18 USC § 3481 - Competency of accused

---
identifier: "/us/usc/t18/s3481"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 3481 - Competency of accused"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "3481"
section_name: "Competency of accused"
chapter_number: 223
chapter_name: "WITNESSES AND EVIDENCE"
part_number: "II"
part_name: "CRIMINAL PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 645, 62 Stat. 833.)"
---


# § 3481. Competency of accused

In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.

---

**Source Credit**: (June 25, 1948, ch. 645, 62 Stat. 833.)

### Historical and Revision Notes

Based on , U.S.C., 1940 ed., Judicial Code and Judiciary, and section 1200, Art. 42(a), of Title 34, Navy. (, ).

Section was rewritten without change of substance.

## Statutory Notes and Related Subsidiaries

### Short Title of 1997 Amendment

> “This Act [enacting
> 
> , amending
> 
> , and enacting provisions set out as a note under
> 
> ] may be cited as the ‘Victim Rights Clarification Act of 1997’.”

, , , provided that: