Title MIL, Military

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

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

§ 130.78. Solicitation. (a) Any person subject to this code who solicits or advises another or others to desert in violation of section 130.81 or mutiny in violation of section 130.90 shall, if the offense solicited or advised is attempted or committed, be punished with the puni…

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

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

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

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

§ 130.82. Absence without leave. Any person subject to this code who, without proper authority-- (1) fails to go to his appointed place of duty at the time prescribed; or (2) goes from that place; or (3) absents himself or remains absent from his unit, organization, or other pla…

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

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

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

§ 130.86. Assaulting or willfully disobeying officer. Any person subject to this code who-- (1) strikes his superior officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or (2) wilfully disobeys a lawful command o…

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

§ 130.88. Failure to obey order or regulations. Any person subject to this code who-- (1) violates or fails to obey any lawful general order or regulation; or (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fai…

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

§ 130.9. Imposition of restraint. (a) Arrest is the restraint of a person by an order not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person. (b) An enlisted person may be ordered app…

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

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

§ 130.92. Releasing prisoner without proper authority. Any person subject to this code who, without proper authority, releases any prisoner duly committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial ma…

§ 130.93. Unlawful detention of another. Any person subject to this code who, except as provided by law or regulations, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

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

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

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

§ 130.97. Improper use of countersign. Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or coun…

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

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

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

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

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

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

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

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

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

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

§ 131.6. Marshals. (a) Summary courts-martial and the military judges or presidents of other courts-martial and of courts of inquiry may each appoint and, at any time, remove one or more marshals. (b) Each marshal shall perform the usual duties of such marshals and shall execute…

§ 131.7. Process of military courts. (a) Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in said courts. Such courts shall have power to issue subpoenae and subpoenae duces tecum and to enforce by a…

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

§ 131.9. Immunity for action of military courts or boards. No action or proceeding shall be prosecuted or maintained against the convening authority or a member of a military court or board or officer or person acting under its authority or reviewing its proceedings, on account …

§ 14. Staff of the adjutant general. There shall be under the adjutant general a staff to consist of the deputy adjutant general, the chief of staff and such other officers as the adjutant general shall appoint provided, that each force of the organized militia shall be represen…

§ 15. The attorney general. The attorney general of the state shall give such legal advice and assistance to the adjutant general as he may request.

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

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

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

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

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

§ 169. Resumption of membership in organized militia by national guardsmen on return from active federal service. Upon their release from the service of the United States, the commissioned officers, warrant officers and enlisted personnel of the New York national guard who have …

§ 17. Purchase of military property. Under the direction of the governor, the adjutant general shall authorize the purchase of such military property as may be required for the use of the organized militia. In extreme emergencies, however, the commanding officer of any unit of t…

§ 170. Duties, privileges and immunities. All duties imposed by the military law or other statute of the state or by regulations issued hereunder, upon units, commissioned officers, warrant officers and enlisted personnel, respectively, of the organized militia are hereby impose…

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

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