US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 803

Art. 3. Jurisdiction to try certain personnel

(a)
section 843 of this title Subject to (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)
section 843 of this title Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to (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.

Aug. 10, 1956, ch. 104170A Stat. 38Pub. L. 99–661, div. A, title VIII, § 804(b)100 Stat. 3907Pub. L. 102–484, div. A, title X, § 1063106 Stat. 2505Pub. L. 118–31, div. A, title XVII, § 1722(f)(2)137 Stat. 671(, ; , , ; , , ; , , .)

Historical and Revision Notes

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”.

Editorial Notes

Codification

section 1722(f) of Pub. L. 118–31section 973 of this titleAnother amended .

Amendments

Pub. L. 118–312023—Subsec. (d). inserted “or the Space Force” after “reserve component”.

Pub. L. 102–484section 843 of this title1992—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to (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.”

Pub. L. 99–6611986—Subsec. (d). added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–484, div. A, title X, § 1067106 Stat. 2506

“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 [] and shall apply with respect to offenses committed on or after that date.”
, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–661Pub. L. 99–661section 802 of this titleAmendment by applicable to offenses committed on or after the earlier of (1) the last day of the 120-day period beginning on ; or (2) the date specified in an Executive order, see sections 804(e) and 808 of , set out as notes under .