(a)
(b)
(2) The offenses referred to in paragraph (1) are as follows:
(A) Rape under subsection (a) of section 920 of this title (article 120).
(B) Sexual assault under subsection (b) of such section (article).
(C) Rape of a child under subsection (a) of section 920b of this title (article 120b).
(D) Sexual assault of a child under subsection (b) of such section (article).
(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 880 of this title (article 80).
(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 881 of this title (article 81).
(c)
(1)
(A) the nature and circumstances of the offense and the history and characteristics of the accused;
(B) the impact of the offense on—
(i) the financial, social, psychological, or medical well-being of any victim of the offense; and
(ii) the mission, discipline, or efficiency of the command of the accused and any victim of the offense;
(C) the need for the sentence—
(i) to reflect the seriousness of the offense;
(ii) to promote respect for the law;
(iii) to provide just punishment for the offense;
(iv) to promote adequate deterrence of misconduct;
(v) to protect others from further crimes by the accused;
(vi) to rehabilitate the accused; and
(vii) to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service; and
(D) the sentences available under this chapter.
(2)
(3)
(4)
(B) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused's life unless—
(i) the sentence is set aside or otherwise modified as a result of—
(I) action taken by the convening authority or the Secretary concerned; or
(II) any other action taken during post-trial procedure and review under any other provision of subchapter IX of this chapter;
(ii) the sentence is set aside or otherwise modified as a result of action taken by a Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court; or
(iii) the accused is pardoned.
(d)
(A) the sentence violates the law; or
(B) the sentence is plainly unreasonable, as determined in accordance with standards and procedures prescribed by the President.
(2) An appeal under this subsection must be filed within 60 days after the date on which the judgment of a court-martial is entered into the record under section 860c of this title (article 60c).
Open TableRevised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
856 | 50:637. | May 5, 1950, ch. 169, §1 (Art. 56), 64 Stat. 126. |
The word "may" is substituted for the word "shall".
Amendments
2017—Subsec. (d)(1). Pub. L. 115–91, §531(e)(1), inserted "and consistent with standards and procedures set forth in regulations prescribed by the President," after "concerned," in introductory provisions.
Subsec. (d)(1)(B). Pub. L. 115–91, §531(e)(2), inserted ", as determined in accordance with standards and procedures prescribed by the President" before period at end.
2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to maximum and minimum sentencing limits.
2013—Pub. L. 113–66 substituted "Maximum and minimum limits" for "Maximum limits" in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
Effective Date of 2017 Amendment
Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Effective Date of 2013 Amendment
Amendment by Pub. L. 113–66 effective 180 days after Dec. 26, 2013, and applicable to offenses specified in subsec. (b)(2) of this section committed on or after that date, see section 1705(c) of Pub. L. 113–66, set out as a note under section 818 of this title.
Guidelines on Sentences for Offenses Committed Under the Uniform Code of Military Justice
Pub. L. 116–92, div. A, title V, §537, Dec. 20, 2019, 133 Stat. 1363, provided that:
"(a)
"(b)
"(c)
"(1) the guidelines for sentences developed under subsection (a); and
"(2) an assessment of the feasibility and advisability of implementing such guidelines in panel sentencing cases.
"(d)