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LegalText 10 U.S.C. § 845 Art. 45. Pleas of the accused us united_states_code code_section 10 ARMED FORCES 47 UNIFORM CODE OF MILITARY JUSTICE 845 10 U.S.C. § 845 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s845 data/legal/raw/us/code/title-10/usc10.xml 9a54b0cd17ed87bff08e97363fd645bb0df836b33c6913f804ebbbec24af26c4 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 e12ecf1b15e74dd9c2b41d0202c922023689192a2cd2015d5883dcb037505c42 2026-07-04 official
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10 U.S.C. § 845 - Art. 45. Pleas of the accused

Text

(a) Irregular and Similar Pleas.— If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.

(b) Pleas of Guilty.— A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty is mandatory. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

(c) Harmless Error.— A variance from the requirements of this article is harmless error if the variance does not materially prejudice the substantial rights of the accused.

(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90632, § 2(19), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 114328, div. E, title LVII, § 5227, Dec. 23, 2016, 130 Stat. 2911.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 845(a)845(b)50:620(a).50:620(b).May 5, 1950, ch. 169, § 1 (Art. 45), 64 Stat. 122. In subsection (b), the word “may” is substituted for the word “shall”.

Editorial Notes

Amendments2016—Subsec. (a). Pub. L. 114328, § 5227(c)(1), inserted heading. Subsec. (b). Pub. L. 114328, § 5227(c)(2), inserted heading. Pub. L. 114328, § 5227(a), substituted “is mandatory” for “may be adjudged” and struck out “or by a court-martial without a military judge” after “by the military judge” and “, if permitted by regulations of the Secretary concerned,” after “charge or specification may”. Subsec. (c). Pub. L. 114328, § 5227(b), added subsec. (c). 1968—Subsec. (a). Pub. L. 90632, § 2(19)(A), substituted “after arraignment” for “arraigned before a court-martial”. Subsec. (b). Pub. L. 90632, § 2(19)(B), inserted provisions covering the making and accepting of a guilty plea to charges or specifications other than charges and specifications alleging an offense for which the death penalty may be adjudged.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 AmendmentAmendment by Pub. L. 114328 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. 114328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 1968 AmendmentAmendment by Pub. L. 90632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90632, set out as a note under section 801 of this title.