2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47 - UNIFORM CODE OF MILITARY JUSTICE (§§ 801 - 946)
Subchapter I - GENERAL PROVISIONS (§§ 801 - 806a)
Section 803 - Art. 3. Jurisdiction to try certain personnel
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS Sec. 803 - Art. 3. Jurisdiction to try certain personnel |
| Contains | section 803 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99-661, div. A, title VIII, §804(b), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 102-484, div. A, title X, §1063, Oct. 23, 1992, 106 Stat. 2505. |
| Statutes at Large References | 64 Stat. 109 100 Stat. 3907 106 Stat. 2505 |
| Public Law References | Public Law 99-661, Public Law 102-484 |
Download PDF
(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 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99–661, div. A, title VIII, §804(b), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 102–484, div. A, title X, §1063, Oct. 23, 1992, 106 Stat. 2505.)
| Revised section | Source (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”.
Amendments1992—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).
Effective Date of 1992 AmendmentSection 1067 of Pub. L. 102–484 provided that: “The amendments made by sections 1063, 1064, 1065, and 1066 [amending this section and sections 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 sections 804(e) and 808 of Pub. L. 99–661, set out as notes under section 802 of this title.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.
