Title 10 — Armed ForcesRelease 119-73
§950a Error of law; lesser included offense
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47A— - MILITARY COMMISSIONS › Subchapter SUBCHAPTER VII— - POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS › § 950a
Summary
A military guilty verdict or sentence won't be overturned for a legal mistake unless that mistake seriously harmed the accused. Officials who can approve the finding may instead confirm a less serious crime that was part of the original charge.
Full Legal Text
Title 10, §950a
Armed Forces — Source: USLM XML via OLRC
(a)A finding or sentence of a military commission under this chapter may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b)Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 950a, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2618, related to error of law and lesser included offense, prior to the general amendment of this chapter by Pub. L. 111–84.
Reference
Citations & Metadata
Citation
10 U.S.C. § 950a
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73