10 U.S.C. § 848: Art. 48. Contempt

Summary

A judge or certain military officers can punish someone for contempt during a military legal proceeding. The people covered include judges of the Court of Appeals for the Armed Forces and judges of Courts of Criminal Appeals (see section 866), military judges at courts-martial, provost courts, military commissions, or other proceedings, military magistrates designated under section 819 (article 19), and the president of a court of inquiry. Contempt means using threatening words, signs, or gestures in front of the officer, causing a riot or other disorder that disturbs the proceeding, or willfully disobeying lawful court papers, orders, rules, or commands tied to the proceeding. The maximum punishment is 30 days in confinement, a $1,000 fine, or both. If a military judge or military magistrate imposes the punishment, the Court of Criminal Appeals may review it per section 866(h). If a judge of the Court of Appeals for the Armed Forces or a judge of a Court of Criminal Appeals imposes it, it is treated as a court judgment and may be reviewed under section 867 or 867a. If a court of inquiry imposes it, the convening authority reviews it under rules the President sets. This rule does not apply to military commissions under chapter 47A.

Title 10, §848

Armed Forces, Source: USLM XML via OLRC

(a)Authority To Punish.—

(1)With respect to any proceeding under this chapter, a judicial officer specified in paragraph (2) may punish for contempt any person who—

(A)uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding;

(B)disturbs the proceeding by any riot or disorder; or

(C)willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding.

(2)A judicial officer referred to in paragraph (1) is any of the following:

(A)Any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under section 866 of this title (article 66).

(B)Any military judge detailed to a court-martial, a provost court, a military commission, or any other proceeding under this chapter.

(C)Any military magistrate designated to preside under section 819 of this title (article 19).

(D)The president of a court of inquiry.

(b)Punishment.—

The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both.

(c)Review.—

A punishment under this section— (1)

(2)if imposed by a judge of the Court of Appeals for the Armed Forces or a judge of a Court of Criminal Appeals, shall constitute a judgment of the court, subject to review under the applicable provisions of section 867 or 867a of this title (article 67 or 67a); and

(3)if imposed by a court of inquiry, shall be subject to review by the convening authority in accordance with rules prescribed by the President.

(d)Inapplicability to Military Commissions Under Chapter 47A.—

This section does not apply to a military commission established under chapter 47A of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 84850:623.May 5, 1950, ch. 169, § 1 (Art. 48), 64 Stat. 123. The word “may” is substituted for the word “shall”.

Editorial Notes

Amendments

2017—Subsec. (c)(1). Pub. L. 115–91 substituted “section 866(h) of this title (article 66(h))” for “section 866(g) of this title (article 66(g))”. 2016—Pub. L. 114–328, § 5230(c), amended section catchline generally, substituting “Contempt” for “Contempts”. Subsec. (a). Pub. L. 114–328, § 5230(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “A judge detailed to a court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or a military commission may punish for contempt any person who— “(1) uses any menacing word, sign, or gesture in the presence of the judge during the proceedings of the court-martial, court, or military commission; “(2) disturbs the proceedings of the court-martial, court, or military commission by any riot or disorder; or “(3) willfully disobeys the lawful writ, process, order, rule, decree, or command of the court-martial, court, or military commission.” Subsecs. (c), (d). Pub. L. 114–328, § 5230(b), added subsec. (c) and redesignated former subsec. (c) as (d). 2011—Pub. L. 111–383 amended section generally. Prior to amendment, text read as follows: “A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. This section does not apply to a military commission established under chapter 47A of this title.” 2006—Pub. L. 109–366 inserted last sentence.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the

Amendments

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

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 2011 Amendment Pub. L. 111–383, div. A, title V, § 542(b), Jan. 7, 2011, 124 Stat. 4218, provided that: “Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), as amended by subsection (a), shall apply with respect to acts of contempt committed after the date of the enactment of this Act [Jan. 7, 2011].”

§848 Art. 48. Contempt

Summary

Title 10, §848

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Regulations

Effective Date

Citations & Metadata