Title V, Military Affairs
13 chapters · 437 sections in this title.
KRS § 35.010 Definitions for chapter
5.4K chars
As used in this chapter, unless the context otherwise requires: (1) "State" means one (1) of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands; (2) "Cadet," "candidate," or "midshipman" means a person who is …
KRS § 35.015 Persons subject to this code -- Jurisdiction
0.8K chars
(1) This code applies to all members of the state military forces at all times and in all places. (2) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military force. Courts-martial have primary jurisd…
KRS § 35.020 Jurisdiction to try certain personnel
0.7K chars
(1) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to KRS 35.215, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the dir…
KRS § 35.030 Territorial applicability of the code
0.8K chars
(1) This code has applicability at all times and in all places subject to the personal jurisdiction as provided in KRS 35.015, or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state milita…
KRS § 35.031 Judge advocates
0.8K chars
(1) The senior force judge advocates in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field of supervision of the administration of military justice. (2) Convening authorities shall at all times communicate directly …
KRS § 35.033 Military judges
0.2K chars
Procedures pertaining to the selection and regulation of military judges shall be promulgated by the adjutant general and approved by the Governor of the Commonwealth of Kentucky.
KRS § 35.035 Apprehension
1.3K chars
(1) Apprehension is the taking of a person into custody. (2) Any person authorized by this code or by 10 U.S.C. Chapter 47, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of thi…
KRS § 35.045 Imposition of restraint
1.3K chars
(1) Arrest is the restraint of a person by an order not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person. (2) An enlisted member may be ordered into arrest or confinement by a…
KRS § 35.050 Restraint of person charged with offenses
0.4K chars
Any subject person charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the s…
KRS § 35.055 Place of confinement -- Reports and receiving of prisoners
1.0K chars
(1) If a person subject to this code is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility. (2) No person authorized to receive prisoners pursuant to subsection (1) of this section may refuse to receive or keep any prisone…
KRS § 35.057 Confinement with enemy prisoners prohibited
0.2K chars
No member of the state military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the Armed Forces.
KRS § 35.060 Punishment prohibited before trial
0.4K chars
No person, while being held for trial or awaiting a verdict, shall 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 more rigorous than the circums…
KRS § 35.065 Delivery of offenders to civil authorities
0.6K chars
(1) A person subject to this code accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement. (2) When delivery under this chapter is made to any civil authority of a person undergoing sentence of a court-martial,…
KRS § 35.070 Commanding officer's nonjudicial punishment
6.2K chars
(1) Under such regulations as prescribed, any commanding officer, and for purposes of this section, officers-in-charge, may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The Governor, the adjutant general,…
KRS § 35.075 Courts-martial classified
0.7K chars
The two (2) kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of: (a) A military judge and not less than five (5) members; or (b) Only a military judge, if before the court is assembled the accused, knowing the identity of the milita…
KRS § 35.080 Jurisdiction of courts-martial in general
0.1K chars
Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this code.
KRS § 35.085 Jurisdiction of general courts-martial
0.3K chars
Subject to KRS 35.080, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under those limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code.
KRS § 35.090 Jurisdiction of special courts-martial
0.5K chars
Subject to KRS 35.080, special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under those limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code except dishonorable …
KRS § 35.105 Who may convene general courts-martial
0.4K chars
(1) General courts-martial may be convened by: (a) The Governor; (b) The adjutant general; or (c) A general officer who is designated as a commander. (2) If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case …
KRS § 35.110 Who may convene special courts-martial
0.8K chars
(1) Special courts-martial may be convened by: (a) Any person who may convene a general court-martial; (b) The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station; (c) The commanding officer of a brigade, regiment, detach…
KRS § 35.120 Who may serve on courts-martial
2.5K chars
(1) Any commissioned officer of the state military forces is eligible to serve on all courts-martial for the trial of any person subject to this code. (2) Any warrant officer of the state military forces is eligible to serve on general and special courts-martial for the trial of …
KRS § 35.125 Military judge of a general or special court-martial
4.5K chars
(1) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (2) A military judge shall be all of the following: (a) An active or retir…
KRS § 35.130 Detail of trial counsel and defense counsel
1.4K chars
(1) (a) For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and assistants as are appropriate. (b) No person who has acted as investigating officer, military judge, or court member in any case may act later as …
KRS § 35.140 Detail or employment of reporters and interpreters
0.3K chars
Under such regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ inte…
KRS § 35.145 Absent and additional members
2.1K chars
(1) No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order…
KRS § 35.150 Charges and specifications
0.6K chars
(1) Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by this chapter to administer oaths and shall state: (a) That the signer has personal knowledge of, or has investigated, the matters set forth there…
KRS § 35.155 Compulsory self-incrimination prohibited
1.1K chars
(1) No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her. (2) No person subject to this code may interrogate or request any statement from an accused or a person sus…
KRS § 35.160 Investigation
2.6K chars
(1) No charge or specification shall be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, …
KRS § 35.165 Forwarding of charges
0.4K chars
When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising …
KRS § 35.170 Advice of judge advocate and reference for trial
1.4K chars
(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court- martial for trial unless the co…
KRS § 35.175 Service of charges
0.4K chars
The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No person may, against the person's objection, be brought to trial before a general court- martial case within a period of five (5) days after the service of charges upon the person, or in…
KRS § 35.180 Governor or the adjutant general may prescribe rules
0.5K chars
Pretrial, trial, and post-trial procedures, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may be prescribed by the Governor or adjutant general by regulations, or as otherwise provided by law, which shall apply the principl…
KRS § 35.185 Unlawfully influencing action of court
1.8K chars
(1) No authority convening a general or special court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adju…
KRS § 35.190 Duties of trial counsel and defense counsel
2.5K chars
(1) The trial counsel of a general or special court-martial shall be a member in good standing of the state bar and shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings. (2) (a) The accused has the right to b…
KRS § 35.195 Sessions
1.5K chars
(1) At any time after the service of charges which have been referred for trial to a court- martial composed of a military judge and members, the military judge may, subject to KRS 35.175, call the court into session without the presence of the members for the purpose of: (a) Hea…
KRS § 35.200 Continuances
0.1K chars
The military judge of a court-martial may, for reasonable cause, grant a continuance to any party for such time and as often as appears to be just.
KRS § 35.205 Challenges
1.7K chars
(1) (a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or the court shall determine the relevancy and validity of challenges for cause, and may not receiv…
KRS § 35.210 Oaths or affirmations
1.1K chars
(1) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of …
KRS § 35.215 Statute of limitations
2.9K chars
(1) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under KRS 35.070 if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer …
KRS § 35.220 Former jeopardy
0.6K chars
(1) No person may, without his consent, be tried a second time for the same offense. (2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become fina…
KRS § 35.225 Pleas of the accused
1.0K chars
(1) If an accused after arraignment makes any irregular pleading, or, after a plea of guilty, sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or i…
KRS § 35.230 Opportunity to obtain witnesses and other evidence
0.8K chars
The trial counsel, defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the produc…
KRS § 35.235 Refusal to appear or testify
0.8K chars
(1) Any person not subject to this code, who: (a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such…
KRS § 35.240 Contempt
0.5K chars
(1) A military judge may punish for contempt any person who uses any disrespectful word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. (2) A person subject to this code may be punished for contempt by confinement not to exceed thirty (…
KRS § 35.245 Depositions
1.5K chars
(1) At any time after charges have been signed as provided in KRS 35.150, any party may take oral or written depositions unless the military judge hearing the case, or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charge…
KRS § 35.250 Admissibility of records of courts of inquiry
0.7K chars
(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evi…
KRS § 35.252 Defense of lack of mental responsibility
1.7K chars
(1) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Men…
KRS § 35.255 Voting and rulings
2.3K chars
(1) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the bal…
KRS § 35.260 Number of votes required
0.8K chars
(1) No person may be convicted of an offense except as provided in KRS 35.225(2) or by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken. (2) All other questions to be decided by the members of a general or special court- martial shall be de…
KRS § 35.265 Court to announce action
0.1K chars
A court-martial shall announce its findings and sentence to the parties as soon as determined.