Title 10, Public Safety And Internal Security

[§124B-104] Post-trial actions in summary courts-martial and certain general and special courts-martial. (a) In a court-martial not specified in section 124B-103(b), the convening authority may: (b) In a summary court-martial, the convening authority shall approve the sentence or…

[§124B-105] Entry of judgment. (a) In accordance with rules adopted by the governor or adjutant general, in a general or special court-martial the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the followi…

[§124B-106] Waiver of right to appeal; withdrawal of appeal. (a) After entry of judgment in a general or special court-martial, in accordance with rules adopted by the governor or adjutant general, the accused may waive the right to appeal. A waiver shall be: (b) In a general or …

[§124B-107] Appeal by the State. (a) In a trial by general or special court-martial or in a pretrial proceeding under section 124B-52, the State may appeal the following: (b) An appeal of an order or ruling shall not be taken unless the trial counsel provides the military judge w…

[§124B-108] Rehearings. (a) Each rehearing under this chapter shall take place before a court-martial composed of members that are not members of the court-martial that first heard the case. Upon a rehearing, the accused shall not be tried for any offense of which the accused was…

[§124B-109] Senior force judge advocate review of finding of guilty in summary court-martial. (a) In accordance with rules adopted by the governor or adjutant general, each summary court-martial in which there is a finding of guilty shall be reviewed by the senior force judge adv…

PART II. APPREHENSION AND RESTRAINT [§124B-11] Apprehension. (a) Any person authorized by this chapter or title 10 United States Code chapter 47, or by rules or regulations issued under either, any marshal of a court-martial appointed pursuant to this chapter, and any peace offic…

[§124B-110] Transmittal and review of records. (a) If the judgment of a general or special court-martial entered under section 124B-105 includes a finding of guilty, the record shall be transmitted to the state judge advocate for review. (b) In all other cases not covered under s…

[§124B-111] Review by state appellate authority. (a) An accused, who was tried by a special or general court-martial and is self aggrieved after the accused has exhausted all of the accused's rights of review under this part, shall be entitled to appeal the judgment or sentence o…

[§124B-112] Appellate counsel. (a) The senior force judge advocate shall detail one or more judge advocates as appellate government counsel, and one or more judge advocates as appellate defense counsel, who are qualified under section 124B-47. (b) Appellate government counsel sha…

[§124B-113] Vacation of suspension. (a) Before the vacation of the suspension of a special court-martial sentence that includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold…

[§124B-114] Petition for a new trial. At any time within two years after approval by the convening authority of a court-martial sentence that extends to dismissal or dishonorable or bad-conduct discharge, the accused may petition the governor for a new trial on the grounds of new…

[§124B-115] Remission and suspension. (a) The governor, the adjutant general, or 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 admini…

§124B-116 Restoration. (a) In accordance with rules as the governor may adopt, 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…

[§124B-117] Finality of proceedings, findings, and sentences. The appellate review of records of trial provided under this chapter, the proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this chapter, and all dismissals and discharges …

[§124B-118] Leave required to be taken pending review of certain court-martial convictions. In accordance with rules adopted by the governor or adjutant general, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under …

[§124B-12] Apprehension of deserters. Any civil officer having authority to apprehend alleged offenders under the laws of the United States or this State or of a state, territory, commonwealth, or possession, or the District of Columbia, may summarily apprehend an alleged deserte…

[§124B-13] Imposition of restraint. (a) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter or through any person authorized by this chapter to …

PART X. PUNITIVE SECTIONS [§124B-131] Principals. Any person punishable under this chapter who: is a principal. [L 2022, c 286, pt of §2]

[§124B-132] Accessory after the fact. Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall b…

[§124B-133] Conviction of offense charged, lesser included offenses, and attempts. (a) An accused may be found guilty of any of the following: (b) For purposes of this section, "lesser included offense" means:

[§124B-134] Attempts. (a) An act done with specific intent to commit an offense under this chapter that amounts 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 chapter wh…

[§124B-135] Conspiracy. Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to affect the object of the conspiracy, be punished as directed by a court-martial. [L 2022…

[§124B-136] Soliciting commission of offenses. (a) Any person subject to this chapter who solicits or advises another to commit an offense under this chapter, other than an offense specified in subsection (b), shall be punished as directed by a court-martial. (b) Any person subje…

[§124B-137] Malingering. Any person subject to this chapter who, with the intent to avoid work, duty, or service: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-138] Breach of medical quarantine. Any person subject to this chapter: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-139] Desertion. (a) Any member of the state military forces who: shall be guilty of desertion. (b) Any commissioned officer of the state military forces who, after tender of the officer's resignation and before notice of its acceptance, quits the officer's post or proper d…

[§124B-14] Restraint of persons charged with offenses. (a) Subject to subsection (b), any person subject to this chapter may be ordered into arrest or confinement as the circumstances require. (b) When a person subject to this chapter is charged only with an offense that is norma…

[§124B-140] Absence without leave. Any member of the state military forces who, without authority: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-141] Missing movement; jumping from vessel. (a) Any person subject to this chapter who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as directed by a court-mart…

[§124B-142] Resistance, flight, breach of arrest, and escape. Any person subject to this chapter who: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-143] Offenses against correctional custody and restriction. (a) Any person subject to this chapter who: 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…

[§124B-144] Contempt toward officials. Any commissioned officer 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 secretary of a military department, the United States …

[§124B-145] Disrespect toward superior commissioned officer; assault of superior commissioned officer. (a) Any person subject to this chapter who behaves with disrespect toward that person's superior commissioned officer shall be punished as directed by a court-martial. (b) Any p…

[§124B-146] Wilfully disobeying superior commissioned officer. Any person subject to this chapter who wilfully disobeys a lawful command of that person's superior commissioned officer shall be punished:

[§124B-147] Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. Any warrant officer or enlisted member who: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-148] Failure to obey order, regulation, or rule. Any person subject to this chapter who: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-149] Cruelty and maltreatment. Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to that person's orders shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-15] Place of confinement; reports and receiving of prisoners. (a) If a person subject to this chapter is confined before, during, or after trial, confinement shall be in a state correctional facility designated by the governor, or by a person authorized by the governor to …

[§124B-150] Prohibited activities with a military recruit or trainee by a person in a position of special trust. (a) Any person subject to this chapter who: shall be punished as directed by a court-martial. (b) Any person subject to this chapter who: shall be punished as directed…

[§124B-151] Mutiny or sedition. (a) Any person subject to this chapter who: (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-152] Offenses by sentinel or lookout. (a) Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved shall be punished: (b) Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as di…

[§124B-153] Disrespect toward sentinel or lookout. Any person subject to this chapter who, knowing that another person is a sentinel or lookout: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-154] Release of prisoner without authority; drinking with prisoner. (a) Any person subject to this chapter who: shall be punished as directed by a court-martial regardless of whether the prisoner was committed in strict compliance with the law. (b) Any person subject to th…

[§124B-155] Unlawful detention. Any person subject to this chapter who, except as provided by law, apprehends, arrests, or confines any person shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-156] Misconduct as prisoner. Any person subject to this chapter who, while in the hands of the enemy in time of war: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]