Title 10, Armed ForcesRelease 119-102

§803 Art. 3. Jurisdiction to Try Certain Personnel

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER I — GENERAL PROVISIONS › § 803

Last updated Aug 21, 2026|Official source

Summary

People who are now under military law can still be tried for crimes they did while they were in the military before, even if that earlier status ended, as limited by section 843 (article 43). If someone was discharged and later accused of getting that discharge by fraud, they can be tried by court-martial for the fraud and, while held for that trial, are treated as under military law. If convicted of the fraud, they can then be tried for any military crimes committed before the fraudulent discharge. A person who deserted the service cannot avoid military trial just because they later separated or served again. A reserve or Space Force member keeps military-court responsibility for crimes done during a period of active duty or training, even after that period ends.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 803

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102