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10 U.S.C. § 817 — Art. 17. Jurisdiction of courts-martial in general
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_464831fb53b4cd821b73fca7
Source file: Laws/federal/codes/united-states-code/title-10/section-817-art-17-jurisdiction-of-courts-martial-in-general--17ff0138eb.md
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Source location: Title 10, Chapter 47, § 817; chapter-047-uniform-code-of-military-justice.md
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**(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
**(a)** 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), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war.
**(b)** A general court-martial of the kind specified in [section 816(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/b/3&num=0&edition=prelim) (article 16(b)(3)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.
**(c)** Consistent with sections 819 and 820 of this title (articles 19 and 20), only general courts-martial have jurisdiction over the following offenses:
(1) A violation of subsection (a) or (b) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120).
(2) A violation of subsection (a) or (b) of [section 920b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920b&num=0&edition=prelim) (article 120b).
(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 818
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(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), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard-labor without confinement for more than 45 days, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month’s pay.
**(b) Non-criminal Forum.—** A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 820
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Federal law — U.S. Code and appendices · legal_authorities
### 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
Page 732
TITLE 10—ARMED FORCES
§ 817
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 sec-
tion 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 imple-
menting regulations and provisions relating to applica-
bility 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.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–107, div. A, title V, § 582(d), Dec. 28, 2001,
115 Stat. 1125, provided that: ‘‘The amendments made
by this section [enacting section 825a of this title and
amending this section and section 829 of this title] shall
apply with respect to offenses committed after Decem-
ber 31, 2002.’’
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98–209 effective first day of
eighth calendar month beginning after Dec. 6, 1983, see
section 12(a)(1) of Pub. L. 98–209, set out as a note under
section 801 of this title.
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.
§ 817. Art. 17. Jurisdiction of courts-martial in
general
(a) Each armed force has court-martial juris-
diction 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 gen-
eral court-martial for the command which held
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 817
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