U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER II— APPREHENSION AND RESTRAINT

10 U.S.C. § 814

Art. 14. Delivery of offenders to civil authorities

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(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.(Aug. 10, 1956, ch. 1041, 70A Stat. 41.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

814(a)

814(b)

50:568(a).

50:568(b).

May 5, 1950, ch. 169, § 1 (Art. 14), 64 Stat. 112.

In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.

In subsection (b), the word “interrupts” is substituted for the words “shall be held to interrupt”. The word “his” is substituted for the words “the said court-martial”.

Statutory Notes and Related SubsidiariesRegulations for Delivery of Military Personnel to Civil Authorities When Charged With Certain Offenses

Pub. L. 100–456, div. A, title VII, § 721, Sept. 29, 1988, 102 Stat. 2001, directed the Secretary of Defense to ensure that the Secretaries of the military departments had issued uniform regulations pursuant to this section not later than 90 days after Sept. 29, 1988, and to transmit to committees of Congress a copy of such regulations and any recommendations for additional legislation not later than 120 days after Sept. 29, 1988.

Notes of Decisions
Cited in 31 cases, 1958–2018 · leading case: Herbert W. Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir. 1976).
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Herbert W. Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir. 1976). “10 U.S.C. § 814 in fact sanctions such a practice.”
Poly v. Moylan, 667 N.E.2d 250 (Mass. 1996). “10 U.S.C. § 814 (the military may or may not deliver members for trial).”
Harold L. Peek, Jr. v. United States, 321 F.2d 934 (9th Cir. 1963). “Article 14(a) of the Uniform Code of Military Justice ( 10 U.S.C. § 814 ) states: “(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil…”
Michael Everett Street v. P. G. Cnty. Police Detective Cherba P. G. Cnty. Police Detective Robert Derfler, 662 F.2d 1037 (4th Cir. 1981). “…military lawyer and then told the defendants that they could arrest the plaintiff and take him back to Maryland. 5 . 10 U.S.C.A. § 814 , Art. 14(a).”
State v. Cameron, 909 S.W.2d 836 (Tenn. Crim. App. 1995). “10 U.S.C. § 814 (a) provides in part: [A] member of the armed forces accused of an offense against civil authority may be delivered, upon request, to civil authority for trial.”
United States v. Mooney, 76 M.J. 545 (A.F.C.C.A. 2017). · cites it 2× “Although recognizing there was conflicting guidance between Department of Defense (DoD) regulations and the UCMJ, the SJA opined Article 14, UCMJ, 10 U.S.C. § 814 , and DoD regulatory guidance permitted the imposition of consecutive sentences.”
Harker v. State, 663 P.2d 932 (Alaska 1983). “§ 814 (a) (1970)] specifically provides that a commander may deliver to civil authorities a member of the armed forces accused of an offense under civil criminal law, insuring that military reservations do not become havens for those who violate criminal law.”
United States v. Kelson, 3 M.J. 139 (1977). “); see generally Articles 14, 15(a), 22(a)(6), and 23(a)(7), Uniform Code of Military Justice, 10 U.S.C. §§ 814 , 815(a), 822(a)(6), and 823(a)(7).”
United States v. Bryant, 12 C.M.A. 133 (1961). · cites it 2× “2498, 81st Congress, 1st Session, page 1089, and point out that the only other provision in the Uniform Code pertaining to interruption of the execution of one sentence for service of another is in Article 14(b), 10 USC § 814 . That statute provides that delivery of an accused…”
United States v. Jordan, 35 M.J. 856 (1992). “However, the civilian police took delivery of the appellant pursuant to their own arrest warrant and Article 14(a), UCMJ, 10 U.S.C. § 814 (a). Record at 75-76. At the time the civilian police took delivery of the appellant, military charges had not been preferred against the…”
Fisher v. Commander, Army Reg'l Confinement Facility, 56 M.J. 691 (N.M.C.C.A. 2001). “Original Delivery to State We find that the petitioner’s delivery to state authorities to stand trial was accomplished under Article 14, UCMJ, 10 U.S.C. § 814 . The transfer of a military prisoner pursuant to this article merely interrupts the execution of his court-martial…”
Edward Edwards v. Paul J. Madigan, 281 F.2d 73 (9th Cir. 1960). “” Appellant cites Article 14(b) of the Uniform Code ( 10 U.S.C.A. § 814 ) in support of his argument.”
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