§803 — Title 10 Armed Forces | U.S. Code

Summary

People who were under military law when they did a crime stay under military law for that crime even if their military status later ends, unless section 843 says otherwise. A person who was discharged but later accused of getting that discharge by fraud can be tried by a military court for the fraud. If arrested, they are under military control for that trial. If found guilty of fraud, they can also be tried by military court for any other offenses they committed before the fake discharge. Someone who deserted cannot avoid military court just because they later separated from service. A member of a reserve unit or the Space Force also remains subject to military law for crimes they committed while on active duty or in inactive-duty training, even after that duty or training ends.

Title 10, §803

Armed Forces — Source: USLM XML via OLRC

(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.

(b)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.

(c)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.

(d)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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.

Amendments

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, Oct. 23, 1992, 106 Stat. 2506, provided that: “The

Amendments

made by section 1063, 1064, 1065, and 1066 [amending this section and section 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.”

Effective Date

of 1986 AmendmentAmendment 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 Nov. 14, 1986; or (2) the date specified in an Executive order, see section 804(e) and 808 of Pub. L. 99–661, set out as notes under section 802 of this title.

§803 Art. 3. Jurisdiction to try certain personnel

Summary

Title 10, §803

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Citations & Metadata