault of a child under subsection (b) of such section (article).
(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80).
(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim) (article 81).
**(c) Imposition of Sentence.—**
(1) **In general.—** — In sentencing an accused under [section 853 of this title](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 856
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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.—** — 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.
(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—
(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).
(2) **Lesser authorized punishments.—** — In accordance with regulations prescribed by the President, the military judge 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 co
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 853
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Detail of Special Trial Counsel.—** Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
**(b) Qualifications.—** A special trial counsel shall be a commissioned officer who—
(1)
(A) is a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and
(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
(i) the Judge Advocate General of the armed force of which the officer is a member; or
(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
(2) in the case of a lead special trial counsel appointed pursuant to [section 1044f(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044f/a/2&num=0&edition=prelim), is in a grade no lower than O–7.
**(c) Duties and Authorities.—**
(1) **In general.—** — Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
(2) **Determination of covered offense; related charges.—**
(A) *Authority.—* — A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
(B) *Known and related offenses.—* — If a special trial counsel determines that a reported offense is a covered offense, the spe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 824a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be adjudged, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
**(b)** If the sentence adjudged by the first court-martial was in accordance with a plea agreement under [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a) and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been adjudged at the first court-martial, subject to such limitations as the President may prescribe by regulation.
**(c)** If, after appeal by the Government under [section 856(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section856/d&num=0&edition=prelim) (article 56(d)), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Criminal Appeals or Court of Appeals for the Armed Forces, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the President may prescribe by regulati
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 863
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when such person—
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), such person shall suffer death or imprisonment for life as a court-martial may direct, unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 918
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 769
TITLE 10—ARMED FORCES
§ 853a
(i) whether the sentence for that offense
shall be death or life in prison without eli-
gibility 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).
(2) LESSER AUTHORIZED PUNISHMENTS.—In ac-
cordance with regulations prescribed by the
President, the military judge 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 cap-
ital 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.)
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 milit
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 853a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.