Title V — MILITARY AFFAIRS AND POLICE

40.165. Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law. — 1. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot.…

40.168. Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect. — 1. No person may be convicted of an offense, except by the concurrence of all of the members present at the time the vote is taken unless such person enter…

40.170. Sentence and findings announced, when. — A court-martial shall announce its findings and sentence to the parties as soon as determined. ­­-------- (L. 1984 H.B. 1035 § 54)

40.173. Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when. — 1. Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticate…

40.175. Cruel and unusual punishment prohibited. — Punishment by flogging, or by branding, or marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to sections 40.005 to 40.490. Th…

40.178. Punishment, governor may prescribe limits. — The punishment which a court-martial may direct for any offense may not exceed such limits as the governor may prescribe for that offense subject to the limits prescribed by sections 40.005 to 40.490. ­­-------- (L. 1984 H.B. 1…

40.180. Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when. — 1. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowance…

40.183. Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized. — 1. 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 dismissa…

40.185. Sentence, convening authority may approve, suspend or commute. — Except as provided in section 40.183, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by that authority. The convening authority shall approve the…

40.190. Trial record review by reviewing authority. — After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the t…

40.193. Opinion on general court-martial — drafted by whom — acquittal, limitations. — The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer, who shall submit his written opinion thereon to the convening authorit…

40.195. Record returned for reconsideration, when. — 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 a…

40.198. Rehearing limitations — dismissal of charges, when. — 1. If the convening authority disapproves the findings and sentence of a court-martial that authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In …

40.200. Sentence, approval by convening authority — powers. — In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact …

40.203. Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial. — 1. When the governor has taken final action in a court-martial case in which he is the convening authority, there shall be no…

40.205. Record of trial examined by judge advocate — board of review to review, when. — Every record of trial by general court-martial in which there has been a finding of guilty and a sentence, and every record of trial by special court-martial in which the sentence as approved …

40.208. Boards of review — appointment — membership — qualifications — powers and duties. — 1. The state judge advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the Missouri Bar and …

40.210. Error of law, findings or sentence not incorrect unless prejudicial to rights of accused. — 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.…

40.214. Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications. — Upon review of the record of trial by general court-martial in which there has been a finding of guilty and a sentence and upon review o…

40.216. Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers. — 1. No sentence extending to the dismissal of a commissioned officer or dishonorable discharge or bad conduct discharge shall be executed until approved b…

40.218. Probationer, violations — hearing, rights of probationer to counsel — procedure. — 1. Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer havi…

40.220. New trial, petition by accused when, grounds — time limitation. — 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 fo…

40.225. Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when. — 1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures, other…

40.228. Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect. — 1. Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an…

40.230. Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts. — The proceedings, findings and sentences of court-martial as reviewed and approved, as required by sections 40.005 to 40.490, and all dismissals and discharges…

40.231. Appeals from final decisions, how made. — Appeals from final decisions in all courts-martial shall be made pursuant to Article V, Section 3 of the Constitution of this State. ­­-------- (L. 1986 H.B. 1505)

40.234. Duty status required for conviction on certain offenses. — No person may be tried or punished for any offense provided for in sections 40.237 to 40.415, unless it was committed while the person was in a duty status. ­­-------- (L. 1984 H.B. 1035 § 77)

40.237. Principal in actions defined. — Any person subject to sections 40.005 to 40.490 is a "principal" who: (1) Commits an offense punishable by sections 40.005 to 40.490, or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if d…

40.240. Assists offender, how punished. — Any person subject to sections 40.005 to 40.490 who, knowing that an offense punishable by sections 40.005 to 40.490 has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension…

40.245. Attempt to commit offense may be part of offense. — 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. ­­-------- (L. 1984 H.B. 1035 § 8…

40.250. Attempt to commit offense even though failing in commission is offense, when. — 1. An act, done with specific intent to commit an offense under sections 40.005 to 40.490, amounting to more than mere preparation and tending, even though failing, to effect its commission, i…

40.255. Conspirators, deemed to have committed offense, when. — Any person subject to sections 40.005 to 40.490 who conspires with any other person to commit an offense under sections 40.005 to 40.490 shall, if one or more of the conspirators does an act to effect the object of t…

40.260. Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment. — 1. Any person subject to sections 40.005 to 40.490 who solicits or advises another or others to desert in violation o…

40.265. False representation to procure enlistment — appointment — separation — court-martial proceedings. — Any person who: (1) Procures his own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's …

40.270. Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial. — Any person subject to sections 40.005 to 40.490 who effects an enlistment or appointment in or a separation from the state military forces of any person who is known t…

40.273. Desertion, defined — punishment by court-martial. — 1. Any member of the state military forces who: (1) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his unit, or…

40.276. Absent from place of duty — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who, without authority: (1) Fails to go to the person's appointed place of duty at the time prescribed; (2) Goes from that place; o…

40.278. Missing ship, aircraft or unit — court-martial. — Any person subject to sections 40.005 to 40.490 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-ma…

40.280. Contemptuous words, used against certain officials — court-martial. — Any person subject to sections 40.005 to 40.490 who uses contemptuous words against the President of the United States, Vice President of the United States, Congress, Secretary of Defense, or a secretar…

40.285. Disrespect to superior commissioned officer — court-martial. — Any person subject to sections 40.005 to 40.490 who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. ­­-------- (L. 1984 H.B. 1035 § 90)

40.290. Violence or willfully disobeying command of superior commissioned officer. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who: (1) Strikes the person's superior commissioned officer or draws or lifts up any weapon or offe…

40.295. Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when. — Any warrant officer or enlisted member shall be punished as a court-martial may direct who: (1) Strikes or assaults a warrant officer, noncommissione…

40.300. Orders — failure or dereliction in obeying — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawfu…

40.305. Cruelty or maltreatment of persons subject to his orders — court-martial. — Any person subject to sections 40.005 to 40.490 who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.…

40.307. Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial. — 1. Any person subject to sections 40.005 to 40.490 who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person,…

40.310. Arrest, resists or breaks — escape from confinement — court-martial. — Any person subject to sections 40.005 to 40.490 who resists apprehension or breaks arrest or who escapes from physical custody, restraint, or confinement lawfully imposed shall be punished as a court-m…

40.312. Escape by neglect or improper release of prisoners — court-martial. — Any person subject to sections 40.005 to 40.490 who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall …

40.315. False apprehension, arrest, confinement — court-martial. — Any person subject to sections 40.005 to 40.490 who, except as provided by law or regulation, apprehends, arrests, restrains, or confines any person shall be punished as a court-martial may direct. ­­-------- (L. …

[Repealed or reserved.]

40.325. Hostile force, in presence of, commits certain offenses — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who before or in the presence of a hostile force: (1) Runs away; (2) Shamefully abandons, surrenders,…