Title 31

Any person subject to this code who, without proper authority does any of the following regarding any military property of the United States or of any state, shall be punished as a court-martial may direct: (1) Sells or otherwise disposes of. (2) Willfully or through neglect dama…

Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct. (Act 2012-334, §1.…

(a) If a person subject to this code is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility. (b) No person authorized to receive prisoners pursuant to subsection (a) may refuse to receive or keep any prisoner committed to t…

Any person subject to this code, other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct. (Act 2012-334, §1.)

Any sentinel or lookout who is found drunk or sleeping upon his or her post, or leaves it before being regularly relieved, shall be punished as a court-martial may direct. (Act 2012-334, §1.)

Any person subject to this code who for the purpose of avoiding work, duty, or service does either of the following shall be punished as a court-martial may direct: (1) Feigns illness, physical disablement, mental lapse, or derangement. (2) Intentionally inflicts self-injury. (Ac…

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. (Act 2012-334, §1.)

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct. (Act 2012-334, §1.)

No member of the Alabama National Guard may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the Armed Forces. This section does not preclude an Alabama National Guard service member from being confined in a state, c…

(a) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind: (1) With intent permanently to deprive or defraud another person o…

Any person subject to this code who, with intent to defraud does either of the following is guilty of forgery and shall be punished as a court-martial may direct: (1) Falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose…

(a) Any person subject to this code who, for the procurement of any article or thing of value, with intent to defraud, or for the payment of any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check, draft, or order for…

Any person subject to this code who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct. (Act 2012-334, §1.)

(a) Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct. (b) Any person subject to …

No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumst…

Any individual subject to this code is guilty of criminal trespass and shall be punished as a court-martial may direct if he or she is convicted of either of the following: (1) Knowingly enters or remains unlawfully in a building or upon real property that is fenced or enclosed i…

Any person subject to this code who in a judicial proceeding or in a course of justice willfully and corruptly does either of the following is guilty of perjury and shall be punished as a court-martial may direct: (1) Upon a lawful oath or in any form allowed by law to be substit…

Any person subject to this code who does any of the following shall, upon conviction, be punished as a court-martial may direct: (1) Knowing it to be false or fraudulent, makes any claim against the United States, the state, or any officer thereof. (2) For the purpose of obtainin…

Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. (Act 2012-334, §1.)

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and …

(a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry. (b) A court of inquiry consists of three or mor…

(a) The following individuals may administer oaths for the purposes of military administration, including military justice: (1) All judge advocates. (2) All summary courts-martial. (3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants. (4) All other in…

(a)(1) The articles of this code shall be carefully explained to each enlisted member at the time, or within one year after, the member joins the Alabama National Guard. (2) Such articles shall be explained again: a. After the member has completed basic or recruit training. b. At…

Any member of the Alabama National Guard who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the office…

A person subject to this code accused of an offense against civil authority is also subject to the Interstate Agreement on Detainers Act, 18 U.S.C. Appendix 2. (Act 2012-334, p. 790, §1.)

The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by Section 31-2A-22 (Article 22). (Act 2012-334, p. 790, §1.)

All persons acting within their official capacity under the provisions of this code shall be immune from any civil liability to the same extent as judicial officers within the State of Alabama Unified Judicial System. (Act 2012-334, p. 790, §1.)

The provisions of this code are hereby declared to be severable and if any provision of this code or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of thi…

This act may be cited as the Alabama Code of Military Justice (ACMJ). (Act 2012-334, p. 790, §1.)

To the extent not inconsistent with existing law, nothing in this code affects the remainder of Chapter 2 of this title or the Constitution of Alabama of 1901. (Act 2012-334, p. 790, §1.)

(a) Under such regulations as prescribed, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this article. The Governor, the Adjutant General, or an officer in a general or flag rank in command may…

The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of either of the following: a. A military judge and not less than five members. b. Only a military judge, if before the court is assembled the accused, knowing the identity …

Each component of the Alabama National Guard has court-martial jurisdiction over all members of the particular component who are subject to this code. The Adjutant General maintains court-martial convening authority over members of either component subject to this code. (Act 2012…

Subject to Section 31-2A-17 (Article 17), general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and, under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code. (…

Subject to Section 31-2A-17 (Article 17), special courts-martial have jurisdiction to try individuals subject to this code for military-specific offenses made punishable by this code, and under such limitations as the Governor may prescribe, may adjudge any punishment not forbidd…

(a) This code applies to all members of the state military forces at all times and in all places. (b) Subject matter jurisdiction is established if a clear and convincing nexus exists between an offense, either military or non-military, and the state military force. When a member…

(a) Subject to Section 31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the Governor may prescribe. (b) …

(a) General courts-martial may be convened by any one of the following: (1) The Governor. (2) The Adjutant General. (3) Any general officer serving in the Alabama Army or Air National Guard. (b) If any commanding officer is an accuser, the court shall be convened by superior comp…

(a) Special courts-martial may be convened by any one of the following: (1) Any person who may convene a general court-martial. (2) The commanding officer of a brigade, regiment, a group, or a corresponding unit of the Army. (3) The commanding officer of a wing, group, or corresp…

(a) Summary courts-martial may be convened by any one of the following: (1) Any person who may convene a general or special courts-martial. (2) The commanding officer of a battalion, or corresponding unit of the Army. (3) The commanding officer of a detached squadron or other det…

(a) Any commissioned officer of the Alabama National Guard is eligible to serve on all courts-martial for the trial of any person subject to this code. (b) Any warrant officer of the Alabama National Guard is eligible to serve on general and special courts-martial for the trial o…

(a) A military judge shall be detailed to each general court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (b) A military judge shall be all of the following: (1) An active or retired commissio…

(a) A military judge shall be detailed to each special court-martial. The military judge shall preside over each open session of the special court-martial to which the military judge has been detailed. (b) A military judge shall be both of the following: (1) A judge advocate who …

(a)(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. The Alabama National Guard shall prescribe regulations providing the manner in which counsel are detailed for such court-martial and for persons who are authorized to detail cou…

Under such regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ inte…

(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order o…