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10 U.S.C. § 803 — Art. 3. Jurisdiction to try certain personnel

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 803 — Art. 3. Jurisdiction to try certain personnel

**(a)** Subject to [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (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.

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Source file: Laws/federal/codes/united-states-code/title-10/section-803-art-3-jurisdiction-to-try-certain-personnel--ab49d9c512.md
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Source location: Title 10, Chapter 47, § 803; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 973 — Duties: officers on active duty; performance of civil functions restricted

**(a)** No officer of an armed force on active duty may accept employment if that employment requires him to be separated from his organization, branch, or unit, or interferes with the performance of his military duties. **(b)** (1) This subsection applies— (A) to a regular officer of an armed force on the active-duty list (and a regular officer of the Coast Guard on the active duty promotion list); (B) to a retired regular officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 270 days; (C) to a reserve officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 270 days; and (D) to an officer on the Space Force officer list serving on active duty under [section 20105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105/b&num=0&edition=prelim) or under a call or order to active duty for a period in excess of 270 days. (2) (A) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold, or exercise the functions of, a civil office in the Government of the United States— (i) that is an elective office; (ii) that requires an appointment by the President by and with the advice and consent of the Senate; or (iii) that is a position in the Executive Schedule under sections 5312 through 5317 of title 5. (B) An officer to whom this subsection applies may hold or exercise the functions of a civil office in the Government of the United States that is not described in subparagraph (A) when assigned or detailed to that office or to perform those functions. (3) Except as otherwise authorized by law, an officer to whom this subsection applies by reason of sub

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 973

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 802 — Art. 2. Persons subject to this chapter

**(a)** The following persons are subject to this chapter: (1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it. (2) Cadets, aviation cadets, and midshipmen. (3) (A) While on inactive-duty training and during any of the periods specified in subparagraph (B)— (i) members of a reserve component or the Space Force; and (ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service. (B) The periods referred to in subparagraph (A) are the following: (i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations. (ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations. (iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations. (4) Retired members of a regular component of the armed forces who are entitled to pay. (5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 802

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 843 — Art. 43. Statute of limitations

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section928&num=0&edition=prelim) (article 128). (C) In subparagr

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 857 — Art. 57. Effective date of sentences

**(a) Execution of Sentences.—** A court-martial sentence shall be executed and take effect as follows: (1) **Forfeiture and reduction.—** — A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of— (A) the date that is 14 days after the date on which the sentence is adjudged; or (B) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority. (2) **Confinement.—** — Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. (3) **Approval of sentence of death.—** — If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended. (4) **Approval of dismissal.—** — If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, r

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 857

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 863 — Art. 63. Rehearings

**(a)** Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be adjudged, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. **(b)** If the sentence adjudged by the first court-martial was in accordance with a plea agreement under [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a) and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been adjudged at the first court-martial, subject to such limitations as the President may prescribe by regulation. **(c)** If, after appeal by the Government under [section 856(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section856/d&num=0&edition=prelim) (article 56(d)), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Criminal Appeals or Court of Appeals for the Armed Forces, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the President may prescribe by regulati

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 863

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 913 — Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel

**(a)** Any person subject to this chapter who— (1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in [section 912a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section912a/b&num=0&edition=prelim) (article 112a(b)), or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under subsection (b), shall be punished as a court-martial may direct. **(b)** (1) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person’s blood or breath is as follows: (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of— (i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or (ii) the blood alcohol content limit specified in paragraph (3). (B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe. (2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their respective State laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation. (3) For purposes of paragraph (1), the bloo

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 913

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 918 — Art. 118. Murder

Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when such person— (1) has a premeditated design to kill; (2) intends to kill or inflict great bodily harm; (3) is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or (4) is engaged in the perpetration or attempted perpetration of burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson; is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), such person shall suffer death or imprisonment for life as a court-martial may direct, unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 918

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 920 — Art. 120. Rape and sexual assault generally

**(a) Rape.—** Any person subject to this chapter who commits a sexual act upon another person by— (1) using unlawful force against that other person; (2) using force causing or likely to cause death or grievous bodily harm to any person; (3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (4) first rendering that other person unconscious; or (5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct; is guilty of rape and shall be punished as a court-martial may direct. **(b) Sexual Assault.—** Any person subject to this chapter who— (1) commits a sexual act upon another person by— (A) threatening or placing that other person in fear; (B) making a fraudulent representation that the sexual act serves a professional purpose; or (C) inducing a belief by any artifice, pretense, or concealment that the person is another person; (2) commits a sexual act upon another person— (A) without the consent of the other person; or (B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or (3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to— (A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or (B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person; i

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 920

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 551 to 556 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 551, act May 5, 1950, ch. 169, § 1, 64 Stat. 108, defined terms used in this chapter. See sections 101 and 801 of Title 10, Armed Forces. Section 552, acts May 5, 1950, ch. 169, § 1, 64 Stat. 109; Aug. 1, 1956, ch. 852, § 23, 70 Stat. 911, related to persons subject to Articles of War. See [section 802 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section802&num=0&edition=prelim). Act Aug. 1, 1956, ch. 852, § 23, 70 Stat. 911 was repealed by Pub. L. 87–651, title III, § 307A, Sept. 7, 1962, 76 Stat. 526. Section 553, act May 5, 1950, ch. 169, § 1, 64 Stat. 109, related to jurisdiction to try certain personnel. See [section 803 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section803&num=0&edition=prelim). Section 554, act May 5, 1950, ch. 169, § 1, 64 Stat. 110, provided for dismissed officer’s right to trial by court-martial. See [section 804 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section804&num=0&edition=prelim). Section 555, act May 5, 1950, ch. 169, § 1, 64 Stat. 110, provided that this chapter should be applicable in all places. See [section 805 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section805&num=0&edition=prelim). Section 556, act May 5, 1950, ch. 169, § 1, 64 Stat. 110, related to judge advocates and legal officers. See [section 806 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 551 to 556

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 803 — Art. 3. Jurisdiction to try certain personnel

Page 720 TITLE 10—ARMED FORCES § 803 of Military Justice), continuously from the commence- ment of execution of such orders to the conclusion of such orders.’’ ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION OVER CIVILIANS ACCOMPANYING ARMED FORCES IN TIME OF ARMED CONFLICT Pub. L. 104–106, div. A, title XI, § 1151, Feb. 10, 1996, 110 Stat. 467, directed the Secretary of Defense and the At- torney General, not later than 45 days after Feb. 10, 1996, to jointly appoint an advisory committee to re- view and make recommendations concerning the appro- priate forum for criminal jurisdiction over civilians ac- companying the Armed Forces outside the United States in time of armed conflict, directed the com- mittee to transmit to the Secretary of Defense and the Attorney General a report setting forth its findings and recommendations not later than Dec. 15, 1996, directed the Secretary of Defense and the Attorney General to jointly transmit the report of the committee to Con- gress not later than Jan. 15, 1997, and provided that the committee would terminate 30 days after the date on which the report had been submitted to Congress. Executive Documents TRANSFER OF FUNCTIONS All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Edu- cation, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Em- ployees. EX. ORD. NO. 10631. CODE OF CONDUCT FOR MEMBERS OF THE ARMED FORCES Ex. Ord. No. 10631, Aug. 17, 1955, 20 F.R. 6057, as amended by Ex. Ord.

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