US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 819

Art. 19. Jurisdiction of special courts-martial

(a)

In General .—

section 817 of this titleSubject to (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
(b)

Additional Limitation .—

section 816(c)(2)(A) of this titleNeither a bad-conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under (article 16(c)(2)(A)).
(c)

Military Magistrate .—

section 816(c)(2)(A) of this titleIf charges and specifications are referred to a special court-martial consisting of a military judge alone under (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military magistrate to preside over the special court-martial.

Aug. 10, 1956, ch. 104170A Stat. 43Pub. L. 90–632, § 2(5)82 Stat. 1335Pub. L. 106–65, div. A, title V, § 577(a)113 Stat. 625Pub. L. 107–107, div. A, title X, § 1048(g)(4)115 Stat. 1228Pub. L. 114–328, div. E, title LIV, § 5163130 Stat. 2898(, ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

819

50:579.

May 5, 1950, ch. 169, § 1 (Art. 19), 64 Stat. 114.

The word “shall” in the first sentence is omitted as surplusage. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “a period exceeding”. The word “may” is substituted for the word “shall” in the last sentence.

Editorial Notes

Amendments

Pub. L. 114–328section 827(b) of this title2016— designated existing provisions as subsec. (a) and inserted heading, struck out “A bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.” after “one year.”, and added subsecs. (b) and (c).

Pub. L. 107–107, § 1048(g)(4)Pub. L. 106–65, § 577(a)(2)2001—, amended directory language of . See 1999 Amendment note below.

Pub. L. 106–65, § 577(a)(2)Pub. L. 107–107, § 1048(g)(4)1999—, as amended by , inserted “, confinement for more than six months, or forfeiture of pay for more than six months” after “A bad-conduct discharge” in third sentence.

Pub. L. 106–65, § 577(a)(1), substituted “one year” for “six months” in two places in second sentence.

Pub. L. 90–6321968— provided that before a bad-conduct discharge may be adjudged by a special court-martial the accused must be detailed counsel who is legally qualified under the Code and a military judge must be detailed to the trial, with a detailed written statement appended to the record if a military judge was not detailed to the trial, because of physical conditions and military exigencies, stating the reasons that a military judge could not be so detailed.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title X, § 1048(g)115 Stat. 1228Pub. L. 106–65, , , provided that the amendment made by section 1048(g)(4) is effective as of , and as if included in as enacted.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title V, § 577(b)113 Stat. 625

“The amendments made by subsection (a) [amending this section] shall take effect on the first day of the sixth month beginning after the date of the enactment of this Act [] and shall apply with respect to charges referred on or after that effective date to trial by special courts-martial.”
, , , provided that:

Effective Date of 1968 Amendment

Pub. L. 90–632section 4 of Pub. L. 90–632section 801 of this titleAmendment by effective first day of tenth month following October 1968, see , set out as a note under .