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Title 10 — Armed ForcesRelease 119-73not60

§853 Art. 53. Findings and Sentencing

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter VII— TRIAL PROCEDURE › § 853

Last updated Apr 3, 2026|Official source

Summary

When a court-martial reaches a decision, it must tell the parties the verdict and the punishment right away. For trials in a general or special court-martial (unless the case is one that could get the death penalty), the military judge decides the sentence and that becomes the court-martial’s sentence. In a summary court-martial, the court itself sets the punishment. If the case could carry the death penalty, the members (the panel that decides) first choose whether the punishment will be death, life without the chance of parole, or whether the question should be sent back to the military judge to pick a lesser punishment. After the members decide, the military judge pronounces a sentence that matches their choice. The judge may also add other lesser punishments with a death or life-without-parole sentence if allowed by rules the President sets. If a person is convicted of a non-capital offense in a capital case, the sentence for that non-capital offense follows the rules above.

Full Legal Text

Title 10, §853

Armed Forces — Source: USLM XML via OLRC

(a)A court-martial shall announce its findings and sentence to the parties as soon as determined.
(b)(1)Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.
(2)If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
(c)(1)In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—
(A)the members shall determine—
(i)whether the sentence for that offense shall be death or life in prison without eligibility for parole; or
(ii)whether the matter shall be returned to the military judge for determination of a lesser punishment; and
(B)the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).
(2)In accordance with regulations prescribed by the President, the military judge may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.
(3)In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 85350:628.May 5, 1950, ch. 169, § 1 (Art. 53), 64 Stat. 125. The word “A” is substituted for the word “Every”.

Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 117–81, § 539E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) provided that, except for capital offenses, accused who is convicted in trial by general or special court-martial shall be sentenced by military judge or, if court-martial consisted of military judge and members, accused may elect sentencing by members. Subsec. (c)(1). Pub. L. 117–81, § 539E(a)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.” Subsec. (c)(2). Pub. L. 117–81, § 539E(a)(2)(B), substituted “the military judge” for “the court-martial”. 2017—Subsec. (b)(1)(B). Pub. L. 115–91 struck out “in a trial” after “convicted of an offense”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “A court-martial shall announce its findings and sentence to the parties as soon as determined.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 Amendment Pub. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that: “The

Amendments

made by this section [amending this section and section 853a, 856, and 866 of this title and repealing provisions set out as a note under section 856 of this title] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021] and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.”

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 853

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60