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Title 10 — Armed ForcesRelease 119-73not60

§820 Art. 20. Jurisdiction of Summary Courts-martial

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter IV— COURT-MARTIAL JURISDICTION › § 820

Last updated Apr 3, 2026|Official source

Summary

Under article 17, summary courts-martial can try people under military law who are not officers, cadets, aviation cadets, or midshipmen for offenses that do not carry the death penalty. If the accused objects, they cannot be tried by a summary court-martial and the case can be sent to a special or general court-martial. These courts can give punishments the President allows, but not death, dismissal, dishonorable or bad-conduct discharge, more than one month confinement, hard labor without confinement for more than 45 days, restriction for more than two months, or forfeiture of more than two‑thirds of one month’s pay. A summary court-martial is not a criminal court. A guilty finding there is not a criminal conviction.

Full Legal Text

Title 10, §820

Armed Forces — Source: USLM XML via OLRC

(a)Subject to section 817 of this title (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)A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 82050:580.May 5, 1950, ch. 169, § 1 (Art. 20), 64 Stat. 114. The word “shall” in the first sentence is omitted as surplusage. The word “may” is substituted for the word “shall” in the second sentence. The words “the provisions of” are omitted as surplusage. The word “If” is substituted for the word “Where”. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “pay in excess of”.

Editorial Notes

Amendments

2016—Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the person objects thereto for provisions allowing such trial over the person’s objection if he has previously been offered and has refused article 15 punishment.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability 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 1968 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 820

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60