UCMJ – United States Code of Military Justice

803. ARTICLE 3. JURISDICTION TO TRY CERTAIN PERSONNEL

01. General Provisions

(a) 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 District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that 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 trial by court-martial for all offense under this chapter committed before the fraudulent discharge

(c) No person who has deserted from the armed forces may be relieved form amenability to the jurisdiction of this chapter by virtue of 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.


2 Comments for this entry

  • Amy E. Zay

    I am trying to determine who I can speak to about my ex-husband. Upon his separation from the Navy in 2010, he was arrested no more than 2 months later of a sex crime involving a 12 year old girl and he was subsequently convicted on felony charges. I have heard that the Navy could have recalled him and given him Court Martial. Further, after his conviction, he went to film school on the GI Bill through his Naval benefits and opened his own film/online media corporation in LA last year and is now working on his first project – a children’s cookbook. Please advise as to who I could speak to about his crime and how it affects his Naval benefits. thank you – amy e. zay 970.901.5061

  • Phyllis Schmidt

    I am looking for information regarding an Army Reservist who was on a normal weekend drill. He was on private property after hours when he had consensual relations with another member of his unit. Is he considered active duty and therefore under Title 10, Subtitle E of the US Code and therefore subjected to Military Jurisdiction under the UCMJ.

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