
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC847]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 847. Art. 47. Refusal to appear or testify

    (a) Any person not subject to this chapter who--
        (1) has been duly subpenaed to appear as a witness before a 
    court-martial, military commission, court of inquiry, or any other 
    military court or board, or before any military or civil officer 
    designated to take a deposition to be read in evidence before such a 
    court, commission, or board;
        (2) has been duly paid or tendered the fees and mileage of a 
    witness at the rates allowed to witnesses attending the courts of 
    the United States; and
        (3) willfully neglects or refuses to appear, or refuses to 
    qualify as a witness or to testify or to produce any evidence which 
    that person may have been legally subpenaed to produce;

is guilty of an offense against the United States.
    (b) Any person who commits an offense named in subsection (a) shall 
be tried on indictment or information in a United States district court 
or in a court of original criminal jurisdiction in any of the 
Territories, Commonwealths, or possessions of the United States, and 
jurisdiction is conferred upon those courts for that purpose. Upon 
conviction, such a person shall be fined or imprisoned, or both, at the 
court's discretion.
    (c) The United States attorney or the officer prosecuting for the 
United States in any such court of original criminal jurisdiction shall, 
upon the certification of the facts to him by the military court, 
commission, court of inquiry, or board, file an information against and 
prosecute any person violating this article.
    (d) The fees and mileage of witnesses shall be advanced or paid out 
of the appropriations for the compensation of witnesses.

(Aug. 10, 1956, ch. 1041. 70A Stat. 53; Pub. L. 104-106, div. A, title 
XI, Sec. 1111, Feb. 10, 1996, 110 Stat. 461.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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847(a)................................  50:622(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
847(b)................................  50:622(b).                            4
7), 64 Stat. 123.
847(c)................................  50:622(c).
847(d)................................  50:622(d).
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    In subsection (a), the word ``Any'' is substituted for the word 
``Every''. The word ``is'' is substituted for the words ``shall be 
deemed''.
    In subsection (b), the words ``named in subsection (a)'' are 
substituted for the words ``denounced by this article''. The words 
``Territories, Commonwealths, or'' are substituted for the word 
``Territorial''. The words ``not more than'' are substituted for the 
words ``a period not exceeding''.
    In subsection (c), the words ``It shall be the duty of * * * to'' 
are omitted as surplusage. The words ``United States Attorney'' are 
substituted for the words ``United States district attorney'', to 
conform to the terminology of section 501 of title 28. The word 
``shall'' is inserted after the word ``jurisdiction''.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106 inserted ``indictment or'' after 
``shall be tried on'' and substituted ``shall be fined or imprisoned, or 
both, at the court's discretion'' for ``shall be punished by a fine of 
not more than $500, or imprisonment for not more than six months, or 
both''.
