Title 12 — Law Enforcement, Emergency Management, and Military Affairs

(a) Punishment by flogging or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. (b) The use of irons, single or double, except for the purpose of sa…

The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.

(a) A dishonorable discharge, bad conduct discharge, or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made. (b) No sentence of dismissal or dishonorable discharge may be executed until it i…

(a) (1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the co…

(a) Except as otherwise provided, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by the convening authority in accordance with rules prescribed by the Governor. (b) The convening authority shall approve the sentence or…

(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes a 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) In the organized militia not in federal service, the processes and sentences of its courts-martial when issued may be executed by the civil officers prescribed by the laws of the state. (b) When the sentence of a court-martial adjudges confinement and the reviewing authority …

A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when he or she is brought under the jurisdiction of the United States Uniform Code of Military Justice…

(a) Fines may be paid to a military court or to an officer executing its process. (b) (1) The amount of a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine i…

(a) (1) When a fine or forfeiture is delinquent for a period of ninety (90) days or more, the Department of the Military shall have a cause of action against the person and property liable for the delinquent portion of the fine or forfeiture, costs of collection, penalties, and i…

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

The convening authority shall refer the record of each general court-martial to the State Judge Advocate, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specification…

(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (b) (1) Where the…

(a) If the convening authority is the Governor, his or her action on the review of any record of trial is final. (b) (1) In all cases not convened by the Governor, if the sentence approved by the convening authority includes a dishonorable discharge, bad-conduct discharge, or dis…

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines sh…

(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) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or…

(a) (1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.(2) In such a case he or she shall state the reasons for disapprov…

(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordanc…

(a) (1) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the a…

(1) The accused has the right to be represented during a review of records under this subchapter by:(1) Civilian counsel if provided by the accused;(2) Military counsel of the accused's own selection if reasonably available; or(3) The defense counsel detailed under this code. (1)…

(a) The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required herein, are final and conclusiv…

At any time within two (2) years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the c…

(a) Under such rules as the Governor may prescribe, 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 …

(a) (1) (A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to:(i) The Supreme Court; or(ii) If the rules of the Supreme Court pr…

A person shall not be tried or punished for any offense provided for in this code unless the offense was committed while in a duty status or in conjunction with a fraudulent or unlawful enlistment or appointment.

(1) Any person subject to this code is a principal, if he or she:(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or(2) Causes an act to be done which if directly performed by him or her, would be punishable by this c…

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her 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 therein.

(a) An act, done with specific intent to commit an offense under this code, 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 subject to this code who attempts to commit any offe…

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one (1) or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

(a) Any person subject to this code shall be punished as a court-martial may direct if with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would:(1) Constitut…

(a) Any person shall be punished as a court-martial may direct if he or she:(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointmen…

(a) Any member of the organized militia is guilty of desertion if he or she:(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;(2) Quits his or her unit, organization, or place of duty…

(1) Any person subject to this code shall be punished as a court-martial may direct if he or she, without authority:(1) Fails to go to his or her appointed place of duty at the time prescribed;(2) Goes from that place; or(3) Absents himself or herself or remains absent from his o…

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

Any person subject to this code who uses contemptuous words against the President, the Governor, the General Assembly, or the governor or legislature of any state, territory, commonwealth, or possession wherein that person may be serving shall be punished as a court-martial may d…

Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct.

(1) A person subject to this code shall be punished as a court-martial may direct if he or she unlawfully and with force or violence:(1) Attempts to do bodily harm to another person;(2) Offers to do bodily harm to another person; or(3) Does bodily harm to another person. (1) Atte…

(1) Any person subject to this code shall be punished as a court-martial may direct if he or she:(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office…

(1) Any enlisted member shall be punished as a court-martial may direct if he or she:(1) Strikes or assaults a noncommissioned officer while that noncommissioned officer is in the execution of his or her office;(2) Willfully disobeys the lawful order of a noncommissioned officer;…

(1) Any person subject to this code shall be punished as a court-martial may direct if he or she:(1) (A) Violates or fails to obey any lawful order or rule. A lawful order or rule is a written, electronic, nonverbal, or oral communication by a member of the United States Armed Fo…

Any person subject to this code who is guilty of cruelty toward or oppression or maltreatment of any person subject to his or her orders shall be punished as a court-martial may direct.

(a) (1) Any person subject to this code is guilty of mutiny if he or she, with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance.(2) Any person sub…

A person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint, custody, or confinement lawfully imposed shall be punished as a court-martial may direct.

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

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

(1) Any person subject to this code shall be punished as a court-martial may direct if he or she:(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or(2) Knowingly and intentionally fails to enforce or comply…

(1) Any person subject to this code shall be punished as a court-martial may direct if he or she, before or in the presence of the enemy:(1) Runs away;(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to…

Any person subject to this code who compels or attempts to compel the commander of any force of the organized militia of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be…

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her …