10 USC 848 - Art. 48. Contempt

U.S Code last checked for updates: Jan 19, 2025

§ 848.

Art. 48. Contempt

(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.

(b)

Punishment.—

The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both.

(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(h) of this title (article 66(h));

(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.

(d)

Inapplicability to Military Commissions Under Chapter 47A.—

This section does not apply to a military commission established under chapter 47A of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 111–383, div. A, title V, § 542(a), Jan. 7, 2011, 124 Stat. 4218; Pub. L. 114–328, div. E, title LVII, § 5230, Dec. 23, 2016, 130 Stat. 2913; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(F), Dec. 12, 2017, 131 Stat. 1598.)

cite as: 10 USC 848