51 Pa.C.S. Ch. 58

51 Pa.C.S. Ch. 58
in effect

51 Pa.C.S. § 5801 Cruel and unusual punishments prohibited.

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 upon any person subject to this part. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

51 Pa.C.S. § 5802 Maximum limits.

(a) General rule.--The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or department may prescribe for that offense. In no instance may a sentence to confinement exceed more than five years for a military offense. (b) Punitive offenses.--The limits of punishment for an offense described in Chapter 60 (relating to punitive sections) shall be prescribed by the Governor or department by regulation. In no instance shall any punishment exceed that authorized by this section or the maximum punishment authorized by the United States Manual for Courts-Martial.

51 Pa.C.S. § 5803 Grading of offenses.

(a) Felonies.--A conviction by general court-martial for any military offense for which an accused may receive a sentence of confinement for more than one year is the equivalent of a felony offense. (b) Misdemeanors.--Except for convictions by a summary court-martial, all other military offenses are the equivalents of misdemeanors. (c) Noncriminal.--Any conviction by a summary court-martial is not a criminal conviction.

51 Pa.C.S. § 5804 Effective date of sentences.

(a) Forfeiture of pay and allowances.--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. No forfeiture may extend to any pay or allowances accrued before that date. (b) Confinement.--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, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. (c) Other sentences.--All other sentences of courts-martial are effective on the date ordered executed. Cross References. Section 5804 is referred to in section 5207 of this title.

51 Pa.C.S. § 5805 Execution of confinement.

(a) Place of confinement.--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 part. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement. (b) Authority to require hard labor.--The omission of the words "hard labor" from any sentence or punishment authorized under this part does not deprive the confinement facility executing that sentence or punishment of the power to require hard labor as a part of the punishment if it is otherwise within the authority of that facility to do so. (c) Refusal to accept accused prohibited.--No place of confinement may refuse or decline to accept an accused sentenced to confinement under this part or require payment of any fee or charge for so receiving or confining an accused except as otherwise provided by law. Any such fee or charge shall not exceed a per diem charge of $25 per day if otherwise authorized by law.

51 Pa.C.S. § 5806 Deferment of sentences.

(a) Deferment upon application of accused.--On application by an accused, the convening authority or 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. (b) Deferment without consent of accused.--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. This subsection applies to a person subject to this part who: (1) while in the custody of a state, the United States or a foreign country, is temporarily returned by that state, the United States or foreign country to the State military forces for trial by court-martial; and (2) after the court-martial, is returned to that state, the United States or foreign country under the authority of a mutual agreement or treaty. (c) Deferment while review of case is pending.--When a sentence to confinement has been ordered executed but review of the case is pending under section 5909 (relating to review by a board of review), the Adjutant General may defer further service of the sentence to confinement while the review is pending.

51 Pa.C.S. § 5807 Reduction in enlisted grade.

(a) General rule.--An enlisted member in a pay grade above E-1 receiving a sentence by a court-martial that includes a dishonorable or bad-conduct discharge or confinement shall receive a reduction in pay grade to E-1 effective on the date the sentence is approved. (b) Sentence no longer effective.--If an enlisted member receives a reduction in pay grade under subsection (a) and the sentence which led to a reduction in pay grade is later set aside, disapproved or, as finally approved, does not include a dishonorable or bad-conduct discharge or confinement, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay grade and allowances.

51 Pa.C.S. § 5808 Forfeiture of pay and allowances during confinement.

(a) General rule.--An enlisted member receiving a court-martial sentence of confinement for more than six months, or confinement of six months or less and a dishonorable or bad-conduct discharge or dismissal, shall forfeit the pay and allowances due him during any period of confinement or parole as provided in this subsection. The forfeiture shall take effect on the date the sentence was approved. The pay and allowances forfeited in the case of a general court-martial shall be all pay and allowances due the enlisted member during such period and in the case of a special court-martial shall be two-thirds of all pay due the enlisted member during such period. (b) Exception.--The convening authority or other person acting under section 5903 (relating to action on general court-martial records) may waive any or all requirements under subsection (a) for a period not to exceed six months if the accused has dependents. Any amount of pay or allowances that would be forfeited under subsection (a) shall be paid to the dependents of the accused. (c) Sentence no longer effective.--If an enlisted member is forced to forfeit pay and allowances under subsection (a) and the sentence which led to the forfeiture is later set aside, disapproved or, as finally approved, does not include confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay and allowances which he would have been paid for the period during which the forfeiture was in effect.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026