Title 10, Public Safety And Internal Security

[§124B-160] Forcing a safeguard. Any person subject to this chapter who forces a safeguard shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-161] Spies. Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of the state military forces or of the United States armed forces, or in or about any shipyard, any manufac…

[§124B-162] Espionage. (a) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the State or the United States, or to another state, commonwealth, or territory of the United States, or to the advantage of a foreign nation…

[§124B-163] Aiding the enemy. Any person who: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-164] Public record offenses. Any person subject to this chapter who, wilfully and unlawfully: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-165] Fraudulent enlistment, appointment, or separation. Any person who: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-166] Unlawful enlistment, appointment, or separation. Any person subject to this chapter who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person to be ineligible for that enlistment, appointment, …

[§124B-167] Forgery. Any person subject to this chapter who, with intent to defraud: shall be guilty of forgery and shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-168] False or unauthorized pass offenses. (a) Any person subject to this chapter who, wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as directed by a …

[§124B-169] Impersonation of officer, noncommissioned or petty officer, or agent or official. (a) Any person subject to this chapter who, wrongfully and wilfully, impersonates: shall be punished as directed by a court-martial. (b) Any person subject to this chapter who, wrongfull…

[§124B-17] Delivery of alleged offenders to civil authorities. (a) A person subject to this chapter accused of an offense against civil authority may be delivered upon request to the civil authority for trial or confinement. (b) When delivery under this section is made to any civ…

[§124B-170] Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button. Any person subject to this chapter who: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

§124B-171 False official statements; false swearing. (a) Any person subject to this chapter who, with intent to deceive: shall be punished as directed by a court-martial. (b) Any person subject to this chapter who: if the statement is false and at the time of taking the oath or a…

[§124B-172] Military property; loss, damage, destruction, or wrongful disposition. Any person subject to this chapter who, without proper authority: any military property of the State, the United States, or any of its states, territories, or commonwealths shall be punished as dir…

[§124B-173] Captured or abandoned property. (a) All persons subject to this chapter shall secure all public property taken from the enemy 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 ab…

[§124B-174] Property other than military property; waste, spoilage, or destruction. Any person subject to this chapter who wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or damages any property other than military property of the United State…

[§124B-175] Mail matter; wrongful taking; opening. (a) Any person subject to this chapter who, with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivere…

[§124B-176] Improper hazarding of vessel or aircraft. (a) Any person subject to this chapter who, wilfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the armed forces of the United States or any state military force shall be punished as directed b…

[§124B-177] Drunkenness and other incapacitation offenses. (a) Any person subject to this chapter who is drunk on duty shall be punished as directed by a court-martial. (b) Any person subject to this chapter who, as a result of indulgence in any alcoholic beverage or any drug, is…

[§124B-178] Wrongful use, possession, etc., of controlled substances. (a) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an i…

[§124B-179] Drunken or reckless operation of a vehicle, aircraft, or vessel. (a) Any person subject to this chapter who: shall be punished as directed by a court-martial. (b) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person's blood or …

[§124B-180] Endangerment offenses. (a) Any person subject to this chapter who engages in conduct that: shall be punished as directed by a court-martial. (b) Any person subject to this chapter who: shall be punished as directed by a court-martial. (c) Any person subject to this ch…

[§124B-181] Communicating threats. (a) Any person subject to this chapter who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as directed by a court-martial. (b) Any person subject to this chapter who wrongfully communic…

[§124B-182] Riot or breach of peace. Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-183] Provoking speeches or gestures. Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-184] Offenses concerning government computers. (a) Any person subject to this chapter who: shall be punished as directed by a court-martial. (b) For purposes of this section: "Computer" shall have the same meaning given that term as provided in title 18 United States Code …

[§124B-185] Fraud against the government. Any person subject to this chapter: shall upon conviction be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-186] Perjury. Any person subject to this chapter who in a judicial proceeding or in a course of justice conducted under this chapter wilfully and corruptly: shall be guilty of perjury and shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-187] Subornation of perjury. (a) Any person subject to this chapter who induces and procures another person to: shall, if the conditions specified in subsection (b) are satisfied, be punished as directed by a court-martial. (b) The conditions referred to in subsection (a) …

[§124B-188] Obstructing justice. Any person subject to this chapter who engages in conduct in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or othe…

[§124B-189] Misprision of serious offense. Any person subject to this chapter: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-190] Wrongful refusal to testify. Any person subject to this chapter who, in the presence of a court-martial, a board of officers, a court of inquiry, preliminary hearing, or an officer taking a deposition, of or for the State or for the United States, wrongfully refuses t…

[§124B-191] Prevention of authorized seizure of property. Any person subject to this chapter who, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise dispo…

[§124B-192] Noncompliance with procedural rules. Any person subject to this chapter who: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-193] Wrongful interference with adverse administrative proceeding. Any person subject to this chapter who, having reason to believe that an adverse administrative proceeding is pending against any person subject to this chapter, wrongfully acts with the intent to: shall be…

[§124B-194] Retaliation. (a) Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from r…

[§124B-195] Conduct unbecoming an officer. Any commissioned officer who is convicted of conduct unbecoming an officer shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-196] General article. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the state military forces, all conduct of a nature to bring discredit upon the state military forces, offenses prescribed by…

[§124B-2] Persons subject to this chapter; jurisdiction. (a) This chapter applies to all members of the state military forces at all times. (b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military…

PART III. NONJUDICIAL PUNISHMENT [§124B-21] Commanding officer's nonjudicial punishment. (a) In accordance with rules adopted by the governor, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to thi…

PART XI. MISCELLANEOUS PROVISIONS [§124B-231] Courts of inquiry. (a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the governor or adjutant general for that purpose, reg…

[§124B-232] Authority to administer oaths or affirmations. (a) The following members of the state military forces may administer oaths or affirmations for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before pe…

[§124B-233] Articles to be explained. (a) The procedures and provisions of this chapter shall be explained at least once every three years to each unit of the state military forces. (b) The procedures and provisions of this chapter shall be carefully explained to every enlisted m…

[§124B-234] Complaints of wrongs. Any member of the state military forces who has a complaint against the member's commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forwar…

[§124B-235] Redress of injuries to property. (a) Whenever a complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, the commanding o…

[§124B-236] Delegation of authority by the governor; rulemaking authority of the governor. (a) The governor may delegate any authority vested in the governor under this chapter to the adjutant general and may provide for the sub-delegation of any authority as appropriate. (b) The…