Title 26 — Military Affairs, Veterans, Disasters, and Aerospace
9 chapters · 320 sections in this title.
AS 26.05.600 Execution of confinement.
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A person must serve a sentence of confinement imposed by a court-martial, whether or not the sentence includes discharge or dismissal from the militia of the state, and whether or not the discharge or dismissal has been executed. The sentence may be carried into execution by conf…
AS 26.05.605 Error of law; lesser included offense.
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(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) A reviewing authority authorized under the code of military justice to approve or affirm a fin…
AS 26.05.610 Withdrawal of appeal.
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In a case subject to appellate review under the code of military justice, the accused may, at any time, file with the convening authority a written statement expressly withdrawing the right of the accused to the appeal. The withdrawal shall be signed by both the accused and the a…
AS 26.05.615 Appeal by the state.
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(a) In a trial by court-martial in which a punitive discharge may be imposed, the state may appeal to the Military Appeals Commission established under this chapter (1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specificat…
AS 26.05.620 Vacation of suspension.
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(a) A probationer serving a period of probation under a sentence suspended by a special court-martial that, as approved, includes a bad-conduct discharge, or a suspended general court-martial sentence, is entitled to a hearing before the suspension is vacated. The probationer sha…
AS 26.05.625 Petition for a new trial.
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At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.
AS 26.05.630 Restoration.
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(a) All rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a…
AS 26.05.635 Leave required to be taken pending review of court-martial convictions.
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In accordance with rules adopted under AS 26.05.360, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct …
AS 26.05.640 Military Appeals Commission.
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(a) The Military Appeals Commission is established in the Department of Military and Veterans' Affairs. The commission is a quasi-judicial agency. (b) The commission has (1) jurisdiction to hear appeals from courts-martial by the (A) state in accordance with AS 26.05.615; and (B)…
AS 26.05.645 Review by civilian court.
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(a) After exhausting all remedies available under the code of military justice, a party may file a petition for review in the Alaska supreme court from a final decision of the Military Appeals Commission that upholds a conviction and sentence imposed by a general or special court…
AS 26.05.650 Appellate and civilian counsel.
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(a) If the attorney general requests representation, the senior force judge advocate shall detail a judge advocate as appellate counsel to represent the state in a proceeding filed under AS 26.05.640 as civilian counsel, in a petition filed under AS 26.05.645, or as counsel befor…
AS 26.05.655 Authority to administer oaths and act as notary public.
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(a) The following persons may administer oaths for the purposes of military administration, including military justice: (1) a judge advocate; (2) a summary court-martial; (3) the adjutant general and assistant adjutant generals; (4) a commanding officer of the militia; (5) a pers…
AS 26.05.660 Delegation by the governor.
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The governor may delegate any authority vested in the governor under the code of military justice, and provide for the subdelegation of the authority, except the powers given to the governor by AS 26.05.170 and 26.05.450.
AS 26.05.665 Military justice account.
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(a) The military justice account is established in the general fund for the purpose of paying the expenses of the department in carrying out its duties relating to the code of military justice, including the fees and authorized travel expenses of witnesses, experts, victims, cour…
AS 26.05.670 Payment, collection, and deposit of fines.
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(a) A fine imposed by a military court or through the imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing process. (b) If the person on whom the fine was imposed fails to pay, the department may co…
AS 26.05.675 Pay and allowances for court-martial duty.
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For each day of duty as a member of a general court-martial, or as a witness under summons from the president or judge advocate of the court, officers and enlisted persons shall be paid as provided in AS 26.05.260(b).
AS 26.05.680 Uniformity of interpretation.
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The code of military justice shall be construed to carry out its general purpose and, so far as practicable, in a manner uniform with 10 U.S.C. 801 - 946.
AS 26.05.685 Immunity for action of military courts.
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A person acting under the code of military justice, whether as a member of the militia or as a civilian, shall be immune from any personal liability for any of the acts or omissions that the person did or failed to do as part of the person's duties under the code of military just…
AS 26.05.690 Principals.
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A member of the militia who commits an offense under this chapter, or aids, abets, counsels, commands, solicits, or procures the commission of the offense, or causes an act to be done that, if directly performed by the member, would be punishable under this chapter, is a principa…
AS 26.05.695 Accessory after the fact.
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A member of the militia who, knowing that an offense under this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment may be punished by up to one year of confinement, by separation …
AS 26.05.697 Misprision of serious offense.
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A member of the militia who (1) knows that another person has committed a serious offense, (2) wrongfully conceals the commission of the offense, and (3) fails to make the commission of the offense known to a civilian or military authority as soon as possible may be punished by u…
AS 26.05.700 Conviction of lesser included offense.
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An accused may be found guilty of an offense necessarily included in the offense charged, of an attempt to commit either the offense under this chapter charged or an offense necessarily included in the offense charged, or of an offense designated by the President of the United St…
AS 26.05.705 Attempts.
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(a) An act done with specific intent to commit an offense under this chapter that amounts to more than mere preparation and tends, even though failing, to effect its commission, is an attempt to commit the offense. (b) A member of the militia who attempts to commit an offense und…
AS 26.05.710 Conspiracy.
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A member of the militia who conspires with another person to commit an offense under this chapter may, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct, unless otherwise specifically prescribed. Howev…
AS 26.05.715 Solicitation.
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(a) A member of the militia who solicits or advises another or others to desert in violation of AS 26.05.730 or to mutiny in violation of AS 26.05.775 may, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission o…
AS 26.05.720 Fraudulent enlistment, appointment, or separation.
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A person who procures the person's own enlistment or appointment in the militia of the state by knowingly false representation or deliberate concealment as to the person's qualifications for the enlistment or appointment and receives pay or allowances under the enlistment or appo…
AS 26.05.725 Unlawful enlistment, appointment, or separation.
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A member of the militia who effects an enlistment or appointment in or a separation from the militia of the state of a person who is known to the member to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order may be p…
AS 26.05.730 Desertion.
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(a) A person is guilty of desertion if the person is a member of the militia and (1) without authority, goes or remains absent from the person's unit, organization, or place of duty with intent to remain away from the unit, organization, or place of duty permanently; (2) quits th…
AS 26.05.735 Absence without leave.
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A member of the militia who, without authority, (1) fails to go to the member's appointed place of duty at the time prescribed, (2) goes from the member's place of duty, or (3) is absent or remains absent from the member's unit, organization, or place of duty at which the member …
AS 26.05.737 False or unauthorized pass offenses.
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(a) A member of the militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card may be punished by up to one year of confinement, by separation with characterization up to disho…
AS 26.05.740 Missing movement; jumping from vessel.
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A member of the militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or unit with which the member is required, in the course of duty, to move, or (2) intentionally or wrongfully jumps into the water from a vessel in use by the armed forces may be …
AS 26.05.745 Contempt toward officials.
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(a) A commissioned officer of the militia who uses contemptuous words against the President or Vice President of the United States, the United States Congress, the United States Secretary of Defense, the United States Secretary of Homeland Security, the secretary of a military de…
AS 26.05.750 Disrespect toward superior commissioned officer.
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(a) A member of the militia who behaves with disrespect toward the member's superior commissioned officer may be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct. (b) A court-martial may not impos…
AS 26.05.755 Assaulting or wilfully disobeying superior commissioned officer.
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A member of the militia who (1) strikes the member's superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior officer while the superior officer is in the execution of the superior officer's office, or (2) wilfully disobeys a lawfu…
AS 26.05.760 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
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A warrant officer or enlisted member of the militia who (1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while the officer is in the execution of the officer's office, (2) wilfully disobeys the lawful order of a warrant officer, noncommissione…
AS 26.05.765 Failure to obey order or regulation.
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Any member of the militia who (1) violates or fails to obey a lawful general order or regulation, (2) having knowledge of any other lawful order issued by a member of the militia of the state that the member has a duty to obey, fails to obey the order, or (3) is derelict in the p…
AS 26.05.767 Impersonation of officer, noncommissioned officer, petty officer, agent, or official.
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(a) A member of the militia who wrongfully and wilfully impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of superior authority of one of the armed forces of the United States or of the militia of the state, or (3) an official of a government sh…
AS 26.05.768 Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.
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A member of the militia who wears on the member's uniform or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that the member is not authorized to wear may be punished by up to six months of confinement, by separation with characterization up to b…
AS 26.05.770 Cruelty and maltreatment.
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A member of the militia who is guilty of cruelty toward, or oppression or maltreatment of, another person subject to the member's orders may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishmen…
AS 26.05.775 Mutiny or sedition.
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(a) A member of the militia is guilty of mutiny if the member, with intent to usurp or override lawful military authority, refuses, in concert with another person, to obey orders or otherwise do the member's duty or creates violence or a disturbance. (b) A member of the militia i…
AS 26.05.780 Resistance, flight, breach of arrest, and escape.
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A member of the militia who (1) resists apprehension, (2) flees from apprehension, (3) breaks arrest, or (4) escapes from custody or confinement may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other p…
AS 26.05.785 Releasing prisoner without proper authority; drinking or using drugs with prisoner.
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(a) A member of the militia who, without proper authority, releases a prisoner committed to the member's charge or, through neglect or design, suffers a prisoner to escape may be punished by up to one year of confinement, by separation with characterization up to dishonorable dis…
AS 26.05.790 Unlawful detention.
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A member of the militia who, except as provided by law or regulation, apprehends, arrests, or confines another person may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martia…
AS 26.05.793 Wrongful interference with adverse administrative proceeding.
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A member of the militia who, having reason to believe that an adverse administrative proceeding is pending against a person subject to this chapter, wrongfully acts with the intent to influence, impede, or obstruct the conduct of the proceeding or otherwise obstruct the due admin…
AS 26.05.795 Noncompliance with procedural rules.
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A member of the militia who knowingly and intentionally (1) is responsible for unnecessary delay in the disposition of the case of another person accused of an offense under this chapter may be punished by up to six months of confinement, by separation with characterization up to…
AS 26.05.796 Wrongful refusal to testify.
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A member of the militia who, during a preliminary hearing or in the presence of a court-martial, board of officers, military commission, court of inquiry, or officer taking a deposition of or for the state, wrongfully refuses to qualify as a witness or answer a question after hav…
AS 26.05.798 Retaliation.
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A member of the militia who, with the intent to retaliate against a person for reporting or planning to report a criminal offense or for making or planning to make a protected communication, or who, with the intent to discourage any person from reporting a criminal offense or fro…
AS 26.05.800 Misbehavior before the enemy.
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(a) A member of the militia is guilty of misbehavior before the enemy if the member is before or in the presence of the enemy, or is facing a threat as described in AS 26.05.070, and (1) runs away; (2) shamefully abandons, surrenders, or delivers up a command, unit, place, or mil…
AS 26.05.805 Subordinate compelling surrender.
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A member of the militia who compels or attempts to compel the commander of the militia of this state or of any other state, of a place, a vessel, an aircraft, or another military property, or of a body of members of the armed forces to give it up to an enemy or to abandon it in t…
AS 26.05.810 Improper use of countersign.
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A member of the militia who, in time of war, or emergency as described in AS 26.05.070, discloses the parole or countersign to a person not entitled to receive it or who gives to another person who is entitled to receive and use the parole or countersign a different parole or cou…