Title 33 — MILITARY AFFAIRS

If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a p…

The state statute applicable to persons incompetent to stand trial shall apply in the case of a person hospitalized pursuant to this code, except that the state trial court with felony jurisdiction in the county where the person is hospitalized shall be considered as the court th…

4247(d). Except as otherwise provided in this section and § 33-10-239 , the state statute most closely comparable to 18 U.S.C. 4247(d) as of January 1, 2012, apply in the administration of §§ 33-10-227 to 33-10-237 , inclusive. In the application of the state statute most closely…

§ 4241 et seq.--Change of status. The state statute most closely comparable to chapter 313 of Title 18, United States Code, 18 U.S.C. § 4241 et seq. as of January 1, 2012, referred to in this section apply according to the provisions of this section notwithstanding section 4247(j…

No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service. Source: SL 2012, ch 175 , § 5.

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 which if directly performed by the person would be punishable by this code; is a principal. Source:…

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. So…

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 in the offense charged. Source: SL 2012, ch 175 , § 223.

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. Source: SL 2012, ch 175 , § 224.

Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed. Source: SL 2012, ch 175 , § 225.

Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. Source: SL 2012, ch 175 , § 226.

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. Source: SL 2012, ch 175 , § 227.

Any person subject to this code who solicits or advises another or others to desert in violation of § 33-10-251 or mutiny in violation of § 33-10-262 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission …

Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of § 33-10-268 or sedition in violation of § 33-10-262 shall, if the offense solicited or advised is committed, be punished with the punishment …

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 the person's qualifications for that enlistment or appointment and receives pay or allowances there under; or (2) P…

This code has applicability at all times and in all places, provided that either the person subject to the code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state m…

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 the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or ord…

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 there from permanently; (2) Quits the member's unit, organization, or place of duty with intent to avoid haz…

Any commissioned officer of the state military forces who, after tender of the officer's resignation and before notice of its acceptance, quits the officer's post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. Source: S…

Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other…

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

Any person subject to this code 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-martial may direct. Source: SL 2012, ch 175 , § 236.

Any commissioned officer who uses contemptuous words against the President, the Governor, or Legislature of this state shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 237.

Any person subject to this code who behaves with disrespect toward the person's superior commissioned officer shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 238.

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

Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office; (2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or…

Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offen…

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, which it is the person's duty to obey, fails to obey the order; or (3) Is der…

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to the person's orders shall be punished as a court-martial may direct. Source: SL 2012, ch 175 , § 242.

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.