Title MIL, Military

§ 130.76. Attempts. (a) An act, done with specific intent to commit\nan offense under this code, amounting to more than mere preparation and\ntending but failing to effect its commission, is an attempt to commit\nthat offense.\n (b) Any person subject to this code who attempts t…

§ 130.77. Conspiracy. Any person subject to this code who conspires\nwith any other person or persons to commit an offense under this code\nshall, if one or more of the conspirators does an act to effect the\nobject of the conspiracy, be punished as a court-martial may direct.\n…

§ 130.78. Solicitation. (a) Any person subject to this code who\nsolicits or advises another or others to desert in violation of section\n130.81 or mutiny in violation of section 130.90 shall, if the offense\nsolicited or advised is attempted or committed, be punished with the\n…

§ 130.79. Fraudulent enlistment, appointment, or separation. Any\nperson who--(1) procures his own enlistment or appointment in the\norganized militia by means of knowingly false representations or\ndeliberate concealment as to his qualifications for such enlistment or\nappointm…

§ 130.8. Apprehension of deserters. It shall be lawful for any civil\nofficer having authority to apprehend offenders under the laws of the\nUnited States or of any state, district, territory or possession of the\nUnited States summarily to apprehend a deserter from the organize…

§ 130.80. Unlawful enlistment, appointment, or separation. Any person\nsubject to this code who effects an enlistment or appointment in or a\nseparation from the organized militia of any person who is known to him\nto be ineligible for such enlistment, appointment, or separation…

§ 130.81. Desertion. (a) Any member of the organized militia who--\n (1) without proper authority goes or remains absent from his place of\nservice, organization, or place of duty with intent to remain away\ntherefrom permanently; or\n (2) quits his unit or organization or place…

§ 130.82. Absence without leave. Any person subject to this code who,\nwithout proper authority--\n (1) fails to go to his appointed place of duty at the time prescribed;\nor\n (2) goes from that place; or\n (3) absents himself or remains absent from his unit, organization, or\n…

§ 130.83. Missing movement. Any person subject to this code who\nthrough neglect or design misses the movement of a ship, aircraft, or\nunit with which he is required in the course of duty to move shall be\npunished as a court-martial may direct.\n

§ 130.84. Contempt towards officials. Any person subject to this code\nwho uses contemptuous words against the president, the governor or the\nlegislature shall be punished as a court-martial may direct.\n

§ 130.85. Disrespect towards superior officer. Any person subject to\nthis code who behaves with disrespect towards his superior officer shall\nbe punished as a court-martial may direct.\n

§ 130.86. Assaulting or willfully disobeying officer. Any person\nsubject to this code who--\n (1) strikes his superior officer or draws or lifts up any weapon or\noffers any violence against him while he is in the execution of his\noffice; or\n (2) wilfully disobeys a lawful co…

§ 130.87. Insubordinate conduct toward noncommissioned officer or\nwarrant officer. Any warrant officer or enlisted person who--\n (1) strikes or assaults a warrant officer, noncommissioned officer, or\npetty officer, while such officer is in the execution of his office; or\n (2…

§ 130.88. Failure to obey order or regulations. Any person subject to\nthis code who--\n (1) violates or fails to obey any lawful general order or regulation;\nor\n (2) having knowledge of any other lawful order issued by a member of\nthe armed forces, which it is his duty to ob…

§ 130.89 Cruelty and maltreatment. Any person subject to this code\nwho is guilty of cruelty toward, or oppression or maltreatment of, any\nperson subject to his order shall be punished as a court-martial may\ndirect.\n

§ 130.9. Imposition of restraint. (a) Arrest is the restraint of a\nperson by an order not imposed as a punishment for an offense, directing\nhim to remain within certain specified limits. Confinement is the\nphysical restraint of a person.\n (b) An enlisted person may be ordere…

§ 130.90. Mutiny or sedition. (a) Any person subject to this code--\n (1) who with intent to usurp or override lawful military authority\nrefuses, in concert with any other person or persons, to obey orders or\notherwise do his duty or creates any violence or disturbance is guil…

§ 130.91. Arrest and confinement. Any person subject to this code who\nresists apprehension or breaks arrest or who escapes from custody or\nconfinement shall be punished as a court-martial may direct.\n

§ 130.92. Releasing prisoner without proper authority. Any person\nsubject to this code who, without proper authority, releases any\nprisoner duly committed to his charge, or who through neglect or design\nsuffers any such prisoner to escape, shall be punished as a\ncourt-martia…

§ 130.93. Unlawful detention of another. Any person subject to this\ncode who, except as provided by law or regulations, apprehends, arrests,\nor confines any person shall be punished as a court-martial may direct.\n

§ 130.94. Noncompliance with procedural rules. Any person subject to\nthis code who--\n (1) is responsible for unnecessary delay in the disposition of any\ncase of a person accused of an offense under this code; or\n (2) knowingly and intentionally fails to enforce or comply wit…

§ 130.95. Misbehavior before the enemy. Any person subject to this\ncode who before or in the presence of the enemy--\n (1) runs away; or\n (2) shamefully abandons, surrenders, or delivers up any command, unit,\nplace, or military property which it is his duty to defend; or\n (3…

§ 130.96. Subordinate compelling surrender. Any person subject to\nthis code who compels or attempts to compel a commander of any place,\nvessel, aircraft, or other military property, or of any body of members\nof the armed forces of the United States or of any other state, or o…

§ 130.97. Improper use of countersign. Any person subject to this\ncode who in time of war discloses the parole or countersign to any\nperson not entitled to receive it, or who gives to another who is\nentitled to receive and use the parole or countersign a different parole\nor …

§ 130.98. Forcing a safeguard. Any person subject to this code who\nforces a safeguard shall be punished as a court-martial may direct.\n

§ 130.99. Captured or abandoned property. (a) All persons subject to\nthis code shall secure all public property taken from the enemy for the\nservice of the United States, and shall give notice and turn over to the\nproper authority without delay all captured or abandoned prope…

§ 131.1. Courts of inquiry. (a) Courts of inquiry to investigate any\nmatter may be convened by the governor or by any other person designated\nby the governor for that purpose whether or not the persons involved\nhave requested such an inquiry.\n (b) A court of inquiry shall co…

§ 131.10. Presumption of jurisdiction. The jurisdiction of the\nmilitary courts and boards established by this chapter shall be presumed\nand the burden of proof shall rest on any person seeking to oust such\ncourts or boards of jurisdiction in any action or proceeding.\n

§ 131.11. Delegation by the governor. The governor is authorized to\ndelegate any authority vested in him under this code, and to provide for\nthe subdelegation of any such authority, except with respect to the\npower vested in him under section 130.22 of this code.\n

§ 131.12. Short title. This article shall be known and may be cited\nand referred to as the "New York Code of Military Justice".\n

§ 131.2. Authority to administer oaths. (a) The following officers of\nthe organized militia shall have power to administer oaths for the\npurposes of military administration, including military justice, and\naffidavits may be taken for such purposes before such officers:\n (1) …

§ 131.3. Articles to be explained. Sections 130.2, 130.3, 130.7\nthrough 130.15, 130.25, 130.27, 130.31, 130.37, 130.38, 130.55, 130.73\nthrough 130.115 and 131.3 through 131.5 of this code shall be carefully\nexplained to every enlisted person at the time of his enlistment or\n…

§ 131.4. Complaints of wrongs. Any member of the organized militia\nwho believes himself wronged by his commanding officer, and, upon due\napplication to such commander, is refused redress, may complain to any\nsuperior officer who shall forward the complaint to the adjutant\nge…

§ 131.5. Redress of injuries to property. (a) Whenever complaint is\nmade to any commanding officer that willful damage has been done to the\nproperty of any person or that his property has been wrongfully taken by\nmembers of the organized militia he may, subject to such regula…

§ 131.6. Marshals. (a) Summary courts-martial and the military judges\nor presidents of other courts-martial and of courts of inquiry may each\nappoint and, at any time, remove one or more marshals.\n (b) Each marshal shall perform the usual duties of such marshals and\nshall ex…

§ 131.7. Process of military courts. (a) Military courts are\nempowered to issue all process and mandates necessary and proper to\ncarry into full effect the powers vested in said courts. Such courts\nshall have power to issue subpoenae and subpoenae duces tecum and to\nenforce …

§ 131.8. Payment of fines and disposition thereof. Fines may be paid\nto a military court or to an officer executing its process. The amount\nof any such fine may be noted upon any state roll or account for pay of\nthe delinquent and deducted from any pay or allowance due or the…

§ 131.9. Immunity for action of military courts or boards. No action\nor proceeding shall be prosecuted or maintained against the convening\nauthority or a member of a military court or board or officer or person\nacting under its authority or reviewing its proceedings, on accou…

§ 14. Staff of the adjutant general. There shall be under the\nadjutant general a staff to consist of the deputy adjutant general, the\nchief of staff and such other officers as the adjutant general shall\nappoint provided, that each force of the organized militia shall be\nrepr…

§ 15. The attorney general. The attorney general of the state shall\ngive such legal advice and assistance to the adjutant general as he may\nrequest.\n

§ 16. Audit of military accounts. The comptroller of the state shall\nbe the auditor of all military accounts payable by the state. Such\naccounts shall be approved by the adjutant general prior to submission\nto the comptroller.\n

§ 165. Organization, order to and relief from active duty or active\nservice. 1. The New York guard may be created, organized, established\nand maintained in the discretion of the governor at any time when such\naction is not prohibited under the laws of the United States. Excep…

§ 166. Organization, composition and strength of the New York guard.\nNotwithstanding any contrary provision of law, whenever in his judgment\nthe effectiveness of the New York guard will be thereby increased or in\norder to conform the organization of the New York guard to the\…

§ 167. Assignment and transfer of officers to the New York guard.\nNotwithstanding any contrary provision of law, upon the recommendation\nof the adjutant general:\n 1. The governor may order any person on the state reserve list or on\nthe state retired list to duty with the New…

§ 168. Assignment and transfer of enlisted personnel to the New York\nguard. Notwithstanding any contrary provision of law, enlisted persons\nof other forces of the organized militia may be assigned, transferred or\ndetailed to duty with the New York guard or any unit, headquart…

§ 169. Resumption of membership in organized militia by national\nguardsmen on return from active federal service. Upon their release\nfrom the service of the United States, the commissioned officers,\nwarrant officers and enlisted personnel of the New York national guard\nwho h…

§ 17. Purchase of military property. Under the direction of the\ngovernor, the adjutant general shall authorize the purchase of such\nmilitary property as may be required for the use of the organized\nmilitia. In extreme emergencies, however, the commanding officer of any\nunit …

§ 170. Duties, privileges and immunities. All duties imposed by the\nmilitary law or other statute of the state or by regulations issued\nhereunder, upon units, commissioned officers, warrant officers and\nenlisted personnel, respectively, of the organized militia are hereby\nim…

§ 175. Definition of an armory. The word "armory" whenever used in\nthis chapter shall include any building, buildings, vessel, vessels,\nquarters or other facilities and real property devoted to the use of the\norganized militia and designated as an armory by the adjutant gener…

§ 176. Dock facilities for the New York naval militia. 1. The\nadjutant general is hereby authorized and empowered to furnish dock\nfacilities including wharves, piers, bulkheads, slips, basins, docks and\nwater fronts for the use of the New York naval militia and to determine\n…