§ 38-2-1056 — Maximum sentencing limits

(a) The punishment which a court-martial may direct for an offense shall not exceed such limits as prescribed by this article, but in no instance shall a sentence exceed more than ten years nor shall a sentence of death be adjudged. A conviction by general court-martial of any offense for which an accused may receive a sentence of confinement for more than one year shall be a felony offense. Except for convictions by a summary court-martial, all other convictions shall be misdemeanors. Any conviction by a summary court-martial shall not be a criminal conviction. (b) The limits of punishment for violations of this article prescribed in subsection (a) of this Code section shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States in effect on January 1, 2015, if such manual contains the offense, and any regulations or manual for courts-martial adopted in this state pursuant to Code Section 38-2-1036 , but in no instance shall any punishment exceed that authorized by this article.

Legislative History

Amended by 2017 Ga. Laws 275,§ 38, eff. 5/9/2017. Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.