US Code

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

10 U.S.C. § 852

Art. 52. Votes required for conviction, sentencing, and other matters

(a)

In General .—

No person may be convicted of an offense in a general or special court-martial, other than—
(1)
section 845(b) of this title after a plea of guilty under (article 45(b));
(2)
section 816 of this title by a military judge in a court-martial with a military judge alone, under (article 16); or
(3)
section 816 of this title in a court-martial with members under (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.
(b)

Level of Concurrence Required.—

(1)

In general .—

Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
(2)

Sentencing .—

A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.

Aug. 10, 1956, ch. 104170A Stat. 55Pub. L. 90–632, § 2(22)82 Stat. 1340Pub. L. 114–328, div. E, title LVII, § 5235130 Stat. 2916(, ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

852(a)

852(b)

50:627(a).

50:627(b)

May 5, 1950, ch. 169, § 1 (Art. 52), 64 Stat. 125.

852(c)

50:627(c).

In subsections (a) and (b), the word “may” is substituted for the word “shall”.

In subsection (b)(2), the words “for more than” are substituted for the words “in excess of”.

In subsection (c), the word “disqualifies” is substituted for the words “shall disqualify”. The word “is” is substituted for the words “shall be” in the last two sentences.

Editorial Notes

Amendments

Pub. L. 114–3282016— amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to number of votes required for conviction of an offense for which the death penalty is mandatory, sentences, and all other questions, respectively.

Pub. L. 90–632, § 2(22)(A)section 845(b) of this title1968—Subsec. (a)(2). , inserted reference to the exception provided in (article 45(b)).

Pub. L. 90–632, § 2(22)(B)Subsec. (c). , provided that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by a vote of less than a majority vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

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 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 .