Title 33, MILITARY AFFAIRS

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 the person's duty or creates any violence or disturbance is guilty of mutiny; (2) With intent to cause th…

A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 244.

Any person subject to this code who: (1) Resists apprehension; (2) Flees from apprehension; (3) Breaks arrest; or (4) Escapes from custody or confinement; shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 245.

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

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. Source: SL 2012, ch 175 , § 247.

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 which it is the person's duty to defend; (3) Through disobedience, neglect, or intentional…

Any person subject to this code who compels or attempts to compel the commander of any of the state military forces of the state, or of any other state, place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy o…

The senior force judge advocates in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force. Source: SL 2012, ch 175 , § 8.

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 countersign from that which, to the person'…

Each person subject to this code shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in the person's possession, custody, or control.…

Any person subject to this code who: (1) Fails to carry out the duties prescribed in § 33-10-271 ; (2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to hi…

Any person subject to this code who: (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercou…

Any person subject to this code who, while in the hands of the enemy in time of war: (1) For the purpose of securing favorable treatment by the person's captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whateve…

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be fals…

Any person subject to this code who, without proper authority: (1) Sells or otherwise disposes of; (2) Willfully or through neglect damages, destroys, or loses; or (3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any milita…

Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct. Source: SL 2012, c…

Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any state military forces shall suffer such punishment as a court-martial may direct. Source: SL 2012, ch 175 , § 259.

Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or any state military forces shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 260.

Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate comma…

Any person subject to this code other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 261.

Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the…

The substances referred to in § 33-10-281 are the following: (1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance; (2) Any substance not specified i…

Any sentinel or look-out who is found drunk, or under the influence of a controlled substance identified in § 33-10-282 , or sleeping upon the sentinel's or look-out's post or leaves it before being properly relieved, shall be punished as a court-martial may direct. Source: SL 20…

Any person subject to this code who for the purpose of avoiding work, duty, or service: (1) Feigns illness, physical disablement, mental lapse, or derangement; or (2) Intentionally inflicts self-injury; shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § …

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 266.

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 267.

Any person subject to this code: (1) Who, knowing it to be false or fraudulent: (a) Makes any claim against the United States, the state, or any officer thereof; or (b) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the…

Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 269.

Though not specifically mentioned in this code, any disorder and neglect to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and pu…

No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case. Source: SL 2012, ch 175 , § 10.

Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry. Source: SL 2012, ch 175 , § 271.

A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. Source: SL 2012, ch 175 , § 272.

Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a …

Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. Source: SL 2012, ch 175 , § 274.

The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. Source: SL 2012, ch 175 , § 275.

Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial. Source: SL 2012, ch 175 , § 276.

Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority. Source: SL 2012, ch 175 , § 277.

Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member…

The following persons may administer oaths for the purposes of military administration, including military justice: (1) All judge advocates; (2) All summary courts-martial officers; (3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (4) All command…

The following persons may administer oaths necessary in the performance of their duties: (1) The president, military judge, and trial counsel for all general and special courts-martial; (2) The president and the counsel for the court of any court of inquiry; (3) All officers desi…

Apprehension is the taking of a person into custody. Source: SL 2012, ch 175 , § 11.

For the purposes of sections §§ 33-10-298 and 33-10-299 , the signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority. Source: SL 2012, ch 175 , § 281.

Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer…

The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by § 33-10-67 . Source: SL 2012, ch 175 , § 283.

The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration…