10 U.S.C. § 802
Section 802 · Art. 2. Persons subject to this chapter
Current version, with additions and removals from the December 23, 2016 version.
(a) The following persons are subject to this chapter:
(a) The following persons are subject to this chapter:
(2) Cadets, aviation cadets, and midshipmen.
(2) Cadets, aviation cadets, and midshipmen.
(3)(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(3)(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(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.
(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:
(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.
(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.
(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.
(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.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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—
(c) Notwithstanding any other provision of law, a person serving with an armed force who—
(1) submitted voluntarily to military authority;
(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;
(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
(3) received military pay or allowances; and
(4) performed military duties;
(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.
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.
(A) a preliminary hearing under section 832 of this title (article 32);
(A) a preliminary hearing under section 832 of this title (article 32);
(B) trial by court-martial; or
(B) trial by court-martial; or
(C) nonjudicial punishment under section 815 of this title (article 15).
(C) nonjudicial punishment under section 815 of this title (article 15).
(A) on active duty; or
(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.
(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.
(3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President.
(5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not—
(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
(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)).
(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)).
(e) The provisions of this section are subject to section 876b(d)(2) of this title (article 76b(d)(2)).