United States Code (Last Updated: May 24, 2014) |
Title 10. ARMED FORCES |
SubTitle A. General Military Law |
Part II. PERSONNEL |
Chapter 47. UNIFORM CODE OF MILITARY JUSTICE |
SubChapter VIII. SENTENCES |
§ 856. Art. 56. Maximum limits
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The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
Amendments
Pub. L. 113–66, div. A, title XVII, § 1705(a)(1), (2)(A), (c),
(1) by amending the section catchline to read as follows:
“§ 856. Art. 56. Maximum and minimum limits”;
(2) by inserting “(a)” before “The punishment”; and
(3) by adding at the end the following new subsection:
(b)(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge, except as provided for in section 860 of this title (article 60).
(2) Paragraph (1) applies to the following offenses:
(A) An offense in violation of subsection (a) or (b) of section 920 of this title (article 120(a) or (b)).
(B) Rape and sexual assault of a child under subsection (a) or (b) of section 920b of this title (article 120b).
(C) Forcible sodomy under section 925 of this title (article 125).
(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) that is punishable under section 880 of this title (article 80).
See 2013 Amendment note below.
Historical And Revision
Historical and Revision Notes | ||
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Revised 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
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 Amendment
Amendment by Pub. L. 113–66 effective 180 days after