10 USC 843 - Art. 43. Statute of limitations

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
843(a) 843(span)	50:618(a). 50:618(span).	May 5, 1950, ch. 169, § 1 (Art. 43), 64 Stat. 121.
843(c)	50:618(c).
843(d)	50:618(d).
843(e)	50:618(e).
843(f)	50:618(f).

In subsection (span), the word “inclusive” is omitted as surplusage.

In subsections (span) and (c), the words “is not” are substituted for the words “shall not be”.

In subsection (e), the words “For an” are substituted for the words “In the case of any”. The word “is” is substituted for the words “shall be”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”.

In subsection (f), the word “is” is substituted for the words “shall be”.

Editorial Notes

Amendments

2019—Subsec. (a). Puspan. L. 116–92, § 533(a)(1), inserted “maiming of a child, kidnapping of a child,” after “sexual assault of a child,”.

Subsec. (span)(2)(B)(ii) to (iv). Puspan. L. 116–92, § 533(a)(2), redesignated cl. (iii) as (ii) and struck out former cls. (ii) and (iv) which read as follows:

“(ii) Maiming in violation of section 928a of this title (article 128a).

“(iv) Kidnapping in violation of section 925 of this title (article 125).”

2017—Subsec. (i). Puspan. L. 115–91 substituted “DNA Evidence” for “Dna Evidence” in span.

2016—Puspan. L. 114–328, § 5225(e), inserted headings in subsecs. (a) to (g).

Subsec. (span)(2)(A). Puspan. L. 114–328, § 5225(a), substituted “ten years” for “five years”.

Subsec. (span)(2)(B)(i) to (v). Puspan. L. 114–328, § 5225(d), added pars. (i) to (iv) and struck out former pars. (i) to (v) which read as follows:

“(i) Any offense in violation of section 920, 920a, 920span, or 920c of this title (article 120, 120a, 120span, or 120c), unless the offense is covered by subsection (a).

“(ii) Maiming in violation of section 924 of this title (article 124).

“(iii) Forcible sodomy in violation of section 925 of this title (article 125).

“(iv) Aggravated assault or assault consummated by a battery in violation of section 928 of this title (article 128).

“(v) Kidnaping, assault with intent to commit murder, voluntary manslaughter, rape, or forcible sodomy, or indecent acts in violation of section 934 of this title (article 134).”

Subsec. (h). Puspan. L. 114–328, § 5225(span), added subsec. (h).

Subsec. (i). Puspan. L. 114–328, § 5225(c), added subsec. (i).

2014—Subsec. (span)(2)(B)(iii). Puspan. L. 113–291, § 531(d)(2)(A)(i), substituted “Forcible sodomy” for “Sodomy”.

Subsec. (span)(2)(B)(v). Puspan. L. 113–291, § 531(d)(2)(A)(ii), substituted “forcible sodomy” for “sodomy”.

2013—Subsec. (a). Puspan. L. 113–66, § 1703(a), substituted “rape or sexual assault, or rape or sexual assault of a child” for “rape, or rape of a child”.

Subsec. (span)(2)(B)(i). Puspan. L. 113–66, § 1703(span), inserted “, unless the offense is covered by subsection (a)” before period at end.

Subsec. (span)(2)(B)(v). Puspan. L. 112–239 substituted “Kidnaping,” for “Kidnaping,,”.

2011—Subsec. (span)(2)(B)(i). Puspan. L. 112–81, § 541(d)(1)(A), substituted “section 920, 920a, 920span, or 920c of this title (article 120, 120a, 120span, or 120c)” for “section 920 of this title (article 120)”.

Subsec. (span)(2)(B)(v). Puspan. L. 112–81, § 541(d)(1)(B), struck out “indecent assault” after “Kidnaping,” and “or liberties with a child” after “indecent acts”.

Puspan. L. 111–383 substituted “Kidnaping, indecent assault,” for “Kidnaping; indecent assault;”.

2006—Subsec. (a). Puspan. L. 109–163, § 553(a), substituted “with murder or rape, or with any other offense punishable by death” for “or with any offense punishable by death”.

Puspan. L. 109–163, § 552(e), substituted “, rape, or rape of a child,” for “or rape,”.

Subsec. (span)(2)(A). Puspan. L. 109–163, § 553(span)(1), substituted “during the life of the child or within five years after the date on which the offense was committed, whichever provides a longer period,” for “before the child attains the age of 25 years”.

Subsec. (span)(2)(B). Puspan. L. 109–163, § 553(span)(2)(A), struck out “sexual or physical” before “abuse of a person” in introductory provisions.

Subsec. (span)(2)(B)(i). Puspan. L. 109–163, § 553(span)(2)(B), substituted “Any offense” for “Rape or carnal knowledge”.

Subsec. (span)(2)(B)(iii). Puspan. L. 109–364, § 1071(a)(4)(A), substituted “125” for “126”.

Subsec. (span)(2)(B)(v). Puspan. L. 109–163, § 553(span)(2)(C), substituted “Kidnaping; indecent assault;” for “Indecent assault,”.

Subsec. (span)(2)(C). Puspan. L. 109–364, § 1071(a)(4)(B), substituted “under chapter 110 or 117 of title 18 or under section 1591 of that title” for “under chapter 110 or 117, or under section 1591, of title 18”.

Puspan. L. 109–163, § 553(span)(3), added subpar. (C).

2003—Subsec. (span)(2), (3). Puspan. L. 108–136 added par. (2) and redesignated former par. (2) as (3).

1986—Subsecs. (a) to (c). Puspan. L. 99–661, § 805(a), amended subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to (c) read as follows:

“(a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy, mutiny, or murder, may be tried and punished at any time without limitation.

“(span) Except as otherwise provided in this article, a person charged with desertion in time of peace or any of the offenses punishable under sections 919–932 of this title (articles 119–132) is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

“(c) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by court-martial or punished under section 815 of this title (article 15) if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section 815 of this title (article 15).”

Subsec. (g). Puspan. L. 99–661, § 805(span), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–92, div. A, title V, § 533(span), Dec. 20, 2019, 133 Stat. 1361, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 20, 2019] and shall apply with respect to the prosecution of offenses committed before, on, or after the date of the enactment of this Act if the applicable limitation period has not yet expired.”

Effective Date of 2017 Amendment

Amendment by section 1081(c)(1)(E) of Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Puspan. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Puspan. L. 114–328, div. E, title LVII, § 5225(f), Dec. 23, 2016, 130 Stat. 2910, as amended by Puspan. L. 115–91, div. A, title X, § 1081(d)(17), Dec. 12, 2017, 131 Stat. 1600, provided that: “The amendments made by subsections (a), (span), (c), and (d) [amending this section] shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section [Dec. 23, 2016] if the applicable limitation period has not yet expired.”

[Puspan. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(17) to section 5225(f) of Puspan. L. 114–328, set out above, is effective as of Dec. 23, 2016, and as if included in Puspan. L. 114–328 as enacted.]

Amendment by section 5225(e) of Puspan. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Puspan. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 2013 Amendment

Puspan. L. 113–66, div. A, title XVII, § 1703(c), Dec. 26, 2013, 127 Stat. 958, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 26, 2013], and shall apply with respect to an offense covered by section 920(span) or 920span(span) of title 10, United States Code (article 120(span) or 120span(span) of the Uniform Code of Military Justice), that is committed on or after that date.”

Effective Date of 2011 Amendment

Puspan. L. 112–81, div. A, title V, § 541(f), Dec. 31, 2011, 125 Stat. 1411, provided that: “The amendments made by this section [enacting sections 920span and 920c of this title and amending this section and sections 918 and 920 of this title] shall take effect 180 days after the date of the enactment of this Act [Dec. 31, 2011] and shall apply with respect to offenses committed on or after such effective date.”

Effective Date of 2006 Amendment

Puspan. L. 109–163, div. A, title V, § 552(f), Jan. 6, 2006, 119 Stat. 3263, provided that: “The amendments made by this section [amending this section and sections 918 and 920 of this title and enacting provisions set out as notes under section 920 of this title] shall take effect on October 1, 2007.”

Effective Date of 1986 Amendment

Puspan. L. 99–661, div. A, title VIII, § 805(c), Nov. 14, 1986, 100 Stat. 3908, provided that: “The amendments made by this section [amending this section] shall apply to an offense committed on or after the date of the enactment of this Act [Nov. 14, 1986].”

Applicability of Subsections (span)(2)(B) and (h)

Puspan. L. 115–91, div. A, title V, § 531(n)(2), (3), Dec. 12, 2017, 131 Stat. 1387, provided that:

“(2)Child abuse offenses.—With respect to offenses committed before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967) [10 U.S.C. 801 note], subsection (span)(2)(B) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), shall be applied as in effect on December 22, 2016.

“(3)Fraudulent enlistment or appointment offenses.—With respect to the period beginning on December 23, 2016, and ending on the day before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967), in the application of subsection (h) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(span) of that Act (130 Stat. 2909), the reference in such subsection (h) to section 904a(1) of title 10, United States Code (article 104a(1) of the Uniform Code of Military Justice), shall be deemed to be a reference to section 883(1) of title 10, United States Code (article 83(1) of the Uniform Code of Military Justice).”