§ 802. Art. 2. Persons subject to this chapter

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(a)The following persons are subject to this chapter:

(1)Members of a regular component of the armed forces, and members of the Space Force on active duty under section 20105 of this title, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.

(2)Cadets, aviation cadets, and midshipmen.

(A)While on inactive-duty training and during any of the periods specified in subparagraph (B)—

(i)members of a reserve component or the Space Force; and

(ii)members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.

(B)The periods referred to in subparagraph

(A)are the following:

(i)Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.

(ii)Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.

(iii)Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.

(4)Retired members of a regular component of the armed forces who are entitled to pay.

(5)Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.

(6)Members of the Fleet Reserve and Fleet Marine Corps Reserve.

(7)Persons in custody of the armed forces serving a sentence imposed by a court-martial.

(8)Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.

(9)Prisoners of war in custody of the armed forces.

(10)In time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field.

(11)Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(12)Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for the use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(13)Individuals belonging to one of the eight categories enumerated in Article 4 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316), who violate the law of war.

(14)Retired members of the Space Force who qualified for a regular retirement under section 20601 or 20603 of this title and are receiving retired pay.

(b)The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection

(a)and a change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.

(c)Notwithstanding any other provision of law, a person serving with an armed force who—

(1)submitted voluntarily to military authority;

(2)met the mental competency and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submission to military authority;

(3)received military pay or allowances; and

(4)performed military duties;

is subject to this chapter until such person’s active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned.

(1)A member of a reserve component or the Space Force who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntarily for the purpose of—

(A)a preliminary hearing under section 832 of this title (article 32);

(B)trial by court-martial; or

(C)nonjudicial punishment under section 815 of this title (article 15).

(2)A member of a reserve component or the Space Force may not be ordered to active duty under paragraph

(1)except with respect to an offense committed while the member was—

(A)on active duty; or

(B)on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.

(3)Authority to order a member to active duty under paragraph

(1)shall be exercised under regulations prescribed by the President.

(4)A member may be ordered to active duty under paragraph

(1)only by a person empowered to convene general courts-martial in a regular component of the armed forces or the Space Force.

(5)A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not—

(A)be sentenced to confinement; or

(B)be required to serve a punishment consisting of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)).

(e)The provisions of this section are subject to section 876b(d)(2) of this title (article 76b(d)(2)).

(Aug. 10, 1956, ch. 1041, 70A Stat. 37; Pub. L. 86–70, § 6(b), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, § 4(b), July 12, 1960, 74 Stat. 411; Pub. L. 87–651, title I, § 104, Sept. 7, 1962, 76 Stat. 508; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–107, title VIII, § 801(a), Nov. 9, 1979, 93 Stat. 810; Pub. L. 96–513, title V, § 511(24), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 98–209, § 13(a), Dec. 6, 1983, 97 Stat. 1408; Pub. L. 99–661, div. A, title VIII, § 804(a), Nov. 14, 1986, 100 Stat. 3906;

Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104–106, div. A, title XI, § 1133(b), Feb. 10, 1996, 110 Stat. 466; Pub. L. 109–364, div. A, title V, § 552, Oct. 17, 2006, 120 Stat. 2217; Pub. L. 109–366, § 4(a)(1), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 111–84, div. A, title XVIII, § 1803(a)(1), Oct. 28, 2009, 123 Stat. 2612; Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(A), Dec. 26, 2013, 127 Stat. 957; Pub. L. 114–328, div. E, title LI, § 5102, Dec. 23, 2016, 130 Stat. 2894;

Pub. L. 118–31, div. A, title XVII, § 1722(f)(1), Dec. 22, 2023, 137 Stat. 671; Pub. L. 118–159, div. A, title V, § 561, Dec. 23, 2024, 138 Stat. 1903.)

In clause (1), the words “Members of” are substituted for the words “All persons belonging to”. The words “all” and “the same” are omitted as surplusage. The word “when” is inserted after the word “dates”.

In clauses

(1)and (8), the words “of the United States” are omitted as surplusage.

In clause (3), the words “Members of a reserve component” are substituted for the words “Reserve personnel”. The word “orders” in the last clause is omitted as surplusage.

In clause (4), the word “receive” is omitted as surplusage.

In clauses

(4)and (5), the word “members” is substituted for the word “personnel”.

In clause (8), the word “members” is substituted for the word “personnel”.

In clauses

(11)and (12), the word “outside” is substituted for the word “without” wherever it occurs. The words “the continental limits of” are omitted, since section 101(1) of this title defines the United States to include the States and the District of Columbia. The words “the provision of”, “all”, and “territories” are omitted as surplusage.

In clause (12), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.

The Act of August 1, 1956, was enacted during the pendency of the codification bill.