Title 30, Title 30 Affairs and Defense

(a) Before the vacation of the suspension of a special court-martial sentence that, as approved, includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alle…

At any time within two (2) years after approval by the convening authority of a court-martial sentence that extends to dismissal, or dishonorable or bad-conduct discharge, the accused may petition the governor for a new trial on the grounds of newly discovered evidence or fraud o…

(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordanc…

(a) Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehea…

The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclus…

No person may be tried or punished for any offense provided for in §§ 30-13-77 — 30-13-120, unless it was committed while that person was in a duty status.

Any person subject to this code who: (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done that if directly performed by that person would be punishable by this code; is a principal.

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender’s apprehension, trial, or punishment shall be punished as a court-martial may direct.

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.

Any civil 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 forces and deliver him or her into the cust…

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

Any person subject to this code who conspires with any other person 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.

(a) Any person subject to this code who solicits or advises another or others to desert in violation of § 30-13-85 or mutiny in violation of § 30-13-94 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commissio…

Any person who: (1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) Proc…

Any person subject to this code who effects an enlistment or appointment in, or a separation from, the state military forces of any person, who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or …

(a) Any member of the state military forces who: (1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his or her unit, organization, or place of duty with intent to avoid haza…

Any person subject to this code who, without authority: (1) Fails to go to his or her appointed place of duty at the time prescribed; (2) Goes from that place; or (3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or …

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

Any person subject to this code who uses contemptuous words against the president, the governor of this state, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving shall be punished as a court-martial may direct.

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

(a) “Arrest” is the restraint of a person by an order, not imposed as a punishment for an offense, directing that person to remain within certain specified limits. “Confinement” is the physical restraint of a person. (b) An enlisted member may be ordered into arrest or confinemen…

Any person subject to this code who: (1) Strikes his or her superior commissioned officer, or draws or lifts up any weapon, or offers any violence against that officer while he or she is in the execution of his or her office; or (2) Willfully disobeys a lawful command of his or h…

Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer, non-commissioned officer, petty officer, or specialist above the grade E-4 while that person is in the execution of his or her office; (2) Willfully disobeys the lawful order of a warrant offic…

Any person subject to this code who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by a member of the state military forces that it is that person’s duty to obey, fails to obey the order; or (3) Is dere…

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

(a) Any person subject to this code who: (1) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny; (2) With intent to cause t…

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.

Any person subject to this code who, without proper authority, releases any prisoner committed to that person’s charge, or who through neglect or design suffers that prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in …

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

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 provision of this code regulating the proceedings…

Any person subject to this code who before or in the presence of the enemy: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property that it is his or her duty to defend; (3) Through disobedience, neglect, or intentional mi…