Title 10, Armed ForcesRelease 119-110
§843 Art. 43. Statute of Limitations
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER VII — TRIAL PROCEDURE › § 843
Summary
Sets time limits for when the military can bring charges and try people, with many exceptions. There is no time limit for crimes like absence without leave or missing movement in time of war, murder, rape or sexual assault (including against a child), maiming or kidnapping of a child, or any offense punishable by death. Normally the military must start a court-martial within five years before sworn charges are received by an officer who can convene a summary court-martial for that command. Punishment under Article 15 must be started within two years of the offense. A child abuse offense can be tried if sworn charges are received during the child’s life or within ten years after the offense, whichever is longer. Child abuse offense: abuse of someone under 16 that fits articles 120, 120a, 120b, 120c, or 130, or certain assaults under article 128; it also includes abuse of someone under 18 that would be an offense under 18 U.S.C. chapters 110 or 117 or under 18 U.S.C. 1591. Time spent while the accused is absent without authority, fleeing, outside U.S. or military custody, in civil custody, or held by the enemy does not count toward the time limit. In war, time limits can be extended. If the Secretary certifies a trial would hurt the war effort or national security, the limit is extended to six months after hostilities end. For certain war-related fraud, property, or contract offenses, the limit is suspended until three years after hostilities end. If charges are dismissed as defective and the statute has expired or will expire within 180 days, new charges can be brought if received within 180 days and they allege the same acts. Fraudulent enlistment or appointment may be charged during the enlistment or appointment or within five years, whichever is longer. If DNA testing identifies a person in an offense punishable by more than one year, the time limit is paused and restarts for a period equal to the original limitation from the date of the DNA implication.
Full Legal Text
Title 10, §843
Armed Forces, Source: USLM XML via OLRC
(a)No Limitation for Certain Offenses.—
A person charged with absence without leave or missing movement in time of war, with murder, rape or sexual assault, or rape or sexual assault of a child, maiming of a child, kidnapping of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation.
(b)Five-year Limitation for Trial by Court-martial.—
(1)Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(2)(A)A person charged with having committed a child abuse offense against a child is liable to be tried by court-martial if the sworn charges and specifications are received during the life of the child or within ten years after the date on which the offense was committed, whichever provides a longer period, by an officer exercising summary court-martial jurisdiction with respect to that person.
(B)In subparagraph (A), the term “child abuse offense” means an act that involves abuse of a person who has not attained the age of 16 years and constitutes any of the following offenses:
(i)Any offense in violation of section 920, 920a, 920b, 920c, or 930 of this title (article 120, 120a, 120b, 120c, or 130), unless the offense is covered by subsection (a).
(ii)Aggravated assault, assault consummated by a battery, or assault with intent to commit specified offenses in violation of section 928 of this title (article 128).
(C)In subparagraph (A), the term “child abuse offense” includes an act that involves abuse of a person who has not attained the age of 18 years and would constitute an offense under chapter 110 or 117 of title 18 or under section 1591 of that title.
(3)A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punishment.
(c)Tolling for Absence Without Leave or Flight From Justice.—
Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section (article).
(d)Tolling for Absence From US or Military Jurisdiction.—
Periods in which the accused was absent from territory in which the United States has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
(e)Extension for Offenses in Time of War Detrimental to Prosecution of War.—
For an offense the trial of which in time of war is certified to the President by the Secretary concerned to be detrimental to the prosecution of the war or inimical to the national security, the period of limitation prescribed in this article is extended to six months after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress.
(f)Extension for Other Offenses in Time of War.—
When the United States is at war, the running of any statute of limitations applicable to any offense under this chapter—
(1)involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not;
(2)committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States; or
(3)committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency;
is suspended until three years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress.
(g)Defective or Insufficient Charges.—
(1)If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations—
(A)has expired; or
(B)will expire within 180 days after the date of dismissal of the charges and specifications,
trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) are met.
(2)The conditions referred to in paragraph (1) are that the new charges and specifications must—
(A)be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and
(B)allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).
(h)Fraudulent Enlistment or Appointment.—
A person charged with fraudulent enlistment or fraudulent appointment under section 904a(1) of this title (article 104a(1)) may be tried by court-martial if the sworn charges and specifications are received by an officer exercising summary court-martial jurisdiction with respect to that person, as follows:
(1)In the case of an enlisted member, during the period of the enlistment or five years, whichever provides a longer period.
(2)In the case of an officer, during the period of the appointment or five years, whichever provides a longer period.
(i)DNA Evidence.—
If DNA testing implicates an identified person in the commission of an offense punishable by confinement for more than one year, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 843(a)843(b)50:618(a).50:618(b).May 5, 1950, ch. 169, § 1 (Art. 43), 64 Stat. 121. 843(c)50:618(c). 843(d)50:618(d). 843(e)50:618(e). 843(f)50:618(f). In subsection (b), the word “inclusive” is omitted as surplusage. In subsections (b) and (c), the words “is not” are substituted for the words “shall not be”. In subsection (e), the words “For an” are substituted for the words “In the case of any”. The word “is” is substituted for the words “shall be”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”. In subsection (f), the word “is” is substituted for the words “shall be”.
Editorial Notes
Amendments
2019—Subsec. (a). Pub. L. 116–92, § 533(a)(1), inserted “maiming of a child, kidnapping of a child,” after “sexual assault of a child,”. Subsec. (b)(2)(B)(ii) to (iv). Pub. L. 116–92, § 533(a)(2), redesignated cl. (iii) as (ii) and struck out former cls. (ii) and (iv) which read as follows: “(ii) Maiming in violation of section 928a of this title (article 128a). “(iv) Kidnapping in violation of section 925 of this title (article 125).” 2017—Subsec. (i). Pub. L. 115–91 substituted “DNA Evidence” for “Dna Evidence” in heading. 2016—Pub. L. 114–328, § 5225(e), inserted headings in subsecs. (a) to (g). Subsec. (b)(2)(A). Pub. L. 114–328, § 5225(a), substituted “ten years” for “five years”. Subsec. (b)(2)(B)(i) to (v). Pub. L. 114–328, § 5225(d), added pars. (i) to (iv) and struck out former pars. (i) to (v) which read as follows: “(i) Any offense in violation of section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c), unless the offense is covered by subsection (a). “(ii) Maiming in violation of section 924 of this title (article 124). “(iii) Forcible sodomy in violation of section 925 of this title (article 125). “(iv) Aggravated assault or assault consummated by a battery in violation of section 928 of this title (article 128). “(v) Kidnaping, assault with intent to commit murder, voluntary manslaughter, rape, or forcible sodomy, or indecent acts in violation of section 934 of this title (article 134).” Subsec. (h). Pub. L. 114–328, § 5225(b), added subsec. (h). Subsec. (i). Pub. L. 114–328, § 5225(c), added subsec. (i). 2014—Subsec. (b)(2)(B)(iii). Pub. L. 113–291, § 531(d)(2)(A)(i), substituted “Forcible sodomy” for “Sodomy”. Subsec. (b)(2)(B)(v). Pub. L. 113–291, § 531(d)(2)(A)(ii), substituted “forcible sodomy” for “sodomy”. 2013—Subsec. (a). Pub. L. 113–66, § 1703(a), substituted “rape or sexual assault, or rape or sexual assault of a child” for “rape, or rape of a child”. Subsec. (b)(2)(B)(i). Pub. L. 113–66, § 1703(b), inserted “, unless the offense is covered by subsection (a)” before period at end. Subsec. (b)(2)(B)(v). Pub. L. 112–239 substituted “Kidnaping,” for “Kidnaping,,”. 2011—Subsec. (b)(2)(B)(i). Pub. L. 112–81, § 541(d)(1)(A), substituted “section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c)” for “section 920 of this title (article 120)”. Subsec. (b)(2)(B)(v). Pub. L. 112–81, § 541(d)(1)(B), struck out “indecent assault” after “Kidnaping,” and “or liberties with a child” after “indecent acts”. Pub. L. 111–383 substituted “Kidnaping, indecent assault,” for “Kidnaping; indecent assault;”. 2006—Subsec. (a). Pub. L. 109–163, § 553(a), substituted “with murder or rape, or with any other offense punishable by death” for “or with any offense punishable by death”. Pub. L. 109–163, § 552(e), substituted “, rape, or rape of a child,” for “or rape,”. Subsec. (b)(2)(A). Pub. L. 109–163, § 553(b)(1), substituted “during the life of the child or within five years after the date on which the offense was committed, whichever provides a longer period,” for “before the child attains the age of 25 years”. Subsec. (b)(2)(B). Pub. L. 109–163, § 553(b)(2)(A), struck out “sexual or physical” before “abuse of a person” in introductory provisions. Subsec. (b)(2)(B)(i). Pub. L. 109–163, § 553(b)(2)(B), substituted “Any offense” for “Rape or carnal knowledge”. Subsec. (b)(2)(B)(iii). Pub. L. 109–364, § 1071(a)(4)(A), substituted “125” for “126”. Subsec. (b)(2)(B)(v). Pub. L. 109–163, § 553(b)(2)(C), substituted “Kidnaping; indecent assault;” for “Indecent assault,”. Subsec. (b)(2)(C). Pub. L. 109–364, § 1071(a)(4)(B), substituted “under chapter 110 or 117 of title 18 or under section 1591 of that title” for “under chapter 110 or 117, or under section 1591, of title 18”. Pub. L. 109–163, § 553(b)(3), added subpar. (C). 2003—Subsec. (b)(2), (3). Pub. L. 108–136 added par. (2) and redesignated former par. (2) as (3). 1986—Subsecs. (a) to (c). Pub. L. 99–661, § 805(a), amended subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to (c) read as follows: “(a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy, mutiny, or murder, may be tried and punished at any time without limitation. “(b) Except as otherwise provided in this article, a person charged with desertion in time of peace or any of the offenses punishable under section 919–932 of this title (articles 119–132) is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. “(c) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by court-martial or punished under section 815 of this title (article 15) if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section 815 of this title (article 15).” Subsec. (g). Pub. L. 99–661, § 805(b), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date
of 2019 Amendment Pub. L. 116–92, div. A, title V, § 533(b), Dec. 20, 2019, 133 Stat. 1361, provided that: “The
Amendments
made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 20, 2019] and shall apply with respect to the prosecution of offenses committed before, on, or after the date of the enactment of this Act if the applicable limitation period has not yet expired.”
Effective Date
of 2017 AmendmentAmendment by section 1081(c)(1)(E) of Pub. L. 115–91 effective immediately after the
Amendments
made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
Effective Date
of 2016 Amendment Pub. L. 114–328, div. E, title LVII, § 5225(f), Dec. 23, 2016, 130 Stat. 2910, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(17), Dec. 12, 2017, 131 Stat. 1600, provided that: “The
Amendments
made by subsections (a), (b), (c), and (d) [amending this section] shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section [Dec. 23, 2016] if the applicable limitation period has not yet expired.” [Pub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(17) to section 5225(f) of Pub. L. 114–328, set out above, is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted.] Amendment by section 5225(e) of Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing
Regulations
and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Effective Date
of 2013 Amendment Pub. L. 113–66, div. A, title XVII, § 1703(c), Dec. 26, 2013, 127 Stat. 958, provided that: “The
Amendments
made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 26, 2013], and shall apply with respect to an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice), that is committed on or after that date.”
Effective Date
of 2011 Amendment Pub. L. 112–81, div. A, title V, § 541(f), Dec. 31, 2011, 125 Stat. 1411, provided that: “The
Amendments
made by this section [enacting section 920b and 920c of this title and amending this section and section 918 and 920 of this title] shall take effect 180 days after the date of the enactment of this Act [Dec. 31, 2011] and shall apply with respect to offenses committed on or after such
Effective Date
.”
Effective Date
of 2006 Amendment Pub. L. 109–163, div. A, title V, § 552(f), Jan. 6, 2006, 119 Stat. 3263, provided that: “The
Amendments
made by this section [amending this section and section 918 and 920 of this title and enacting provisions set out as notes under section 920 of this title] shall take effect on October 1, 2007.”
Effective Date
of 1986 Amendment Pub. L. 99–661, div. A, title VIII, § 805(c), Nov. 14, 1986, 100 Stat. 3908, provided that: “The
Amendments
made by this section [amending this section] shall apply to an offense committed on or after the date of the enactment of this Act [Nov. 14, 1986].” Applicability of Subsections (b)(2)(B) and (h)Pub. L. 115–91, div. A, title V, § 531(n)(2), (3), Dec. 12, 2017, 131 Stat. 1387, provided that: “(2) Child abuse offenses.—With respect to offenses committed before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967) [10 U.S.C. 801 note], subsection (b)(2)(B) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), shall be applied as in effect on
December 22, 2016. “(3) Fraudulent enlistment or appointment offenses.—With respect to the period beginning on
December 23, 2016, and ending on the day before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967), in the application of subsection (h) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(b) of that Act (130 Stat. 2909), the reference in such subsection (h) to section 904a(1) of title 10, United States Code (article 104a(1) of the Uniform Code of Military Justice), shall be deemed to be a reference to section 883(1) of title 10, United States Code (article 83(1) of the Uniform Code of Military Justice).”
Reference
Citations & Metadata
Citation
10 U.S.C. § 843
Title 10, Armed Forces
Last Updated
Sep 22, 2026
Release point: 119-110