
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC852]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 852. Art. 52. Number of votes required

    (a)(1) No person may be convicted of an offense for which the death 
penalty is made mandatory by law, except by the concurrence of all the 
members of the court-martial present at the time the vote is taken.
    (2) No person may be convicted of any other offense, except as 
provided in section 845(b) of this title (article 45(b)) or by the 
concurrence of two-thirds of the members present at the time the vote is 
taken.
    (b)(1) No person may be sentenced to suffer death, except by the 
concurrence of all the members of the court-martial present at the time 
the vote is taken and for an offense in this chapter expressly made 
punishable by death.
    (2) No person may be sentenced to life imprisonment or to 
confinement for more than ten years, except by the concurrence of three-
fourths of the members present at the time the vote is taken.
    (3) All other sentences shall be determined by the concurrence of 
two-thirds of the members present at the time the vote is taken.
    (c) All other questions to be decided by the members of a general or 
special court-martial shall be determined by a majority vote, but a 
determination to reconsider a finding of guilty or to reconsider a 
sentence, with a view toward decreasing it, may be made by any lesser 
vote which indicates that the reconsideration is not opposed by the 
number of votes required for that finding or sentence. A tie vote on a 
challenge disqualifies the member challenged. A tie vote on a motion for 
a finding of not guilty or on a motion relating to the question of the 
accused's sanity is a determination against the accused. A tie vote on 
any other question is a determination in favor of the accused.

(Aug. 10, 1956, ch. 1041, 70A Stat. 55; Pub. L. 90-632, Sec. 2(22), Oct. 
24, 1968, 82 Stat. 1340.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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852(a)................................  50:627(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
852(b)................................  50:627(b)                             5
2), 64 Stat. 125.
852(c)................................  50:627(c).
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    In subsections (a) and (b), the word ``may'' is substituted for the 
word ``shall''.
    In subsection (b)(2), the words ``for more than'' are substituted 
for the words ``in excess of''.
    In subsection (c), the word ``disqualifies'' is substituted for the 
words ``shall disqualify''. The word ``is'' is substituted for the words 
``shall be'' in the last two sentences.


                               Amendments

    1968--Subsec. (a)(2). Pub. L. 90-632, Sec. 2(22)(A), inserted 
reference to the exception provided in section 845(b) of this title 
(article 45(b)).
    Subsec. (c). Pub. L. 90-632, Sec. 2(22)(B), provided that a 
determination to reconsider a finding of guilty or to reconsider a 
sentence, with a view toward decreasing it, may be made by a vote of 
less than a majority vote which indicates that the reconsideration is 
not opposed by the number of votes required for that finding or 
sentence.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 850a, 851 of this title.
