Pub. L. 113-66, div. A, tit. XVII, subtit. A, sec. 1705 (as amended)

DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED OFFENSES AND TRIAL OF SUCH OFFENSES BY GENERAL COURTS-MARTIAL.

Year: 2025Length: 423 wordsOfficial source
SEC. 1705. DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED OFFENSES AND TRIAL OF SUCH OFFENSES BY GENERAL COURTS-MARTIAL. (a) Mandatory Discharge or Dismissal Required.— (1) Imposition.—Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended— (A) by inserting “(a)” before “The punishment”; and (B) 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).” . (2) Clerical amendments.— (A) Section heading.—The heading of such section is amended to read as follows: “SEC. 856. Art. 56. Maximum and minimum limits” . (B) Table of sections.—The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item: “856. Art 56. Maximum and minimum limits.” . (b) Jurisdiction Limited to General Courts-martial.—Section 818 of title 10, United States Code (article 18 of the Uniform Code of Military Justice), is amended— (1) by inserting “(a)” before the first sentence; (2) in the third sentence, by striking “However, a general court-martial” and inserting the following: “(b) A general court-martial” ; and (3) by adding at the end the following new subsection: “(c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).” . (c) [10 U.S.C. 818 note] Effective Date.—The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed on or after that date.
Cross-references to the US Code
10 U.S.C. 818 note
Pub. L. 113-66, div. A, tit. XVII, subtit. A, sec. 1705 (as amended): DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED OFFENSES AND TRIAL OF SUCH OFFENSES BY GENERAL COURTS-MARTIAL. | Justis AI