Title 38 — Title 38

Any person subject to this article who forces a safeguard shall be punished as a court-martial may direct. History. — Code 1981, § 38-2-1102, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

(a) All persons subject to this article shall secure all public property taken for the service of the United States or this state or another state and shall give notice and turn over to the proper authority without 496 38-2-1105 delay all captured or abandoned property in their p…

Any person subject to this article shall be punished as a court-martial may direct who: (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) Without proper authority, knowingly harbors or protects or gives intelligence to, or com…

Code of military justice. Credit for time under arrest against sentence, §38-2-1013. Enemy prisoners. Members not to be confined with enemy prisoners, §38-2-1012. Places of confinement, §38-2-1011. 778 INDEX PRISONS AND PRISONERS —Cont’d Code of military justice —Cont’d Punishment …

History. — Code 1981, § 38-2-1106, enacted by Ga. L. 2015, p. 753, § 1/HB 98. 38-2-1107. Signing false official document; making false official statement. Any person subject to this article who, with intent to deceive, signs any false record, return, regulation, order, or other o…

Feigned illness, §38-2-1115. Fighting words, §38-2-1117. Flight from apprehension, §38-2-1095. Flying under the influence, §38-2-1111. Forcing a safeguard, §38-2-1102. Fraudulent enlistment, appointment or separation, §38-2-1083. Fraudulent or false claims against government, §38-…

Property, nonmilitary. Injuries to private property. Complaints, §38-2-1139. CODE OF MILITARY JUSTICE —Cont’d Property, nonmilitary —Cont’d Injuries to private property —Cont’d Damages, §38-2-1139. Waste, spoilage or destruction, §38-2-1109. Provoking words or gestures, §38-2-111…

Any person subject to this article who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully takes, sells, destroys, or damages any property of another other than military property of the 498 38-2-1111 United States or of another state shall be punished as…

(a) Any person subject to this article who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any organized militia shall be punished as a court-martial may direct. (b) Any person subject to this article who negligent…

Willful or negligent hazarding of vessel, §38-2-1110. Missing movement of ship, unit, etc., §38-2-1087. SEDITION AND SUBVERSIVE ACTIVITIES. Code of military justice, §38-2-1094. Solicitation of desertion, mutiny, misbehavior before the enemy or sedition, §38-2-1082. SIGNATURES. C…

Any person subject to this article, other than a sentinel or lookout, who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her mental or physical faculties on duty shall be punished as a court-martial may direct. History. — Code…

Militia. Free passage through tollgates, tunnels, etc., while under orders, §38-2-273. HOMELAND SECURITY BOARD, §§38-3-40 to 38-3-42. HOMELAND SECURITY, GEORGIA. Emergency management and homeland security generally, §§38-3-1 to 38-3-171. 739 INDEX I HONOR GUARDS FOR VETERANS’ FUN…

Any sentinel or lookout who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her mental or physical faculties or sleeping upon his or her post or leaves it before being regularly relieved shall be punished, if the offense is com…

History. — Code 1981, § 38-2-1114, enacted by Ga. L. 2015, p. 753, § 1/HB 98. 38-2-1115. Malingering; feigning illness; self-infliction of injury.

Any person subject to this article shall be punished as a court-martial may direct who for the purpose of avoiding work, duty, or service: (1) Feigns illness, physical disablement, mental lapse, or derangement; or (2) Intentionally inflicts self-injury. History. — Code 1981, § 38-…

Any person subject to this article who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. History. — Code 1981, § 38-2-1116, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Any person subject to this article who uses provoking or reproachful words or gestures toward any other person subject to this article shall be punished as a court-martial may direct. History. — Code 1981, § 38-2-1117, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Governor as militia commander in chief, §38-2-110. 767 INDEX MILITIA —Cont’d Commander in chief and staff —Cont’d Issuance of regulations, §38-2-110. Length of service. Personal aides-de-camp, §§38-2-111, 38-2-112. Naval advisor and aide-de-camp, §38-2-112. Personal aides-de-camp…

Any person subject to this article is guilty of perjury and shall be punished as a court-martial may direct who in a judicial proceeding or in a course of justice willfully and corruptly: (1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives an…

Any person subject to this article shall, upon conviction, be punished as a court-martial may direct: (1) Who, knowing it to be false or fraudulent: (A) Makes any claim against the United States, this state, or any officer thereof; or 502 38-2-1133 (B) Presents to any person in t…

President, Congress, etc, contempt toward officials, §38-2-1088. Courts-martial. Eligibility to serve, §38-2-1025. Desertion, §38-2-1085. Disrespect toward superior officer, §38-2-1089. Nonjudicial punishments imposed by commanding officers, §38-2-1015. Compelling surrender, §38-…

Judicial emergencies. Deadlines or other time schedules or filing requirements. Authorization to suspend, toll, extend or otherwise grant relief from, §38-3-62. Court-martial offenses. Punitive provisions generally, §§38-2-1077 to 38-2-1134. 718 INDEX CRIMINAL LAW AND PROCEDURE —C…

(a) Courts of inquiry to investigate any matter of concern to the organized militia 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 shall consist of three or mo…

Record of proceedings, §38-2-1135. Witnesses, §38-2-1135. Cowardice, §38-2-1099. Cruel and unusual punishment. Prohibition, §38-2-1055. Cruelty and maltreatment of persons subject to orders, §38-2-1093. Death sentence.

(a) Military judges may appoint and, at any time, remove one or more marshals who shall execute any process, mandate, or order issued by the judge and shall perform all acts and duties by this chapter imposed on or authorized to be performed by any sheriff as defined in Code Secti…

(a)(1) The Code sections specified in paragraph (3) of this subsection shall be carefully explained to each enlisted member at the time of, or within 90 days after, the member’s initial entrance into a duty status with the organized militia. (2) Such articles as provided for by pa…

Any member of the organized militia 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 the assistant adjutant general for army, the assistant adjutant general for air, or the…

(a) The adjutant general, assistant adjutant general for army, or assistant adjutant general for air may issue to any member under his or her authority a state administrative letter of reprimand. (b) A state administrative letter of reprimand shall not be filed in the member’s fed…

Except as provided in Code Section 38-2-1022, the Governor may delegate any authority vested in the Governor under this article and provide for the subdelegation of any such authority. History. — Code 1981, § 38-2-1140, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2016, p. 8…

(a) Fines collected as a result of being found in contempt shall be collected in the following manner: (1) By cash or money order; (2) By retention of any pay or allowances due or to become due to the person fined from another state or the United States; or (3) By garnishment or l…

This article shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, Chapter 47 of Title 10 of the United States Code. 509 38-2-1143 MILITARY, EMERG. & VET. AFFAIRS 38-2-1145 History. — Code 19…

All persons acting under the provisions of this article, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions which they did or failed to do as part of their duties under this article. History. — Code 1…

Code of military justice, §38-2-1099. CRIMINAL BACKGROUND CHECKS. Department of behavioral health and developmental disabilities. Persons considered for employment position requiring direct care, treatment, custodial responsibilities. Authority to receive conviction data, §37-1-2…

Closing places where firearms and ammunition sold, etc., §38-2-301. Dispersion of mob. Duty of citizens to disperse when shot fired or missile thrown, §38-2-304. Youth opportunity training programs. Use in, §38-2-10. MILLS. Child labor. Employment generally, §39-2-1. MINORS. Age of…

Composition, §38-2-130. Military division, §38-2-131. Creation, §38-2-130. Executive head, §38-2-130. Military division, §38-2-131. Military division authorized, §38-2-131. State personnel board, status of military division employees under rules of board, §38-2-132. Draftees. Mem…

There shall be within the Department of Defense, as a division thereof, a state military agency which shall be styled and known as the ‘‘Military Division, Department of Defense’’ with the adjutant general as the executive head thereof. History. — Ga. L. 1951, p. 311, § 7; Ga. L.…

General provisions, §§38-2-1000 to 38-2-1145. Personnel.

There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing such person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of…

Governor, §38-2-110. COMPUTERS AND OTHER ELECTRONIC DEVICES. Online or Internet safety for minors, §§39-5-1 to 39-5-4. State departments and agencies. Cyber attacks and data breaches, sharing and reporting, §38-3-22.2. COMPUTER SECURITY. Military affairs. Memorandum of agreement …

Code of military justice. Generally, §§38-2-1000 to 38-2-1145. Compensation, §38-2-150. Department of defense. Administration of militia and department of defense, §38-2-132. Executive head, §§38-2-130, 38-2-131. Military division, §38-2-131.

Adjutant general — Duties; records; seal; effect of seal on documentary evidence. Assistant adjutants general; eligibility; appointment; duties; compensation; tenure. State property and fiscal officer; appointment; duties; reports; bonds; compensation. PART 4 APPROPRIATIONS, FINANC…

Appropriations of money or property by counties or municipal corporations, §38-2-177. 766 INDEX MILITIA —Cont’d Appropriations —Cont’d Transfer of funds. Emergency transfers, §38-2-172. Use of military funds, §38-2-170. Armories and other facilities. Construction, §38-2-191. Cont…

Improvements, §38-2-177. Local military units. Appropriations of money or property by counties or municipal corporations, §38-2-176. Military fund. Creation, §38-2-170. Money or property by counties or municipal corporations. Appropriations for local military units, §38-2-176. Ap…

When there is no state appropriation or funds available for the purpose of paying the expenses incident to carrying out the provisions of this chapter having reference to repelling an invasion, suppressing an insurrection, or defending the state in time of war, as authorized by A…

The Governor, in his discretion, may accept donations of money and property, both real and personal, to be used for military purposes by the organized militia under such conditions as the donor may designate. History. — Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1410; Ga. L. 1951,…

Funds used in event of invasion, §38-2-172. Gifts acceptable, §38-2-177.

Organized militia, §38-2-174. Authority to borrow money, §38-2-173. Borrowing money authorized, §38-2-173. Emergency transfer of funds, §38-2-172. Federal appropriations, property and equipment. Authorization to obtain federal aid, §38-2-175. Obtainment authorized, §38-2-175.

As used in this part, the term: (1) ‘‘Armory’’ means any building, buildings, aircraft hangars, offices, quarters, or other facilities and real property provided for and devoted to the training and housing of the organized militia. (2) ‘‘Maintenance facilities’’ means shops, cent…

The equipping and maintenance of facilities defined in Code Section 38-2-190 shall be from funds appropriated and provided by the state, the United States, the counties, and municipalities, in whole or jointly, and, in the case of armories, from funds derived from rentals as set f…

Code of military justice, §38-2-1049. Refusal to appear, testify or produce evidence. Punishment, §38-2-1047. DEPOTS. Armories and other facilities, §38-2-190. DEPUTIES.