US Code

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

10 U.S.C. § 853

Art. 53. Findings and sentencing

(a)

Announcement .—

A court-martial shall announce its findings and sentence to the parties as soon as determined.
(b)

Sentencing Generally.—

(1)

General and special courts-martial .—

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)

Summary courts-martial .—

If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
(c)

Sentencing for Capital Offenses.—

(1)

In general .—

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)

Lesser authorized punishments .—

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)

Other non-capital offenses .—

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.

Aug. 10, 1956, ch. 104170A Stat. 56Pub. L. 114–328, div. E, title LVII, § 5236130 Stat. 2916Pub. L. 115–91, div. A, title X, § 1081(c)(1)(G)131 Stat. 1598Pub. L. 117–81, div. A, title V, § 539E(a)135 Stat. 1700(, ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

853

50:628.

May 5, 1950, ch. 169, § 1 (Art. 53), 64 Stat. 125.

The word “A” is substituted for the word “Every”.

Editorial Notes

Amendments

Pub. L. 117–81, § 539E(a)(1)2021—Subsec. (b)(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.

Pub. L. 117–81, § 539E(a)(2)(A)Subsec. (c)(1). , 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.”

Pub. L. 117–81, § 539E(a)(2)(B)Subsec. (c)(2). , substituted “the military judge” for “the court-martial”.

Pub. L. 115–912017—Subsec. (b)(1)(B). struck out “in a trial” after “convicted of an offense”.

Pub. L. 114–3282016— 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)135 Stat. 1706

section 856 of this title“The amendments made by this section [amending this section and sections 853a, 856, and 866 of this title and repealing provisions set out as a note under ] shall take effect on the date that is two years after the date of the enactment of this Act [] 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.”
, , , provided that:

Effective Date of 2017 Amendment

Pub. L. 115–91Pub. L. 114–32810 U.S.C. 801section 1081(c)(4) of Pub. L. 115–91section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), 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 .