Browse Arkansas Code titles and sections

10 U.S.C. § 824a — Art. 24a. Special trial counsel

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

10 U.S.C. § 824a — Art. 24a. Special trial counsel

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 824a

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: 1d6cf4c6e65a92b225b6d9cdce40a31d89577cddcdfd4713e68d6db04f81d0e2. 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_ae3cc471f90c183151c07b12
Source file: Laws/federal/codes/united-states-code/title-10/section-824a-art-24a-special-trial-counsel--352fd27c64.md
Pages: Not recorded – Not recorded
Passage SHA-256: 52d7c7928523c4bebcf505384d0ebc5ab4779bd8188fc55f9b8dfd65ca6da626

Source location: Title 10, Chapter 47, § 824a; chapter-047-uniform-code-of-military-justice.md

Stored source content

**(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 special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. (3) **Dismissal; referral; plea bargains.—** — Subject to paragraph (5), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— (A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an authorized rehearing is impracticable. (4) **Binding determination.—** — The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. (5) **Deferral to commander or convening authority.—** — If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial. **(d) Special Trial Counsel Authority Over Certain Other Offenses.—** (1) **Offenses occurring before effective date.—** — A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: (A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article 120a), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023. (B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023. (C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019. (D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as 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). (E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under [section 882 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section882&num=0&edition=prelim) (article 82). (F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as 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). (2) **The standalone offense of sexual harassment.—** — After January 1, 2025, a special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: (A) The standalone offense of sexual harassment punishable under [section 934 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section934&num=0&edition=prelim) (article 134) in each instance in which— (i) the offense occurs after January 26, 2022, and on or before January 1, 2025; and (ii) a formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned. (B) A conspiracy to commit an offense specified in subparagraph (A) as 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) A solicitation to commit an offense specified in subparagraph (A) as punishable under [section 882 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section882&num=0&edition=prelim) (article 82). (D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) as 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). (3) **Effect of exercise of authority.—** (A) *Treatment as covered offense.—* — If a special trial counsel exercises authority over an offense pursuant to paragraph (1) or (2), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter. (B) *Known or related offenses.—* — If a special trial counsel exercises authority over an offense pursuant to subsection (c)(2)(A) or paragraph (1) or (2) of this subsection, the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.

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

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

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

10 U.S.C. § 881 — Art. 81. Conspiracy

**(a)** Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. **(b)** Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 881

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

10 U.S.C. § 882 — Art. 82. Soliciting commission of offenses

**(a) Soliciting Commission of Offenses Generally.—** Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct. **(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before the Enemy.—** Any person subject to this chapter who solicits or advises another to violate [section 885 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section885&num=0&edition=prelim) (article 85), [section 894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section894&num=0&edition=prelim) (article 94), or [section 899 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section899&num=0&edition=prelim) (article 99)— (1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and (2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 882

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

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

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

10 U.S.C. § 880 — Art. 80. Attempts

**(a)** An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. **(b)** Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed. **(c)** Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 880

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

10 U.S.C. § 934 — Art. 134. General article

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. As used in the preceding sentence, the term “crimes and offenses not capital” includes any conduct engaged in outside the United States, as defined in [section 5 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5&num=0&edition=prelim), that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in [section 7 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 934

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

10 U.S.C. § 1044f — Policies with respect to special trial counsel

**(a) Policies Required.—** The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. Subject to subsection (c), the policies shall— (1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary concerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered off

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044f

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

10 U.S.C. § 832 — Art. 32. Preliminary hearing required before referral to general court-martial

**(a) In General.—** (1) (A) Except as provided in subparagraph (B), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer detailed in accordance with subparagraph (C). (B) Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President. (2) The purpose of the preliminary hearing shall be limited to determining the following: (A) Whether or not the specification alleges an offense under this chapter. (B) Whether or not there is probable cause to believe that the accused committed the offense charged. (C) Whether or not the convening authority has court-martial jurisdiction over the accused and ove

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 832

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

10 U.S.C. § 834 — Art. 34. Advice to convening authority before referral for trial

**(a) General Court-martial.—** (1) **Staff judge advocate advice required before referral.—** — Subject to subsection (c), before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that— (A) the specification alleges an offense under this chapter; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense. (2) **Staff judge advocate recommendation as to disposition.—** — Together with the written advice provided under paragraph (1), the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline. (3) **Staff judge advocate advice and recommendation to accompany referral.—** — When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph (1) and the written recommendation of the staff judge advocate under paragraph (2) with respect to each specification shall accompany the referral. **(b) Special Court-martial; Convening Authority Consultation With Judge Advocate.—** Subject to subsection (c), before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues. **(c) Covered Offenses.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 834

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

10 U.S.C. § 853a — Art. 53a. Plea agreements

**(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. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.