0 chapters · 600 sections in this title.
Ala. Code § 31-2A-1 (Article 1.) Definitions
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For the purposes of this code, the following words have the following meanings: (1) ACCUSER. An individual who signs and swears to charges, any individual who directs that charges nominally be signed and sworn to by another, and any other individual who has an interest other than…
Ala. Code § 31-2A-10 (Article 10.) Restraint of Persons Charged with Offenses
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Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the pe…
Ala. Code § 31-2A-100 (Article 100.) Subordinate Compelling Surrender
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-101 (Article 101.) Improper Use of Countersign
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-102 (Article 102.) Forcing a Safeguard
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-103 (Article 103.) Captured or Abandoned Property
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(a) All persons subject to this code shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. (b…
Ala. Code § 31-2A-104 (Article 104.) Aiding the Enemy
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-105 (Article 105.) Misconduct as Prisoner
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-106 (Article 106.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-106a (Article 106A.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-107 (Article 107.) False Official Statements
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Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be fals…
Ala. Code § 31-2A-108 (Article 108.) Military Property - Loss, Damage, Destruction, or Wrongful
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Disposition. 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…
Ala. Code § 31-2A-109 (Article 109.) Property Other Than Military Property - Waste, Spoilage,
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or Destruction. 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. H…
Ala. Code § 31-2A-11 (Article 11.) Place of Confinement; Reports and Receiving of Prisoners
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(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…
Ala. Code § 31-2A-110 (Article 110.) Improper Hazarding of Vessel
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-111 (Article 111.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-112 (Article 112.) Drunk on Duty
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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. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-112a (Article 112A.) Wrongful Use, Possession, Etc., of Controlled
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Substances. REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-112b (Article 112B.) Wrongful Possession, Etc., of Drug Paraphernalia
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-113 (Article 113.) Misbehavior of Sentinel
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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. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-114 (Article 114.) Dueling
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-115 (Article 115.) Malingering
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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. His…
Ala. Code § 31-2A-116 (Article 116.) Riot or Breach of Peace
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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. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-117 (Article 117.) Provoking Speeches or Gestures
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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. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-118 (Article 118.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-119 (Article 119.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-12 (Article 12.) Confinement with Enemy Prisoners Prohibited
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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…
Ala. Code § 31-2A-120 (Article 120.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-121 (Article 121.) Larceny and Wrongful Appropriation
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(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…
Ala. Code § 31-2A-122 (Article 122.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-123 (Article 123.) Forgery
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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…
Ala. Code § 31-2A-123a (Article 123A.) Making, Drawing, or Uttering Check, Draft, or Order
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Without Sufficient Funds. (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 …
Ala. Code § 31-2A-124 (Article 124.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-125 (Article 125.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-126 (Article 126.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-127 (Article 127.) Extortion
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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. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-128 (Article 128.) Assault
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(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 …
Ala. Code § 31-2A-129 (Article 129.) Reserved
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Reserved. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-13 (Article 13.) Punishment Prohibited Before Trial
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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…
Ala. Code § 31-2A-130 (Article 130.) Criminal Trespass
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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…
Ala. Code § 31-2A-131 (Article 131.) Perjury
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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…
Ala. Code § 31-2A-132 (Article 132.) Frauds Against the Government
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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…
Ala. Code § 31-2A-133 (Article 133.) Conduct Unbecoming an Officer and a Gentleman
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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. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-134 (Article 134.) General Article
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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 …
Ala. Code § 31-2A-135 (Article 135.) Courts of Inquiry
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(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…
Ala. Code § 31-2A-136 (Article 136.) Authority to Administer Oaths and to Act as Notary
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(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…
Ala. Code § 31-2A-137 (Article 137.) Articles to Be Explained
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(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…
Ala. Code § 31-2A-138 (Article 138.) Complaints of Wrongs
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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…
Ala. Code § 31-2A-139 (Article 139.) Reserved
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Reserved. History: (Act 2012-334, p. 790, §1.)
Ala. Code § 31-2A-14 (Article 14.) Delivery of Offenders to Civil Authorities
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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. History: (Act 2012-334, p. 790, §1.)