Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court–martial or inflicted on any person subject to this title. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

The punishment which a court–martial may direct for an offense may not exceed such limits as prescribed by this title, but in no instance may a sentence exceed more than 10 years for a military offense, nor may a sentence of death be adjudged. A conviction by general court–martial of any military offense for which an accused may receive a sentence of confinement for more than 1 year is a felony offense. Except for convictions by a summary court–martial, all other military offenses are misdemeanors. A conviction by a summary court–martial is not a criminal conviction. The limits of punishment for violations of the punitive provisions prescribed herein shall be lesser of the sentences prescribed by the Manual for Courts–Martial of the United States in effect on January 1, 2020, but in no instance shall any punishment exceed that authorized by this title. In sentencing an accused under § 13A–718 of this title, a court–martial shall impose punishment that is sufficient, but not greater than necessary, to promote justice and to maintain good order and discipline in the armed forces, taking into consideration: the nature and circumstances of the offense and the history and characteristics of the accused; the impact of the offense on: the financial, social, psychological, or medical well–being of any victim of the offense; and the mission, discipline, or efficiency of the command of the accused and any victim of the offense; the need for the sentence: to reflect the seriousness of the offense; to promote respect for the law; to provide just punishment for the offense; to promote adequate deterrence of misconduct; to protect others from further crimes by the accused; to rehabilitate the accused; and to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service; and the sentences available under this title. In announcing the sentence in a general or special court–martial in which the accused is sentenced by a military judge alone under § 13A–718 of this title, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. In a general or special court–martial in which the accused has elected sentencing by members, the court–martial shall announce a single sentence for all of the offenses of which the accused was found guilty. With the approval of the senior judge advocate concerned, and consistent with standards and procedures set forth in regulations prescribed by the Adjutant General, the Government may appeal a sentence to the Court of Military Appeals, on the grounds that: the sentence violates the law; or the sentence is plainly unreasonable, as determined in accordance with standards and procedures prescribed by the Manual for Courts–Martial or regulations authorized under § 13A–701 of this title. An appeal under this subsection must be filed within 60 days after the date on which the judgment of a court–martial is entered into the record under § 13A–902 of this title.

Whenever a sentence of a court–martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. A forfeiture may not extend to any pay or allowances accrued before the date specified in paragraph (1) of this subsection. Subject to paragraph (2) of this subsection, any period of confinement included in a sentence of a court–martial begins to run from the date the sentence is adjudged by the court–martial. Periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. All other sentences of courts–martial are effective on the date ordered executed.

On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court–martial jurisdiction over the command to which the accused is currently assigned, may in that person’s sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court–martial jurisdiction over the command to which the accused is currently assigned. In a case in which a court–martial sentences an accused referred to in paragraph (2) of this subsection to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the State military forces by a state, the United States, or a foreign country referred to in that paragraph. Paragraph (1) of this subsection applies to a person subject to this title who: while in the custody of a state, the United States, or a foreign country, is temporarily returned by that state, the United States, or a foreign country to the State military forces for trial by court–martial; and after the court–martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be. In a case in which a court–martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under § 13A–908 of this title is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending.

A sentence of confinement adjudged by a court–martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this title. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement. The omission of hard labor as a sentence authorized under this title does not deprive the State confinement facility from employing it if hard labor is otherwise within the authority of that facility to do so. No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.

A court–martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes a dishonorable or bad–conduct discharge or confinement reduces that member to pay grade E–1, effective on the date of that approval. If the sentence of a member who is reduced in pay grade under subsection (a) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (a) of this section, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.

A court–martial sentence described in paragraph (4) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determined under § 13A–803 of this subtitle and may be deferred as provided by that section. The pay and allowances forfeited, in the case of a general court–martial, shall be all pay and allowances due that member during such period and, in the case of a special court–martial, shall be two–thirds of all pay due that member during such period. A sentence covered by this subtitle is any sentence that includes: confinement for more than 6 months; or confinement for 6 months or less and a dishonorable or bad–conduct discharge or dismissal. In a case involving an accused who has dependents, the convening authority or other person acting under § 13A–902 of this title may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this section for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused. If the sentence of a member who forfeits pay and allowances under subsection (a) of this section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a) of this section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.