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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 895. Art. 95. Offenses by sentinel or lookout

Statutory text

(a)

Drunk or Sleeping on Post, or Leaving Post Before Being Relieved.—

Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished—

(1)

if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

(2)

if the offense is committed other than in time of war, by such punishment, other than death, as a court-martial may direct.

(b)

Loitering or Wrongfully Sitting on Post.—

Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct.

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. Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 913 · 70A Stat. 72

    Enacted · 10 U.S.C. § 895

    Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 913

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 913

  2. Military Justice Act of 2016

    Pub. L. 114–328 § 5411 · 130 Stat. 2000

    Amended · 10 U.S.C. § 895

    Pub. L. 114–328, § 5411, amended section generally. Prior to amendment, text read as follows: “Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment other than death as a court-martial may direct.”

    Source evidence

    Code amendment note
    Pub. L. 114–328, § 5411, amended section generally. Prior to amendment, text read as follows: “Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment other than death as a court-martial may direct.”

    Enacted provision · exact public law section
    SEC. 5411. OFFENSES BY SENTINEL OR LOOKOUT.   Section 895 of title 10, United States Code (article 95 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(8) of this Act, is amended to read as follows: “§ 895. Art. 95. Offenses by sentinel or lookout “(a) Drunk or Sleeping on Post, or Leaving Post Before Being Relieved.— Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished— “(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and “(2) if the offense is committed other than in time of war, by such punishment, other than death, as a court-martial may direct. “(b) Loitering or Wrongfully Sitting on Post.— Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct.” .

    Effective date note
    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.

  3. Military Justice Act of 2016

    Pub. L. 114–328 § 5401(8) · 130 Stat. 2000

    Changed · 10 U.S.C. § 895

    Pub. L. 114–328, § 5401(8), renumbered section 913 of this title as this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–328, § 5401(8), renumbered section 913 of this title as this section.

    Enacted provision · exact public law section
    (8) Misbehavior of sentinel.— Section 913 (article 113) is transferred so as to appear after section 894 (article 94) and is redesignated as section 895 (article 95).

    Effective date note
    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.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
91350:707.May 5, 1950, ch. 169, § 1 (Art. 113), 64 Stat. 139.
Prior Provisions

A prior section 895 was renumbered section 887a of this title.

Editorial Notes

Amendments

2016—Pub. L. 114–328, § 5411, amended section generally. Prior to amendment, text read as follows: “Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment other than death as a court-martial may direct.”

Pub. L. 114–328, § 5401(8), renumbered section 913 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on , 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.

Credits

1956–2016 · 2 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 913
  2. 2016renumbered § 895 and amended Pub. L. 114–328, div. E, title LX, §§ 5401(8), 5411, , 130 Stat. 2938, 2943.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 913; renumbered § 895 and amended Pub. L. 114–328, div. E, title LX, §§ 5401(8), 5411, , 130 Stat. 2938, 2943.)

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