Title V — MILITARY AFFAIRS AND POLICE

40.328. Attempts to compel officer to surrender to enemy or to strike colors without proper authority — court-martial. — Any person subject to sections 40.005 to 40.490 who compels or attempts to compel a commander of any place, vessel, aircraft, or other military property, or of…

40.330. Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial. — Any person subject to sections 40.005 to 40.490 who discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is …

40.335. Forcing a safeguard, court-martial. — Any person subject to sections 40.005 to 40.490 who forces a safeguard shall be punished as a court-martial may direct. ­­-------- (L. 1984 H.B. 1035 § 103)

40.340. Public property, duty to secure when taken from hostile forces — failure to turn over to proper authority — court-martial. — 1. All persons subject to sections 40.005 to 40.490 shall secure all public property taken from the hostile force for the service of the United Sta…

40.350. Hostile forces, aid — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who: (1) Aids, or attempts to aid the hostile force with arms, ammunition, supplies, money, or other things; or (2) Without proper author…

40.355. Hostile forces, capture — conduct improper — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who, while in the hands of a hostile force in time of war or civil disturbance: (1) For the purpose of securing fa…

40.360. Signs official documents with intent to deceive — court-martial. — Any person subject to sections 40.005 to 40.490 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 …

40.365. Military property — sells, neglects, damages, destroys, loses — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who, without proper authority: (1) Sells or otherwise disposes of; (2) Willfully or through neg…

40.370. Property, not military — willfully, recklessly wastes or spoils — court-martial. — Any person subject to sections 40.005 to 40.490 who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property o…

40.375. Hazarding vessels of the United States or state, causing to be hazarded — court-martial. — 1. Any person subject to sections 40.005 to 40.490 who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state…

40.380. Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial. — Any person subject to sections 40.005 to 40.490 who is found drunk, under the influence of any intoxicant, narcotic, barbiturate or somnifacient or similar substance, on duty or sl…

40.385. Fighting — promoting a fight or duel, failure to report — court-martial. — Any person subject to sections 40.005 to 40.490 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…

40.387. Avoiding work, duty or service — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who for the purpose of avoiding work, duty or service in the state military forces: (1) Feigns illness, physical disablement, …

40.390. Riot or breach of the peace, causing or participating — court-martial. — Any person subject to sections 40.005 to 40.490 who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. ­­-------- (L. 1984 H.B. 1035 § 114)

40.395. Provocative gestures or words, constituting a threat of violence — court-martial. — Any person subject to sections 40.005 to 40.490 who uses provoking or reproachful words or gestures constituting an immediate threat to violence toward any other person subject to sections…

40.398. Perjury — giving a false oath or false testimony in a matter of inquiry — court-martial. — Any person subject to sections 40.005 to 40.490 who in a judicial proceeding or in a course of justice conducted under sections 40.005 to 40.495 and section 545.010 willfully and co…

40.400. False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial. — Any person subject to sections 40.005 to 40.490 shall, upon conviction, be punished as a court-martial may …

40.405. Larceny or wrongful appropriation of property — court-martial. — 1. Any person subject to sections 40.005 to 40.490 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 …

40.408. Officer's conduct, unbecoming to an officer and a gentleman — court-martial. — Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. ­­-------- (L. 1984 H.B. 1035 § 119)

40.410. Neglecting or prejudicing discipline of the military — bringing discredit to state military services — exceptions, court-martial. — Though not specifically mentioned in sections 40.005 to 40.490, all disorders and neglects to the prejudice of good order and discipline in …

40.415. Military property, purchasing or receiving in pawn or pledge — court-martial. — If any person shall knowingly and willfully purchase, or receive in pawn or pledge any military property of the state of Missouri or of the United States in use by the state of Missouri, he sh…

40.420. Courts of inquiry, duties, how convened — members of court — counsel, appointment — parties to inquiry, how determined, procedure — records. — 1. Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor …

40.425. Oaths, persons having authority to administer. — 1. The following members of the state military forces may administer oaths for the purposes of military administration, including military justice: (1) The state judge advocate and all assistant state judge advocates; (2) A…

40.430. Military justice — certain sections explained to enlisted members, when — complete text to be available on request. — Subsection 2 of section 40.005, sections 40.007, 40.020 to 40.040, 40.043, 40.090, 40.098, 40.126, 40.175, 40.234 to 40.415 and 40.430 to 40.440, as well …

40.435. Complaints against commanding officer, procedure. — Any member of the state military forces who believes himself wronged by the member's commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissi…

40.440. Property of person damaged or taken, board convened to investigate, procedure. — 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 t…

40.445. Processes and sentences of courts-martial executed by civil officers, fees, how paid. — In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of this state or r…

40.450. Process or mandates, authority to issue. — 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…

40.455. Fines and costs imposed by military court, how paid. — Fines and costs imposed by a military court may be paid to it or to an officer executing its process. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from a…

40.460. Civilian officers to execute required duties, failure to perform, penalty. — The neglect or refusal of any sheriff, police officer, jail warden or magistrate to execute any process, or to make proper return of all fines and penalties collected, or to receive in custody an…

40.465. Actions against convening authority or member of court, prohibited, when. — No person may bring a civil or criminal action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its procee…

40.470. Jurisdiction presumed, burden of proof. — The jurisdiction of the military courts and boards established by sections 40.005 to 40.490 shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proc…

40.475. Governor's powers to delegate authority — exception. — The governor may delegate any authority vested in him under sections 40.005 to 40.490, and may provide for the subdelegation of any such authority, except the power given him by section 40.083. ­­-------- (L. 1984 H.B…

40.480. Purpose of military laws. — Sections 40.005 to 40.490 shall be so construed as to effectuate their general purpose and, so far as practicable, to make the law uniform with the law of the United States, especially as embodied in the Uniform Code of Military Justice. ­­----…

40.485. Expenses, per diems, transportation for military personnel and civilians required to participate, how paid. — Military judges, military counsel and members of courts-martial and courts of inquiry shall be allowed transportation and per diem pay as per military grade for t…

40.490. Reemployment rights of persons ordered to active duty — attorney general to enforce rights. — Members of the state military forces of this state who are ordered to active state duty by the governor, any Missouri employee who is a member of the National Guard of another st…

40.495. Severability of sections. — Sections 40.005 to 40.490 and every part thereof are hereby declared to be independent sections or part of a section, and if any section, subsection, sentence, clause, or phrase of sections 40.005 to 40.490 shall for any reason be held unconsti…

41.010. Title of law — purpose. — It is the intent of this chapter, which shall hereafter be known as the "Missouri Military Code", to provide for the state militia and for the organization, equipment, regulations and functions thereof to conform as nearly as practicable to the l…

41.020. Federal law applicable, when. — All acts of the Congress of the United States providing for the administration, control, equipment, government and organization of the Armed Forces of the United States, together with the rules and regulations promulgated thereunder, now in…

41.025. POW and MIA designations recognized. — The state of Missouri hereby recognizes the designations of Prisoner of War (POW) and Missing in Action (MIA) as valid descriptions of casualty status and category classification for military personnel. ­­-------- (L. 2010 H.B. 1524 …

41.030. Definitions. — 1. The word "militia" as used in this code means all the active and potential military forces of the state, whether organized or unorganized. 2. Whenever reference is made in the articles of Uniform Code of Military Justice to the "military service" or to t…

41.033. Antiterrorism fund created, purpose — reversion to general revenue prohibited — governor to direct expenditures — antiterrorism activities defined. — 1. The "Antiterrorism Fund" is hereby established within the state treasury. The state treasurer shall be custodian of the…

41.035. Missouri department of the National Guard established. — 1. There is hereby created and established as a department of state government the "Missouri Department of the National Guard" headed by the adjutant general as provided in Article IV of the Constitution of Missouri…

41.036. Contingent effective date. — The enactment of section 41.035 and the repeal and reenactment of section 650.005 of this act* shall become effective only upon approval by the voters of an amendment to article IV of the Constitution of Missouri that establishes the Missouri …

41.040. Military division of executive department — what constitutes. — The militia of the state of Missouri, which includes the adjutant general and his office, constitutes the military division of the executive department of the state government, under the direct control of the…

41.050. State militia, members. — The militia of the state shall include all able-bodied citizens and all other able-bodied residents, who, in the case of the unorganized militia and the Missouri state defense force, shall be more than seventeen years of age and not more than six…

41.060. Militia service, persons exempt. — The following persons shall be exempt from militia service: (1) Persons exempt from militia service by the laws of the United States; (2) Regular or duly ordained ministers of religion, or duly elected church officials regularly conducti…

41.070. Organized and unorganized militia. — 1. The militia of the state is divided into two classes, the organized militia and the unorganized militia. 2. The organized militia shall consist of the following: (1) Such elements of the land and air forces of the National Guard of …

41.080. Military forces, how organized — oath. — 1. The National Guard, the Air National Guard and the naval militia will be organized in accordance with the allocations therefor accepted from the federal government. 2. The National Guard, the Air National Guard and the naval mil…

41.090. Rules and regulations. — The governor shall make and publish such regulations governing the organization, discipline and training of the militia of the state as may be necessary to the efficiency thereof, and such regulations shall have the authority of law, provided that…