Title 10 — Health and Safety

(a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disabil…

(a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to § 63719.5, call the court into session without the presence of the members for the purpose of: (1) heari…

[Repealed, reserved, or text not separately stated.]

[Repealed, reserved, or text not separately stated.]

The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. SOURCE: UCMJ Art. 40.

(a) The military judge and members of a general and special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or, if none, the court, shall determine the relevance and validity of challenges for cause, and may n…

(a) Before performing their respective duties, military judges, members of general and special court- martial, trial counsel, assistant trial counsel, defense counsel and assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their dutie…

(a) A person charged with desertion or absence without leave in time of insurrection, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. (b) Except as otherwise provided by this Subarticle, a person charged with desertion in time of …

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custod…

The punishment which a court-martial may direct for an offense may not exceed such limits prescribed by Guam law and/or this Code nor limits prescribed by disciplinary regulations. SOURCE: UCMJ Art. 56.

(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay and allowances becoming due on or after the date the sentence is approved …

(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried COL 2026-04-23 into execution by confinement in any place of confinement under …

(a) Unless otherwise provided in regulations to be prescribed by the Adjutant General, a court-martial sentence of a member, as approved by the convening authority, that includes a dishonorable or bad-conduct discharge reduces that member to pay grade E-1, effective on the date o…

(a) A finding or sentence of a court-martial 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 may approve or…

(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings a…

[Repealed, reserved, or text not separately stated.]

(a) The record of trial in each general court-martial that was not reviewed by the Guam Judge Advocate General in the § 63722.5 judge advocate or legal officer review of this Code shall be examined by the Guam Judge Advocate General if there is a finding of guilty and the accused…

[Repealed, reserved, or text not separately stated.]

Discharge; Suspension of Sentence. (a) When a sentence extends to dismissal or a dishonorable or bad-conduct discharge, that part of the sentence providing for dismissal, or dishonorable or bad-conduct discharge may not be executed until COL 2026-04-23 approved by I Maga’håga/Mag…

(a) Before the vacation of the suspension of any court-martial sentence which includes dismissal, dishonorable or bad-conduct discharge, the officer having general court-martial jurisdiction over officer or enlisted probationer or special court-martial jurisdiction over enlisted …

At any time within two (2) years after approval by the convening authority and/or I Maga’håga/Maga’låhi of a court-martial sentence, the accused may petition the Guam Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. SOURCE:…

(a) I Maga’håga/Maga’låhi may and, when designated by her/him, the Adjutant General, Guam Judge Advocate General or commanding officer may remit or suspend any part or amount of the unexecuted sentence, including all uncollected forfeitures. (b) I Maga’håga/Maga’låhi may, for goo…

(a) Under such disciplinary regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an COL 2026-04-23 executed dismissal or discharge, shall be restored unless …

[Repealed, reserved, or text not separately stated.]

SUBARTICLE 10 PUNITIVE ARTICLES

[Repealed, reserved, or text not separately stated.]

[Repealed, reserved, or text not separately stated.]

Each rehearing under the Code shall take place before a court-martial composed of members of the first 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 sente…

(a) Each case in which there has been a finding of guilty shall be reviewed by a judge advocate or legal officer. A judge advocate or legal officer may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the cou…

(a) In a case subject to review by § 63722.11 of this Code in which the right to such review is not waived, the record of trial and action thereon shall be transmitted to the Guam Judge Advocate General for appropriate action. (b) Except as otherwise required by the Code, all oth…

[Repealed, reserved, or text not separately stated.]

[Repealed, reserved, or text not separately stated.]

(a) An accused, who was tried by a court-martial and who still deems himself aggrieved after he has exhausted all of his rights of military review under this Code, may, if provided for by disciplinary regulations, appeal the judgment or sentence of the court-martial, as may have …

A “principal” is any person punishable under this Code who: (a) commits an offense punishable by this Code, or aids, abets, counsels, commands, or procures its commission; or (b) causes an act to be done which if directly performed by him would be punishable by this Code. COL 202…

Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. SOURCE: UCMJ …

Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 87.

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of Army, the Secretary of Air Force, the Governor or Legislature of Guam or any State, Territory, Commonwealth of the United States in…

Any person subject to this Code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 89.

Any person subject to this Code shall be punished as a court-martial may direct if that person: (a) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or (b) willfully disobeys a…

Any warrant officer or enlisted member shall be punished as a court-martial may direct if that person: (a) strikes or assaults a warrant or noncommissioned officer while that officer is in the execution of his office; (b) willfully disobeys the lawful order of a warrant officer o…

Any person subject to this Code shall be punished as a court-martial may direct if that person: (a) violates or fails to obey any lawful general order or regulation; (b) having knowledge of any other lawful order issued by a member of the Guam military forces, which it is his dut…

Any person subject to this Code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 93.

(a) Any person subject to this Code is guilty of a failure to suppress or report a mutiny or sedition if that person: (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any …

Any person subject to this Code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 95.

Any person subject to this Code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court- martial may direct, whether or not the prisoner was committed in stric…

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. SOURCE: UCMJ Art. 79. 2026 NOTE: As reenacted by P.L. 23-012:1 (Apr. 28, 1995), the title of …

Any person subject to this Code who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 97.

Any person subject to this Code shall be punished as a court-martial may direct if that person: COL 2026-04-23 (a) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or (b) knowingly and intentionally fails to en…

Any person subject to this Code shall be punished as a court-martial may direct if that person before or in the presence of the enemy, opposing forces or individuals: (a) runs away; (b) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property…

Any person subject to this Code shall be punished as a court-martial may direct compels or attempts to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the Guam military forces, to give it up to an enemy without proper …