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

1. After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action 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 adjutant gener…

The convening authority shall refer the record of each general court-martial to the appropriate staff judge advocate of the state force concerned, who shall submit a written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal …

1. 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. 2. Where there is …

1. If the convening authority disapproves the findings and sentence of a court-martial the convening authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such case the convening authority shall state the rea…

1. If the convening authority is the governor or adjutant general, the convening authority’s action on the review of any record of trial is final. 2. In all other cases not covered by subsection 1 , if the sentence of a special court-martial as approved by the convening authority…

1. 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. 2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or a…

1. Upon the final review of a sentence of a general court-martial or of a sentence to a dishonorable discharge, dismissal, or confinement, the accused has the right to be represented by counsel before the reviewing authority and before the appropriate staff judge advocate. 2. Upo…

1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a discharge under other than honorable conditions, a dismissal, or a confinement, or of any general court-martial sentence, the officer having special court-martial jurisdictio…

At any time within two 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 court…

A person shall not be ordered apprehended or into arrest or confinement except for probable cause. [C54, 58, 62, §29.66; C66, 71, 73, 75, 77, 79, 81, §29B.7 ; 82 Acts, ch 1042, §4 ]

1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. 2. The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance …

1. Under such regulations as the adjutant general 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 …

The proceedings, findings, and sentences of court-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 by this code, are final and conclusi…

A person shall not be tried or punished for any offense provided for in this code unless it was committed while the person was in a duty status or during a time when the person was under lawful orders to be in a duty status. [C66, 71, 73, 75, 77, 79, 81, §29B.73 ; 82 Acts, ch 104…

Any person subject to this code is a principal if the person does any of the following: 1. Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission. 2. Causes an act to be done which if directly performed by the person would be pu…

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 the offender’s apprehension, trial or punishment shall be punished as a court-martial may direct. [C6…

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. [C66, 71, 73, 75, 77, 79, 81, §29B.76 ]

1. 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. 2. Any person subject to this code who attempts to commit any offen…

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.78 …

1. Any person subject to this code who solicits or advises another or others to desert in violation of section 29B.82 or mutiny in violation of section 29B.91 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the co…

Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confin…

Any person shall be punished as a court-martial may direct if the person does any of the following: 1. Procures the person’s own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person’s qualifications fo…

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to the person subject to this code to be ineligible for that enlistment, appointment, or separation because it is prohibited by la…

1. Any member of the state military forces who does any of the following is guilty of desertion: a. Without authority goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away therefrom permanently. b. Quits the member’s unit, organi…

Any person subject to this code shall be punished as a court-martial may direct if the person without authority does any of the following: 1. Fails to go to the person’s appointed place of duty at the time prescribed. 2. Goes from that place. 3. Leaves or remains absent from the …

Any person subject to this code 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 a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.84 ] Referred to in §…

Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court-martial may direct. [C97, §2196 – 2198; SS…

Any person subject to this code who behaves with disrespect toward the person’s superior commissioned officer shall be punished as a court-martial may direct. [C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, § 467.61; C46, 50, §29.61; C54, 58, 62, §29.6…

Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following: 1. Strikes the person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior commissioned officer while th…

Any warrant officer or enlisted member shall be punished as a court-martial may direct if the person does any of the following: 1. Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of the officer’s office. 2. …

Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following: 1. Violates or fails to obey any lawful general order or regulation. 2. Having knowledge of any other lawful order issued by a member of the state military for…

The accused may post bond in the amount ordered by the convening authority but not to exceed twice the authorized fine for such offense, however, no bond is permitted for capital offenses. [C66, 71, 73, 75, 77, 79, 81, §29B.9 ]

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to orders of the person subject to this code shall be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.90 ] Referred to in §29B.16

Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following: 1. Interferes with or reprises against any member of the state military forces who has indicated the intent to make or who has made a report to civilian law en…

1. Any person subject to this code who: a. With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do the person’s duty or creates any violence or disturbance against that authority is guilty of mutiny; b. …

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.92 ] Referred to in §29B.16

Any person subject to this code who, without proper authority, releases any prisoner committed to the person’s 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 …

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. [C66, 71, 73, 75, 77, 79, 81, §29B.94 ] Referred to in §29B.16

Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following: 1. Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code. 2. Knowingly and intentionally fails …

Any person subject to this code shall be punished as a court-martial may direct if the person, before or in the presence of the enemy, does any of the following: 1. Runs away. 2. Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which …

A person subject to this code who compels or attempts to compel the commander of any place, vessel, aircraft, or other military property or any body of the state military forces, or of any other state, to surrender the place, property, or forces to an enemy or to abandon the plac…

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 the person’s…

Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.99 ] Referred to in §29B.16

Because of existing and increasing possibility of the occurrence of disasters, and in order to insure that preparations of this state will be adequate to deal with such disasters, and to provide for the common defense and to protect the public peace, health and safety, and to pre…

1. The commission shall appoint an emergency management coordinator who shall serve at the pleasure of the commission, shall be responsible for the development of the comprehensive emergency plan, shall coordinate emergency planning activities, and shall provide technical assista…

1. The local emergency management commission shall, in collaboration with other public and private agencies within this state, develop mutual aid arrangements for reciprocal disaster services and recovery aid and assistance in case of disaster too great to be dealt with unassiste…