Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 803. Art. 3. Jurisdiction to try certain personnel
Statutory text
Subject to section 843 of this title (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person’s former status.
Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.
No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.
A member of a reserve component or the Space Force who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 38 · 70A Stat. 38
Enacted · 10 U.S.C. § 803
Aug. 10, 1956, ch. 1041, 70A Stat. 38
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 38Military Justice Amendments of 1986
Pub. L. 99–661 div. A title VIII § 804(b) · 100 Stat. 3816
Added · 10 U.S.C. § 803(d)
Pub. L. 99–661 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–661 added subsec. (d).Enacted provision · exact public law section
(b) Continued Amenability to Jurisdiction.— Section 803 (article 3) is amended by adding at the end the following new subsection: “(d) A member of a reserve component who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.”.National Defense Authorization Act for Fiscal Year 1993
Pub. L. 102–484 div. A title X § 1063 · 106 Stat. 2315
Amended · 10 U.S.C. § 803(a)
Pub. L. 102–484 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or the District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–484 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or the District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status.”Enacted provision · exact public law section
SEC. 1063. JURISDICTION REGARDING OFFENSES COMMITTED DURING PERIODS OF PRIOR SERVICE. Section 803(a) (article 3(a)) of title 10, United States Code, is amended to read as follows: “(a) Subject to section 843 of this title (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person’s former status.”.Effective date note
Pub. L. 102–484, div. A, title X, § 1067, Oct. 23, 1992, 106 Stat. 2506, provided that: “The amendments made by sections 1063, 1064, 1065, and 1066 [amending this section and sections 857, 863, 911, 918, and 920 of this title] shall take effect on the date of the enactment of this Act [Oct. 23, 1992] and shall apply with respect to offenses committed on or after that date.”Space Force Personnel Management Act
Pub. L. 118–31 div. A title XVII § 1722(f)(2) · 137 Stat. 136
Inserted · 10 U.S.C. § 803(d)
Pub. L. 118–31 inserted “or the Space Force” after “reserve component”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–31 inserted “or the Space Force” after “reserve component”.Enacted provision · exact public law section
(2) Jurisdiction to try certain personnel.— Subsection (d) of section 803 (article 3) is amended by inserting, “or the Space Force” after “reserve component”.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 803(a)803(b)803(c) | 50:553(a).50:553(b).50:553(c). | May 5, 1950, ch. 169, § 1 (Art. 3), 64 Stat. 109. |
In subsection (a), the words “the provisions of” are omitted as surplusage. The words “no * * * may” are substituted for the words “any * * * shall not”. The word “for” is substituted for the word “of” before the words “five years”. The words “of a State, a Territory, or” are substituted for the words “any State or Territory thereof or of”. The word “court-martial” is substituted for the word “courts-martial”.
In subsection (b), the words “Each person” are substituted for the words “All persons”. The words “who is later” are substituted for the word “subsequently”. The words “his discharge is” are substituted for the words “said discharge shall * * * be”. The words “the provisions of” are omitted as surplusage. The word “is” is substituted for the words “shall * * * be”. The words “he is” are substituted for the words “they shall be”. The word “before” is substituted for the words “prior to”.
In subsection (c), the words “No * * * may” are substituted for the words “Any * * * shall not”. The word “later” is substituted for the word “subsequent”.
Editorial Notes
Codification
Another section 1722(f) of Pub. L. 118–31 amended section 973 of this title.
Amendments1986–2023 · 3 rounds
2023
Subsec. (d). Pub. L. 118–31 inserted “or the Space Force” after “reserve component”.
1992
Subsec. (a). Pub. L. 102–484 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or the District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status.”
1986
Subsec. (d). Pub. L. 99–661 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–484, div. A, title X, § 1067, , 106 Stat. 2506, provided that: “The amendments made by sections 1063, 1064, 1065, and 1066 [amending this section and sections 857, 863, 911, 918, and 920 of this title] shall take effect on the date of the enactment of this Act [] and shall apply with respect to offenses committed on or after that date.”
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–661 applicable to offenses committed on or after the earlier of (1) the last day of the 120-day period beginning on ; or (2) the date specified in an Executive order, see sections 804(e) and 808 of Pub. L. 99–661, set out as notes under section 802 of this title.
Credits
1956–2023 · 4 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 38
- 1986Pub. L. 99–661, div. A, title VIII, § 804(b), , 100 Stat. 3907
- 1992Pub. L. 102–484, div. A, title X, § 1063, , 106 Stat. 2505
- 2023Pub. L. 118–31, div. A, title XVII, § 1722(f)(2), , 137 Stat. 671.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99–661, div. A, title VIII, § 804(b), , 100 Stat. 3907; Pub. L. 102–484, div. A, title X, § 1063, , 106 Stat. 2505; Pub. L. 118–31, div. A, title XVII, § 1722(f)(2), , 137 Stat. 671.)