§ 848. Art. 48. Contempt

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 53 · 70A Stat. 53

   Enacted · 10 U.S.C. § 848

   Aug. 10, 1956, ch. 1041, 70A Stat. 53

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 53

2. 2006

   Military Commissions Act of 2006

   Pub. L. 109–366 § 4(a)(2) · 120 Stat. 2600

   Inserted · 10 U.S.C. § 848

   Pub. L. 109–366 inserted last sentence

   Source evidence

   Code amendment note
   Pub. L. 109–366 inserted last sentence.

   Enacted provision · exact public law section
   (2) Exclusion of applicability to chapter 47a commissions.— Sections 821, 828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a), 104, and 106) are amended by adding at the end the following new sentence: “This section does not apply to a military commission established under chapter 47A of this title.”.

3. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. A title V § 542(a) · 124 Stat. 4137

   Amended · 10 U.S.C. § 848

   Pub. L. 111–383 amended section generally. Prior to amendment, text read as follows: “A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. This section does not apply to a military commission established under chapter 47A of this title.”

   Source evidence

   Code amendment note
   Pub. L. 111–383 amended section generally. Prior to amendment, text read as follows: “A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. This section does not apply to a military commission established under chapter 47A of this title.”

   Enacted provision · exact public law section
   (a) In General.— Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), is amended to read as follows: “§ 848. Art. 48. Contempts “(a) Authority to Punish Contempt.— A judge detailed to a court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or a military commission may punish for contempt any person who— “(1) uses any menacing word, sign, or gesture in the presence of the judge during the proceedings of the court-martial, court, or military commission; “(2) disturbs the proceedings of the court-martial, court, or military commission by any riot or disorder; or “(3) willfully disobeys the lawful writ, process, order, rule, decree, or command of the court-martial, court, or military commission. “(b) Punishment.— The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both. “(c) Inapplicability to Military Commissions Under Chapter 47A.— This section does not apply to a military commission established under chapter 47A of this title.” .

4. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5230(c) · 130 Stat. 2000

   1. Amended · 10 U.S.C. § 848

      Pub. L. 114–328, § 5230(c), amended section catchline generally

   2. Substituted · 10 U.S.C. § 848

      Pub. L. 114–328, § 5230(c), substituting “Contempt” for “Contempts”

   Source evidence

   Code amendment note
   Pub. L. 114–328, § 5230(c), amended section catchline generally, substituting “Contempt” for “Contempts”.

   Enacted provision · exact public law section
   (c) Section Heading.— The heading of such section (article) is amended to read as follows: “§ 848. Art. 48. Contempt” .

   Effective date note
   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 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

5. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5230(a) · 130 Stat. 2000

   Amended · 10 U.S.C. § 848(a)

   Pub. L. 114–328, § 5230(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “A judge detailed to a court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or a military commission may punish for contempt any person who—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–328, § 5230(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “A judge detailed to a court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or a military commission may punish for contempt any person who—

   “(1) uses any menacing word, sign, or gesture in the presence of the judge during the proceedings of the court-martial, court, or military commission; “(2) disturbs the proceedings of the court-martial, court, or military commission by any riot or disorder; or “(3) willfully disobeys the lawful writ, process, order, rule, decree, or command of the court-martial, court, or military commission.”

   Enacted provision · exact public law section
   (a) Authority To Punish.— Subsection (a) of section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), is amended to read as follows: “(a) Authority To Punish.— (1) With respect to any proceeding under this chapter, a judicial officer specified in paragraph (2) may punish for contempt any person who— “(A) uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding; “(B) disturbs the proceeding by any riot or disorder; or “(C) willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding. “(2) A judicial officer referred to in paragraph (1) is any of the following: “(A) Any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under section 866 of this title (article 66). “(B) Any military judge detailed to a court-martial, a provost court, a military commission, or any other proceeding under this chapter. “(C) Any military magistrate designated to preside under section 819 of this title (article 19). “(D) The president of a court of inquiry.” .

   Effective date note
   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 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

6. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5230(b) · 130 Stat. 2000

   1. Added · 10 U.S.C. § 848(c); 10 U.S.C. § 848(d)

      Pub. L. 114–328, § 5230(b), added subsec. (c)

   2. Redesignated · 10 U.S.C. § 848(c); 10 U.S.C. § 848(d)

      Pub. L. 114–328, § 5230(b), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 114–328, § 5230(b), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (b) Review.— Such section (article) is further amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) Review.— A punishment under this section— “(1) if imposed by a military judge or military magistrate, may be reviewed by the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal Appeals under section 866(g) of this title (article 66(g)); “(2) if imposed by a judge of the Court of Appeals for the Armed Forces or a judge of a Court of Criminal Appeals, shall constitute a judgment of the court, subject to review under the applicable provisions of section 867 or 867a of this title (article 67 or 67a); and “(3) if imposed by a court of inquiry, shall be subject to review by the convening authority in accordance with rules prescribed by the President.” .

   Effective date note
   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 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

7. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title X § 1081(c)(1)(F) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 848(c)(1)

   Pub. L. 115–91 substituted “section 866(h) of this title (article 66(h))” for “section 866(g) of this title (article 66(g))”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 115–91 substituted “section 866(h) of this title (article 66(h))” for “section 866(g) of this title (article 66(g))”.

   Enacted provision · exact public law section
   (F) Section 848(c)(1) (article 48(c)(1)), as amended by section 5230 of the Military Justice Act of 2016 (130 Stat. 2913), is further amended by striking “section 866(g) of this title (article 66(g))” and inserting “section 866(h) of this title (article 66(h))”.

   Effective date note
   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 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

8 of 9 references resolved to an enrolled provision · 1 partial