Title V, Military Affairs

Any person subject to this code who forces a safeguard shall be punished as a court- martial may direct.

(1) All persons subject to this code shall secure all property taken 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 abandoned property in their possession, custody, or control. (2) Any p…

Any person subject to this code 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 commun…

Any person subject to this code shall be punished as a court-martial may direct who, while in the hands of the enemy in time of war: (1) For the purpose of securing favorable treatment by his or her captors, acts without proper authority in a manner contrary to law, custom, or re…

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be fals…

Any person subject to this code shall be punished as a court-martial may direct, if that person, without proper authority: (1) Sells or otherwise disposes of; (2) Willfully or through neglect damages, destroy, or loses; or (3) Willfully or through neglect suffers to be lost, dama…

Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct.

(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 any state military forces shall suffer such punishment as a court-martial may direct. (2) Any person subject to this code who …

Any person subject to this code who operates or is in physical control of any vehicle while under the influence of alcohol or any other substances or combination of substances which impair one's driving ability, or in a reckless or wanton manner, shall be punished as a court-mart…

Any person subject to this code other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct.

(1) Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, or imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control…

Any sentinel or lookout who is found drunk or sleeping upon his or her post or leaves it before being regularly relieved, shall be punished, if the offense is committed in a time of war, by confinement of not more than ten (10) years or other punishment as a court- martial may di…

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 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.

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.

Any person subject to this code who uses provoking or reproachful words or gestures towards another person subject to this code shall be punished as a court-martial may direct.

As used in KRS 35.678 to 35.690: (1) "Act of prostitution" means a sexual act or sexual contact as defined in subsection (12) or (13) of this section, respectively, on account of which anything of value is given to, or received by, any person; (2) "Bodily harm" means any offensiv…

Any person subject to this code is guilty of sexual harassment and shall be punished as a court-martial may direct who: (1) Influences, offers to influence, or threatens the career, reputation, pay, or job of another person in exchange for sexual favors; (2) Makes deliberate or r…

(1) Any person subject to this code is guilty of rape and shall be punished as a court- martial may direct who commits a sexual act upon another person by: (a) Using unlawful force against another person; (b) Using force causing or likely to cause death or grievous bodily harm to…

Any person subject to this code is guilty of rape of a child and shall be punished as a court-martial may direct who: (1) Commits a sexual act upon a child who has not attained the age of twelve (12) years; or (2) Commits a sexual act upon a child who has attained the age of twel…

Any person subject to this code is guilty of stalking and shall be punished as a court- martial may direct who: (1) Wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault,…

(1) Any person subject to this code is guilty of an offense under this section and shall be punished as a court-martial may direct who, without legal justification or lawful authorization: (a) Knowingly or wrongfully views the private area of another person, without that other pe…

(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 articles of value of any kind: (a) With intent permanently to deprive or defraud another person …

Any person subject to this code who with intent to steal takes anything of value from the person or in the presence of another, against his or her will, by means of force of violence or fear of immediate of future injury to his or her person or property or to the person or proper…

Any person subject to this code is guilty of forgery and shall be punished as a court- martial may direct who, with intent to defraud: (1) Falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another…

funds. (1) Any person subject to this code is guilty of making, drawing, or uttering a check, draft, or order without sufficient funds and shall be punished as a court-martial may direct who: (a) For the procurement of any article or thing of value, with the intent to defraud; or…

Any person subject to this code is guilty of maiming and shall be punished as a court- martial may direct who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which: (1) Seriously disfigures his or her person by any mutilation thereof; …

(1) Any person subject to this code who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a human being, is guilty of aggravated arson and shall be pun…

Any person subject to this code who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

(1) Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct. (2) Any person subject to …

Any person subject to the code who, with intent to commit an offense punishable under KRS 35.681, 35.685, 35.690, 35.692, 35.695, 35.700, 35.702, 35.705, 35.710, 35.712, and 35.715, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shal…

Any person subject to this code who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct.

Any subject person subject to this code is guilty of perjury and shall be punished as a court-martial may direct who, in a judicial proceeding or 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 …

Any person subject to this code who: (1) Knowing it to be false or fraudulent: (a) Makes any claim against the United States, the state, or any officer thereof; or (b) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the …

Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

Though not specifically mentioned in this code, 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 shall be taken cognizance of by a court- martial and…

(1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested an inquiry. (2) A court of inquiry consists of three (3) or more…

(1) The following persons may administer oaths for the purposes of military administration, including military justice: (a) All judge advocates; (b) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (c) All commanding officers of the naval militia; an…

(1) (a) The sections of this code specified in paragraph (c) of this subsection shall be carefully explained to each enlisted member at the time of, or within thirty (30) days after, the member's initial entrance into a duty status with the state military forces. (b) The sections…

Any member of the state military forces who believes himself or herself wronged by his or her commanding officer, and, upon due application to that commander, is refused redress, may complain to any superior commissioned officer who shall forward the complaint to the officer exer…

(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, that person may, under such regulations prescribed, convene a …

The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by KRS 35.105.

(1) The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administra…

(1) Fines imposed by a military court or through imposition of non-judicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected by: (a) Cash or money order; (b) Retention of any pay or …

This code 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, 10 U.S.C. Chapter 47.

All persons acting under the provisions of this code, 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 code.

The provisions of this code are hereby declared to be severable and if any provision of this code or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of thi…

This chapter may be cited as the Kentucky Code of Military Justice.

Upon June 25, 2013, this chapter supersedes all existing statutes, ordinances, directives, rules, regulations, orders, and other laws in the state covered by the subject matter of this chapter, and all such statutes, ordinances, directives, rules, regulations, orders, and other l…

-- Organization. The Department of Military Affairs shall be attached to the Office of the Governor, have charge of and be responsible to the Governor for the proper functioning of the Kentucky National Guard, militia, and all other military or naval matters of the state, and sha…