---
kind: "section"
citation: "10 U.S.C. § 949h"
title: "10"
title_heading: "Armed Forces"
number: "949h"
heading: "Former jeopardy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/949h"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter IV — Trial Procedure"
---

# §949h. Former jeopardy

- (a) **In General.—** No [person](/usc/10/2700.md?p=2) may, without the [person](/usc/10/2700.md?p=2)’s consent, be tried by a [military](/usc/10/801.md?p=8) commission under this chapter a second time for the same offense.
- (b) **Scope of Trial.—** No proceeding in which the accused has been found guilty by [military](/usc/10/801.md?p=8) commission under this chapter upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 949h, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to former jeopardy, prior to the general amendment of this chapter by Pub. L. 111–84.