Title 26 — Military Affairs and Emergency Management

A court-martial shall announce its findings and sentence to the parties as soon as they are determined.

A. Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disabili…

A. Unless otherwise provided in rules prescribed by the adjutant general, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable or bad conduct discharge, confinement or hard labor without conf…

The punishment which a court-martial may direct for an offense shall not exceed the limits the governor prescribes for the offense.

A. A forfeiture shall not extend to any pay or allowances accrued before the date on which the sentence is approved by a person acting under section 26-1060. B. Any period of confinement included in a sentence of a court-martial begins to run from the date ordered by the court-ma…

A. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of a…

A. A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. B. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or…

A. After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action on the record may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or the gov…

The accused may withdraw an appeal at any time.

A. In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the state may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification or which excludes evidence…

Each rehearing under this chapter shall take place before a court-martial composed of members who are not members of the court-martial which first heard the case. On a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-marti…

A. Each case in which there has been a finding of guilty that is not reviewed under section 26-1067 shall be reviewed by a judge advocate under rules of the adjutant general. A judge advocate shall not review a case under this subsection if he has acted in the same case as an acc…

Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as the adjutant general prescribes by rule.

A. The Arizona court of military appeals is established and is located for administrative purposes only in the department of emergency and military affairs. The court shall consist of five judges appointed by the governor on the recommendation of the adjutant general with the adv…

A. The trial counsel and defense counsel of courts-martial shall serve in the capacity of appellate counsel on an appeal authorized by this chapter. B. The accused may be represented by civilian counsel at his own expense. If the defense or trial counsel is unable to perform his …

The convening authority or other person acting on the case under section 26-1060 may suspend the execution of any sentence or part of a sentence.

A. Before the vacation of the suspension of a special court-martial sentence which includes a bad conduct discharge or a dishonorable discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a heari…

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before the Ari…

A. The convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the governor. B. For good cause, the adjutant general may substitute an administrative form of discha…

A. Under such rules as the governor adopts, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordere…

A. The appellate review of records of trial provided by this chapter, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed as required by this chapter and all dismissals and discharges carried into execution under sentences by courts-martial…

Any person who is punishable under this chapter and commits an offense or who aids, abets, counsels, commands or procures its commission or who causes an act to be done which if directly performed by him would be punishable by this chapter is a principal.

Any person who is subject to this chapter and who, knowing that an offense punishable by this chapter has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct…

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the charge.

A. An act done with specific intent to commit an offense under this chapter and amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense. B. Any person who is subject to this chapter and who attempts t…

Any person who is subject to this chapter and conspires with any other person to commit an offense under this chapter, if one or more of the conspirators does an act to effect the object of the conspiracy, shall be punished as a court-martial may direct.

A. Any person who is subject to this chapter and who solicits or advises another or others to desert in violation of section 26-1085 or mutiny in violation of section 26-1094, if the offense solicited or advised is attempted or committed, shall be punished with the punishment pro…

Any person who procures his own enlistment or appointment in the national guard by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances or procures his own separation from the national g…

Any person who is subject to this chapter and who effects an enlistment or appointment in or a separation from the national guard of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, rule or order shall…

A. Any member of the national guard who without authority goes or remains absent from his unit, organization or place of duty with intent to remain away permanently, quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service or…

Any member of the national guard who, without authority, fails to go to his appointed place of duty at the time prescribed, goes from that place or absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed …

Any person who is subject to this chapter and who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

Any commissioned officer who uses contemptuous words against the president of the United States, Congress, the governor or the legislature, or the governor or legislature of any state, territory, commonwealth or possession in which he is on duty or present, shall be punished as a…

Any person who is subject to this chapter and who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

Any person who is subject to this chapter and who strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office or willfully disobeys a lawful command of his superior commissioned officer sh…

Any warrant officer or enlisted member who strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office, willfully disobeys the lawful order of a warrant officer or noncommissioned officer or treats with contempt or is disr…

Any person who is subject to this chapter and who violates or fails to obey any lawful general order or rule having knowledge of any other lawful order issued by a member of the national guard, which it is his duty to obey, fails to obey the order or is derelict in the performanc…

Any person who is subject to this chapter and who commits cruelty toward, or oppression or maltreatment of, any person who is subject to his orders shall be punished as a court-martial may direct.

A. Any person who is subject to this chapter and who: 1. With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny. 2. With intent to ca…

Any person who is subject to this chapter and who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct.

Any person who is subject to this chapter and who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design allows any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was commit…

Any person who is subject to this chapter and who, except as provided by law, apprehends, arrests or confines any person shall be punished as a court-martial may direct.

Any person who is subject to this chapter and who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter or knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the p…

A. Any person who is subject to this chapter and who in time of public danger does any of the following shall be punished as a court-martial may direct: 1. Runs away. 2. Shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his d…

A. All persons who are subject to this chapter shall secure all public property taken for the service of this 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. Any person …

Any person who is subject to this chapter and who, with intent to deceive, signs any false record, return, rule, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may …

Any person who is subject to this chapter and who, without proper authority, sells or otherwise disposes of, willfully or through neglect damages, destroys or loses or willfully or though neglect suffers to be lost, damaged, sold or wrongfully disposed of any military property of…

Any person who is subject to this chapter and who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States, this state or any other state shall be punished as a court-martial ma…

A. Any person who is subject to this chapter and who willfully and wrongfully hazards or allows to be hazarded any vessel or aircraft of the armed forces of the United States, of this state or of any other state shall suffer such punishment as a court-martial may direct. B. Any p…

Any person who is subject to this chapter and who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial may direct.