---
kind: "section"
citation: "10 U.S.C. § 859"
title: "10"
title_heading: "Armed Forces"
number: "859"
heading: "Art. 59. Error of law; lesser included offense"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/859"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter IX — Post-Trial Procedure and Review of Courts-Martial"
---

# §859. Art. 59. Error of law; lesser included offense

- (a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
- (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as [includes](/usc/10/101.md?p=g-4) a lesser included offense.

## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 859(a)<br>859(b) | 50:646(a).<br>50:646(b). | May 5, 1950, ch. 169, § 1 (Art. 59), 64 Stat. 127. |

The word “may” is substituted for the word “shall”.