Title Minnesota Statutes, Minnesota Statutes

192A.015 DEFINITIONS. In this chapter, unless the context otherwise requires: (1) "Accuser" means a person who signs and swears to charges, any person who directs that charges be signed and sworn to by another, and any person who has an interest other than an official interest in…

192A.02 PERSONS SUBJECT TO THIS CODE; JURISDICTION. § Subdivision 1.Applicability. (a) This code applies to all members of the state military forces as defined by section 190.05. (b) Subject matter jurisdiction is established if a nexus exists between an offense, either military …

192A.021 PURELY MILITARY OFFENSES. (a) Purely military offenses include the offenses contained in the following sections: 192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41 (Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment,…

192A.025 JURISDICTION TO TRY CERTAIN PERSONNEL. § Subdivision 1.Fraudulent discharge. Each person discharged from the state military forces not in federal active service who is later charged with having fraudulently obtained the discharge is, subject to section 192A.235, subject …

192A.03 DISMISSAL OF COMMISSIONED OFFICER. § Subdivision 1.Application for court-martial. Any commissioned officer, dismissed by order of the governor, may make a written application for trial by court-martial, setting forth, under oath, that the dismissal was wrongful. The gover…

192A.035 TERRITORIAL APPLICABILITY OF CODE. § Subdivision 1.Code. This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside th…

192A.04 JUDGE ADVOCATES AND LEGAL OFFICERS. § Subdivision 1.State judge advocate. The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must be a membe…

192A.041 PRACTICE OF MILITARY LAW. Any commissioned officer of a United States state or territory military force who meets the following qualifications may be accepted by the state judge advocate to conduct any and all administrative or Minnesota Code of Military Justice activiti…

192A.045 APPREHENSION. § Subdivision 1. [Repealed, 2002 c 308 s 71] § Subd. 2.Who may act; probable cause. Any person authorized by this code, or by rules issued under it, or any licensed peace officer, may apprehend persons subject to this code upon probable cause to believe tha…

192A.05 APPREHENSION OF DESERTERS. Any licensed peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state military …

192A.055 IMPOSITION OF PRETRIAL RESTRAINT. § Subdivision 1.Definition. "Pretrial restraint" means any restraint on a person's liberty which is imposed before and during disposition of offenses and may consist of conditions on liberty, restriction, or confinement. For the purposes…

192A.065 CONFINEMENT IN JAILS. Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the governor or by such person as the governor may authorize to act. …

192A.07 RECEIVING PRISONERS. § Subdivision 1.Requirement. No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under section 192A.065 may refuse to receive or keep any p…

192A.08 DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES. § Subdivision 1.Authority. Under such rules as may be prescribed under this code a person subject to this code who is accused of a criminal offense against civil authority may be delivered, upon request, to the civil authority f…

192A.0851 COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT. (a) Any commander may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The governor, the adjutant general, or a general officer in command may delegate t…

192A.09 MEMBERS OF STATE MILITARY FORCES NOT IN FEDERAL ACTIVE SERVICE. In the state military forces not in federal active service, there shall be the following three types of courts-martial: (1) general courts-martial, consisting of: (i) a military judge and not less than five m…

192A.095 JURISDICTION OF COURTS-MARTIAL IN GENERAL. Each force of the state military forces not in federal active service has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in ac…

192A.10 JURISDICTION OF GENERAL COURTS-MARTIAL. Subject to section 192A.095 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 governor or the adjutant general may prescr…

192A.105 JURISDICTION OF SPECIAL COURTS-MARTIAL. Subject to section 192A.095 special 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 governor or the adjutant general may pres…

192A.11 JURISDICTION OF SUMMARY COURTS-MARTIAL. § Subdivision 1.Jurisdiction of summary courts-martial. (a) Subject to section 192A.095 of this code, summary courts-martial have jurisdiction to try persons subject to this code, except for officers, cadets, candidates, and midship…

192A.111 MAXIMUM LIMITS. § Subdivision 1.Punishment limits. The punishment for a violation of this code is limited to the lesser of the sentence prescribed by the manual for courts-martial of the United States in effect at the time of the offense or the state manual for courts-ma…

192A.115 GOVERNOR'S APPROVAL OF DISMISSAL OR DISHONORABLE DISCHARGE. In the state military forces not in federal active service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor. History: 1963 c 661 s 192A.115; 2002 c 308 s 2…

192A.12 PROCEDURAL REQUIREMENTS FOR DISHONORABLE DISCHARGE, BAD CONDUCT DISCHARGE, OR DISMISSAL. A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has b…

192A.13 WHO MAY CONVENE GENERAL COURTS-MARTIAL. (a) In the state military forces not in federal active service, general courts-martial may be convened by: (1) the governor; or (2) the adjutant general. (b) The governor or the adjutant general may authorize in writing other genera…

192A.135 WHO MAY CONVENE SPECIAL COURTS-MARTIAL. In the state military forces not in federal active service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, deta…

192A.14 WHO MAY CONVENE SUMMARY COURTS-MARTIAL. In the state military forces not in federal active service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a battalion, regiment, wing, group, det…

192A.15 MILITARY JUDGE SYSTEM. § Subdivision 1.Establishment. There is hereby established a military judge system for the military forces. The military judge system shall be in the Military Department under the command of the adjutant general. It shall consist of at least two mil…

192A.155 DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL. § Subdivision 1.Who may be detailed. For each general, special, or summary court-martial or posttrial review the authority convening the court shall detail trial counsel and defense counsel, and such assistants as considered a…

192A.16 DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS. The convening authority of a general, special, or summary 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. The…

192A.20 GOVERNOR MAY PRESCRIBE RULES. The procedure, including modes of proof, in cases before military courts and other military tribunals organized under this code may be prescribed by the governor or the adjutant general by rules, which shall, so far as the governor or the adj…

192A.205 UNLAWFUL COMMAND INFLUENCE. § Subdivision 1.General prohibitions. (a) No convening authority or commander may censure, reprimand, admonish, or otherwise retaliate against any member, military judge, counsel, or witness involved in the investigation, prosecution, or defen…

192A.235 STATUTE OF LIMITATIONS. § Subdivision 1.No limitation. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. § Subd. 2. [Repealed, 2002 c 308 s 71] § Subd…

192A.24 FORMER JEOPARDY. § Subdivision 1.General principle. No person may, without that person's consent, be tried a second time in any military court of the state for the same offense. § Subd. 2.Finality of conviction. No proceeding in which an accused has been found guilty by a…

192A.25 OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE. § Subdivision 1.Equal opportunity. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such rules as the governor may presc…

192A.255 REFUSAL TO APPEAR OR TESTIFY. Any person not subject to this code who: (1) has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in eviden…

192A.26 CONTEMPTS. A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100 or both. History: …

192A.28 GROUNDS FOR CONVICTION. § Subdivision 1.Requirement. No person may be convicted of an offense except: (1) pursuant to a proper plea which has been duly accepted by the court; (2) pursuant to a finding of guilty by the trial judge in a summary court-martial or where the de…

192A.31 EXECUTION OF CONFINEMENT. § Subdivision 1.Location; conditions. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execut…

192A.341 ERROR OF LAW; LESSER INCLUDED OFFENSES. § Subdivision 1.Error of law. 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. § Subd. 2.Lesser offens…

192A.343 ACTION BY CONVENING AUTHORITY. § Subdivision 1.Reporting findings and sentence. The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. § Subd. 2.Submissions of the accused. (a) The accuse…

192A.351 WITHDRAWAL OF APPEAL. (a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to an appeal. A withdrawal shall be signed by both the accused and defense cou…

192A.353 APPEAL BY STATE. § Subdivision 1.Appeal. (a) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial,…

192A.361 REHEARINGS. A rehearing under this code shall take place before a court-martial composed of members who were not members of the court-martial that first heard the case. Upon a rehearing, the accused may not be tried for any offense of which the accused was found not guil…

192A.363 REVIEW BY SENIOR FORCE JUDGE ADVOCATE. § Subdivision 1.Review of findings of guilt. (a) A general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advoca…

192A.371 REVIEW BY STATE APPELLATE AUTHORITY. § Subdivision 1.Certiorari. (a) A review of any final order of a special or general court-martial proceeding may be had upon certiorari by the supreme court upon petition of any party to the proceeding. The review may be had on the gr…

192A.373 APPELLATE COUNSEL. § Subdivision 1.Appellate government counsel. The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in section 192A.371, and before any federal co…