§ 5801. Cruel and unusual punishments prohibited. Punishment by flogging or by branding, marking or tattooing on the body or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this part. The use of irons, single or double, except for the purpose of safe […]
§ 5802. Maximum limits. (a) General rule.–The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or department may prescribe for that offense. In no instance may a sentence to confinement exceed more than five years for a military offense. (b) Punitive offenses.–The limits of punishment for […]
§ 5803. Grading of offenses. (a) Felonies.–A conviction by general court-martial for any military offense for which an accused may receive a sentence of confinement for more than one year is the equivalent of a felony offense. (b) Misdemeanors.–Except for convictions by a summary court-martial, all other military offenses are the equivalents of misdemeanors. (c) […]
§ 5804. Effective date of sentences. (a) Forfeiture of pay and allowances.–Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by […]
§ 5805. Execution of confinement. (a) Place of confinement.–A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this part. Persons so confined are subject […]
§ 5806. Deferment of sentences. (a) Deferment upon application of accused.–On application by an accused, the convening authority or the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in that person’s sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence […]
§ 5807. Reduction in enlisted grade. (a) General rule.–An enlisted member in a pay grade above E-1 receiving a sentence by a court-martial that includes a dishonorable or bad-conduct discharge or confinement shall receive a reduction in pay grade to E-1 effective on the date the sentence is approved. (b) Sentence no longer effective.–If an […]
§ 5808. Forfeiture of pay and allowances during confinement. (a) General rule.–An enlisted member receiving a court-martial sentence of confinement for more than six months, or confinement of six months or less and a dishonorable or bad-conduct discharge or dismissal, shall forfeit the pay and allowances due him during any period of confinement or parole […]
