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

# §949m. Number of votes required

- (a) **Conviction.—** No [person](/usc/10/2700.md?p=2) may be convicted by a [military](/usc/10/801.md?p=8) commission under this chapter of any offense, except as provided in [section 949i(b) of this title](/usc/10/949i.md?p=b) or by concurrence of two-thirds of the primary members present at the time the vote is taken.
- (b) **Sentences.—**
  - (1) Except as provided in paragraphs [(2)](#b-2) and [(3)](#b-3), sentences shall be determined by a [military](/usc/10/801.md?p=8) commission by the concurrence of two-thirds of the primary members present at the time the vote is taken.
  - (2) No [person](/usc/10/2700.md?p=2) may be sentenced to death by a [military](/usc/10/801.md?p=8) commission, except insofar as—
    - (A) the penalty of death has been expressly authorized under this chapter, [chapter 47](/usc/10/chstA/ptII/ch47.md) of this title, or the law of war for an offense of which the accused has been found guilty;
    - (B) trial counsel expressly sought the penalty of death by filing an appropriate notice in advance of trial;
    - (C) the accused was convicted of the offense by the concurrence of all the primary members present at the time the vote is taken, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with [section 949i(b) of this title](/usc/10/949i.md?p=b); and
    - (D) all primary members present at the time the vote was taken on the sentence concurred in the sentence of death.
  - (3) No [person](/usc/10/2700.md?p=2) may be sentenced to life imprisonment, or to confinement for more than 10 years, by a [military](/usc/10/801.md?p=8) commission under this chapter except by the concurrence of three-fourths of the primary members present at the time the vote is taken.
  - (4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of [section 948m(d) of this title](/usc/10/948m.md?p=d) are met.
- (c) **Number of Members Required for Penalty of Death.—**
  - (1) Except as provided in [paragraph (2)](#c-2), in a case in which the penalty of death is sought, the number of primary members of the [military](/usc/10/801.md?p=8) commission under this chapter shall be not less than 12 primary members.
  - (2) In any case described in [paragraph (1)](#c-1) in which 12 primary members are not reasonably available for a [military](/usc/10/801.md?p=8) commission because of physical conditions or [military](/usc/10/801.md?p=8) exigencies, the convening authority shall specify a lesser number of primary members for the [military](/usc/10/801.md?p=8) commission (but not fewer than 9 primary members), and the [military](/usc/10/801.md?p=8) commission may be assembled, and the trial held, with not less than the number of primary members so specified. In any such case, the convening authority shall make a detailed written statement, to be appended to the [record](/usc/10/801.md?p=14), stating why a greater number of primary members were not reasonably available.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2589; amended Pub. L. 112–81, div. A, title X, § 1030(a), Dec. 31, 2011, 125 Stat. 1570; Pub. L. 113–66, div. A, title X, § 1031(c), Dec. 26, 2013, 127 Stat. 850.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 949m, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2616, related to number of votes required for conviction and sentences and number of members required on military commission for penalty of death, prior to the general amendment of this chapter by Pub. L. 111–84.

### Amendments

2013—Pub. L. 113–66, § 1031(c)(1), inserted “primary” before “members” wherever appearing.

Subsec. (b)(4). Pub. L. 113–66, § 1031(c)(2), added par. (4).

2011—Subsec. (b)(2)(C). Pub. L. 112–81, § 1030(a)(1), inserted before semicolon “, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title”.

Subsec. (b)(2)(D). Pub. L. 112–81, § 1030(a)(2), inserted “on the sentence” after “vote was taken”.