10 USC § 859 - Art. 59. Error of law; lesser included offense

---
identifier: "/us/usc/t10/s859"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 859 - Art. 59. Error of law; lesser included offense"
title_number: 10
title_name: "ARMED FORCES"
section_number: "859"
section_name: "Art. 59. Error of law; lesser included offense"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "IX"
subchapter_name: "POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)"
---


# § 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 a lesser included offense.

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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

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

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