Title 10Armed ForcesRelease 119-73not60

§950a Error of Law; Lesser Included Offense

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47A— MILITARY COMMISSIONS › Subchapter VII— POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS › § 950a

Last updated Apr 3, 2026|Official source

Summary

A legal mistake does not make a military commission's guilty verdict or punishment invalid unless that mistake seriously harmed the accused's important rights, and a reviewer who can approve a guilty verdict may instead approve a lesser offense that is 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 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60