Title 38, MILITIA AND MILITARY AFFAIRS

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 him or her while he or she is in the execution of his or her office; or (2) Willfully disobeys a lawful command of his or her s…

Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer's office; (2) Wilfully disobeys the lawful order of a warrant officer or noncommissioned officer; or (3) Treats w…

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

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. [ 2011 c 336 s 781; 1963 c 220 s 92.]

(1) Any person subject to this code who: (a) 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; (b) 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. [ 1963 c 220 s 94.]

Any person subject to this code who, without proper authority, releases any prisoner committed to his or her 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 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. [ 1963 c 220 s 96.]

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 organized militia of the state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punish…

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 his or her k…

Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct. [ 1963 c 220 s 101.]

(1) 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 in their possession, custody, or control. …

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 his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever …

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.…

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

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 the state shall be punished as a court-martial may direct. [ 2009 c 378 s 23;…

(1) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct. (2) Any person subject to this code who negligently h…

(1) Any person subject to this code who: (a) Operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in RCW 38.38.762; or (b) Operates or is in actual physical control of any vehicle, aircraft, or …

(1) Any person subject to this code who wrongfully uses, possesses, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces or organized militia a substance described in subsection (2) of this section shall be…

Any person subject to this code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before he or she is regularly relieved, shall be punished as a court-martial may direct. [ 2011 c 336 s 787; 1963 c 220 s 110.]

Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.…

Any person subject to this code who for the purpose of avoiding work, duty or service in the organized militia: (1) Feigns illness, physical disablement, mental lapse or derangement; or (2) Intentionally inflicts self-injury; shall be punished as a court-martial may direct. [ 198…

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. [ 1963 c 220 s 113.]

Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct. [ 1963 c 220 s 114.]

Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another member of the organized militia, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct. [ 200…

(1) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind: (a) With intent permanently to deprive or defraud another person o…

Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code wilfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of in…

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 who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. [ 1963 c 220 s 118.]

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, acc…

(1) Courts of inquiry to investigate any matter may be convened by the governor, the adjutant general, or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry: PROVIDED, That upon the request of the of…

(1) The following members of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public: (a) The state judge advocat…

(1) RCW 38.38.008, 38.38.012, 38.38.064 through 38.38.132, 38.38.252, 38.38.260, 38.38.372, 38.38.480, 38.38.624 through * 38.38.792, and 38.38.848 through 38.38.860 shall be carefully explained to every enlisted member: (a) At the time of the member's enlistment or transfer or i…

Members of the organized militia who believe themselves wronged by their commanding officer, and who, upon due application to that commanding officer, are refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the governor or adjuta…

(1) Whenever complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the organized militia, the commanding officer may, subject to such regulations as the gove…

In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state. [ 1989 c 48 s 77; 1963 c 220 s 125.]

(1) Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenae and subpoenae duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state …

Fines imposed by a military court may be paid to it or to an officer executing its process. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due the person, until the…

No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collect…

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. [ 1963 c 220 s 129.]

The governor may delegate any authority vested in him or her under this code, and may provide for the subdelegation of any such authority, except the power given him or her by RCW 38.38.192 and 38.38.240. [ 2011 c 336 s 788; 1963 c 220 s 130.]

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and, so far as practical, to make that law uniform with the law of the United States. [ 1963 c 220 s 131.]

This chapter may be cited as the "Washington code of military justice." [ 1963 c 220 s 132.]