10 U.S.C. § 842 — Art. 42. Oaths

Page 757 TITLE 10—ARMED FORCES § 842 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 840 .......... 50:615. May 5, 1950, ch. 169, § 1 (Art. 40), 64 Stat. 121. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 substituted ‘‘summary court- martial’’ for ‘‘court-martial without a military judge’’. 1968—Pub. L. 90–632 inserted reference to military judge. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility 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 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 841. Art. 41. Challenges (a)(1) The military judge and members of a general or special court-martial may be chal- lenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the ac- cused are offered. (2) If exercise of a challenge for cause reduces the court below the number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any chal- lenge for cause then apparent against the re- maining members of the court before additional members are detailed to the court. However, pe- remptory challenges shall not be exercised at that time. (b)(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause. (2) If exercise of a peremptory challenge re- duces the court below the number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not pre- viously waived) against the remaining members of the court before additional members are de- tailed to the court. (c) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to pe- remptory challenge. (Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(17), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, § 541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, § 1075(b)(13), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 114–328, div. E, title LVII, § 5224, Dec. 23, 2016, 130 Stat. 2909.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 841(a) ...... 841(b) ...... 50:616(a). 50:616(b). May 5, 1950, ch. 169, § 1 (Art. 41), 64 Stat. 121. In subsection (a), the word ‘‘may’’ is substituted for the word ‘‘shall’’ before the words ‘‘not receive’’. In subsection (b), the word ‘‘the’’ is inserted before the word ‘‘trial’’. The word ‘‘is’’ is substituted for the words ‘‘shall be’’. The word ‘‘may’’ is substituted for the word ‘‘shall’’. Editorial Notes AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out ‘‘, or, if none, the court,’’ before ‘‘shall determine’’. Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out ‘‘minimum’’ after ‘‘below the’’. Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out ‘‘minimum’’ after ‘‘below the’’. 2011—Subsec. (c). Pub. L. 111–383 substituted ‘‘trial counsel’’ for ‘‘trail counsel’’. 1990—Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2). Subsec. (b). Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.’’ Subsec. (c). Pub. L. 101–510, § 541(d), added subsec. (c). 1968—Subsec. (a). Pub. L. 90–632, § 2(17)(A), (B), in- serted reference to the military judge and struck out references to the law officer of a general court-martial. Subsec. (b). Pub. L. 90–632, § 2(17)(C), substituted ‘‘military judge’’ for ‘‘law officer’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility 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 1990 AMENDMENT Amendment by Pub. L. 101–510 applicable only to court-martial convened on or after Nov. 5, 1990, see sec- tion 541(e) of Pub. L. 101–510, set out as a note under section 839 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 842. Art. 42. Oaths (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for Page 758 TITLE 10—ARMED FORCES § 843 all cases in which these duties are to be per- formed or for a particular case, shall be as pre- scribed in regulations of the Secretary con- cerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, de- fense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty. (b) Each witness before a court-martial shall be examined on oath. (Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(18), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 98–209, §§ 2(e), 3(f), Dec. 6, 1983, 97 Stat. 1393, 1395.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 842(a) ...... 842(b) ...... 50:617(a). 50:617(b). May 5, 1950, ch. 169, § 1 (Art. 42), 64 Stat. 121. In subsection (a), the word ‘‘all’’ and the word ‘‘the’’ before the words ‘‘members’’, ‘‘trial’’, ‘‘defense’’, and ‘‘reporter’’ are omitted as surplusage. In subsections (a) and (b), the words ‘‘or affirmation’’ are omitted as covered by the definition of the word ‘‘oath’’ in section 1 of Title 1. In subsection (b), the words ‘‘Each witness’’ are sub- stituted for the words ‘‘All witnesses’’. Editorial Notes AMENDMENTS 1983—Subsec. (a). Pub. L. 98–209 struck out ‘‘, law spe- cialist,’’ after ‘‘judge advocate’’ in two places, sub- stituted ‘‘assistant or associate defense counsel’’ for ‘‘assistant defense counsel’’. 1968—Subsec. (a). Pub. L. 90–632 struck out require- ment that the oath given to court-martial personnel be taken in the presence of the accused and provided that the form of the oath, the time and place of its taking, the manner of recording thereof, and whether the oath shall be taken for all cases or for a particular case shall be as prescribed by regulations of the Secretary con- cerned and contemplated secretarial regulations allow- ing the administration of an oath to certified legal per- sonnel on a one-time basis. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 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 com- mitted 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 con- summated 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 lia- ble to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punish- ment. (c) TOLLING FOR ABSENCE WITHOUT LEAVE OR FLIGHT FROM JUSTICE.—Periods in which the ac- cused 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 MILI- TARY JURISDICTION.—Periods in which the ac- cused 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 cer- tified to the President by the Secretary con- cerned 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 there- of in any manner, whether by conspiracy or not;