10 U.S.C. § 813
Section 813 · Art. 13. Punishment prohibited before trial
Amended 2 times on record
Applied in 182 court decisions — leading case Noyd v. Bond (1969)
Most recently applied in United States v. Captain JASON M. ALSTON (October 2016)
Cases citing this section usually also cite 10 U.S.C. § 866 · 10 U.S.C. § 886 · 10 U.S.C. § 859
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.
Amendments
1981—Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.
Cross References
Article to be explained, see section 937 of this title.