Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

Any person subject to this code shall be punished as a court-martial may direct if the person, while in the hands of the enemy in time of war, does any of the following: 1. For the purpose of securing favorable treatment by the captors acts without proper authority in a manner co…

1. A person subject to this code who, with intent to deceive, signs any false record, return, regulation, 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 direct…

1. A person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages property other than military property of the United States or of the state shall be punished as a court-martial may dire…

1. Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the state military forces shall be punished as a court-martial may direct. 2. Any person subject to this code who negligentl…

Any person subject to this code who operates any vehicle while under the influence of an alcoholic beverage, a narcotic, hypnotic or other drug, or any combination of such substances, or in a reckless or wanton manner, shall be punished as a court-martial may direct. [C66, 71, 73…

Any person subject to this code who is found drunk on duty or sleeping upon the person’s post, or who leaves the person’s post before the person is regularly relieved, shall be punished as a court-martial may direct. [C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §4…

1. Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of the state military forces, a controlled subst…

Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.…

Any person subject to this code shall be punished as a court-martial may direct if the person for the purpose of avoiding work, duty, or service in the state military forces does any of the following: 1. Feigns illness, physical disablement, mental lapse, or derangement. 2. Inten…

Every commander of a guard, master-at-arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison, to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as relieved from guard, report t…

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.110 ] Referred to in §29B.16

Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.111 ] Referred to in §29B.16

Any person subject to this code who in a judicial proceeding or in a court of justice conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of in…

Any person subject to this code shall, upon conviction of any of the following, be punished as a court-martial may direct: 1. The person, knowing it to be false or fraudulent, does any of the following: a. Makes any claim against the United States, the state, or any officer there…

1. Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind: a. With intent permanently to deprive or defraud another person of …

A commissioned officer who is convicted of conduct unbecoming an officer shall be punished as a court-martial directs. [C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, § 467.61; C46, 50, §29.61; C54, 58, 62, §29.63(11); C66, 71, 73, 75, 77, 79, 81, §29B…

Though not specifically mentioned in this code, and subject to section 29B.116A , all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces, of which persons …

1. a. Jurisdiction under this code shall not be extended to the crimes of murder, manslaughter, sexual abuse, robbery, arson, extortion, assault, or burglary, jurisdiction of which is reserved exclusively to civilian courts. b. The term “civilian criminal offenses” includes all o…

1. The adjutant general shall report annually, by January 15, to the governor and to the chairpersons and ranking members of the general assembly’s standing committees on veterans affairs on the number of offenses described in section 29B.116A, subsection 1 , which have been repo…

1. a. Courts of inquiry to investigate any matter may be convened by the adjutant general, the governor, or by any other person designated by the adjutant general or authorized to convene a general court-martial for that purpose, whether or not the persons involved have requested…

Any member of the state military forces who feels wronged by 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 forward the complaint to the governor or adjuta…

1. Whenever complaint is made to any commanding officer that willful 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 person may, subject to such regulations as the adjutant gen…

Subject to section 29B.58 , no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any m…

1. Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state a…

An accused shall not bring an action or proceeding against the convening authority or a member of a military court or board convened under this code or a person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any senten…

Fines imposed by a military court may be paid to the court or to an officer executing its process. The amount of the fine may be noted upon any state payroll or pay account and fines may be deducted from any pay or allowance due or thereafter to become due to the offender, until …

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to deny those courts or boards jurisdiction in any action or proceeding. [ 82 Acts, ch 1042, §52 ]

The governor may delegate any authority vested in the governor under this code, and may provide for the subdelegation of any such authority, except the power given to the governor by sections 29B.19 and 29B.23 . [ 82 Acts, ch 1042, §53 ]

The following members of the state military forces may administer oaths for the purposes of military administration including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public as provided in chapter 9B : 1…

1. Under regulations as may be prescribed under this code a person subject to this code who is on national guard duty or state active duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. 2. When delivery under…

This code shall be construed as to effectuate the general purpose of uniformity, so far as practical, with the uniform code of military justice , 10 U.S.C. ch. 47 . 2010 Acts, ch 1087, §5

1. Under regulations as the adjutant general may prescribe limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers authorized to exercise those powers,…

1. In the state military forces there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for…

1. Each force of the state military forces has court-martial jurisdiction over all persons subject to this code. 2. Courts-martial have primary jurisdiction of military offenses as defined in sections 29B.77 through 29B.116 of this code. [C35, §467-f33, -f61; C39, § 467.35, 467.6…

Subject to section 29B.16 , general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the adjutant general may prescribe, adjudge any one or a combination of the following punishmen…

1. a. Subject to section 29B.16 , special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may have been punished under this code and may, under such limitations as the adjutant general may impose by rule, adjudge any one or a co…

In the state military forces a sentence of dismissal or dishonorable discharge shall not be executed until it is approved by the governor. [C54, 58, 62, §29.75; C66, 71, 73, 75, 77, 79, 81, §29B.19 ; 82 Acts, ch 1042, §8 ] Referred to in §29B.128

1. Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to section 29B.44 , subject to trial by court-martial on that charge and is after apprehension subject to this code while in the custody of the …

A sentence imposing a dishonorable discharge, discharge under other than honorable conditions, dismissal, or confinement shall not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under this code was…

In the state military forces, not on federal active duty, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each three dollars of the authorized fine. [C35, §467-f35; C39, § 467.37; C46, 50, §29.37; C54, 58, 62, §29.74; C66, 71…

1. A judge advocate in the state military forces shall be a commissioned officer who is a member of the bar of the state. However, a judge advocate serving in the military forces of the state on April 22, 2002, who is not a member of the bar of the state shall not be required to …

In the state military forces general courts-martial may be convened by the governor, or by the adjutant general of the state of Iowa. [C39, § 467.33; C46, 50, §29.33; C54, 58, 62, §29.71; C66, 71, 73, 75, 77, 79, 81, §29B.23 ; 82 Acts, ch 1042, §10 ] Referred to in §29B.128

In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the state military forces are on duty, or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or o…

1. In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the state military forces are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, d…

1. a. Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before the courts for trial. b. Any warrant officer of or on duty with the state military forces is eligi…

1. The authority convening a general court-martial shall detail a military judge to the court-martial. Subject to rules of the adjutant general, the authority convening a special court-martial may detail a military judge to the court-martial. A military judge shall preside over e…