US Code

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

10 U.S.C. § 844

Art. 44. Former jeopardy

(a)
No person may, without his consent, be tried a second time for the same offense.
(b)
No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c)
(1)
A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
(A)
after introduction of evidence; and
(B)
section 853 of this title before announcement of findings under (article 53);
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
(2)
A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—
(A)
section 842 of this titlesection 841 of this title after the members, having taken an oath as members under (article 42) and after completion of challenges under (article 41), are impaneled; and
(B)
section 853 of this title before announcement of findings under (article 53);
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.

Aug. 10, 1956, ch. 104170A Stat. 52Pub. L. 114–328, div. E, title LVII, § 5226130 Stat. 2910Pub. L. 117–81, div. A, title V, § 538135 Stat. 1698(, ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

844(a)

844(b)

844(c)

50:619(a).

50:619(b).

50:619(c).

May 5, 1950, ch. 169, § 1 (Art. 44), 64 Stat. 122.

In subsection (a), the word “may” is substituted for the word “shall”.

In subsection (b), the word “is” is substituted for the words “shall be held to be”.

In subsection (c), the word “after” is substituted for the words “subsequent to”. The word “before” is substituted for the words “prior to”. The word “is” is substituted for the words “shall be”.

Editorial Notes

Amendments

Pub. L. 117–812021—Subsec. (c). inserted “or the special trial counsel” after “the convening authority” in two places.

Pub. L. 114–3282016—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81section 539C of Pub. L. 117–81section 801 of this titleAmendment by effective on the date that is two years after , and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after , see , set out as a note under .

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 .