Browse Arkansas Code titles and sections
10 U.S.C. § 854 — Art. 54. Record of trial
Federal law — U.S. Code and appendices · legal_authorities
**(a) General and Special Courts-martial.—** Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court-reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the President may prescribe by regulation.
**(b) Summary Courts-martial.—** Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by such regulations as the President may prescribe.
**(c) Contents of Record.—**
(1) Except as provided in paragraph (2), the record shall contain such matters as the President may prescribe by regulation.
(2) In accordance with regulations prescribed by the President, a complete record of proceedings and testimony shall be prepared in any case of a sentence of death, dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.
**(d) Copy to Accused.—** A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is certified.
**(e) Copy to Victim.—** In the case of a general or special court-martial, upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 854
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: 254a8487afc7e4a70fb121603feb34a5d606aec36e52c6feb1ec41b37adde181. 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_f8f62b7533e7a1c5185a58cf
Source file: Laws/federal/codes/united-states-code/title-10/section-854-art-54-record-of-trial--4b6af02a1c.md
Pages: Not recorded – Not recorded
Passage SHA-256: 21a33c3e00710eda71ffb22e8824a3acaa1d0a80df3f2ef93837502eef9ae621
Source location: Title 10, Chapter 47, § 854; chapter-047-uniform-code-of-military-justice.md
Stored source content
**(a) General and Special Courts-martial.—** Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court-reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the President may prescribe by regulation.
**(b) Summary Courts-martial.—** Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by such regulations as the President may prescribe.
**(c) Contents of Record.—**
(1) Except as provided in paragraph (2), the record shall contain such matters as the President may prescribe by regulation.
(2) In accordance with regulations prescribed by the President, a complete record of proceedings and testimony shall be prepared in any case of a sentence of death, dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.
**(d) Copy to Accused.—** A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is certified.
**(e) Copy to Victim.—** In the case of a general or special court-martial, upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.
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) Rape.—** Any person subject to this chapter who commits a sexual act upon another person by—
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or grievous bodily harm to any person;
(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may direct.
**(b) Sexual Assault.—** Any person subject to this chapter who—
(1) commits a sexual act upon another person by—
(A) threatening or placing that other person in fear;
(B) making a fraudulent representation that the sexual act serves a professional purpose; or
(C) inducing a belief by any artifice, pretense, or concealment that the person is another person;
(2) commits a sexual act upon another person—
(A) without the consent of the other person; or
(B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
i
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 920
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) Action on Complaints Alleging Sexual Harassment.—** A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.
**(b) Commencement of Investigation.—** To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—
(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and
(2) advise the complainant of the commencement of the investigation.
**(c) Duration of Investigation.—** To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.
**(d) Report on Investigation.—** To the extent practicable, a commanding officer or officer in charge shall—
(1) submit a final report on the results of the independent investigation, inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1561
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
### Statutory Notes
Section 636, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, prohibited cruel and unusual punishments. See [section 855 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section855&num=0&edition=prelim), Armed Forces.
Section 637, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, related to maximum limits of punishment. See [section 856 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section856&num=0&edition=prelim).
Section 638, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, provided for effective date of sentences. See [section 857 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim).
Section 639, act May 5, 1950, ch. 169, § 1, 64 Stat. 126, related to execution of confinement. See [section 854 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section854&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. § 636 to 639
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 770
TITLE 10—ARMED FORCES
§ 854
cial court-martial shall reject a plea agreement
that—
(1) contains a provision that has not been ac-
cepted by both parties;
(2) contains a provision that is not under-
stood by the accused;
(3) except as provided in subsection (c), con-
tains a provision for a sentence that is less
than the mandatory minimum sentence appli-
cable to an offense referred to in section
856(b)(2) of this title (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 MANDA-
TORY MINIMUM FOR CERTAIN OFFENSES.—With re-
spect to an offense referred to in section 856(b)(2)
of this title (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 coun-
sel, in exchange for substantial assistance by
the accused in the investigation or prosecu-
tion 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 gen-
eral 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 sub-
section (a)(3)) and the court-martial.
(Added Pub. L. 114–328, div. E, title LVII, § 5237,
Dec. 23, 2016, 130 Stat. 2917; amended Pub. L.
115–91,
div.
A,
title
V,
§ 531(d),
title
X,
§ 108
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 854
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.