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U.S. State Codes
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Missouri
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Title V - Military Affairs ...
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Chapter 40 - Military Justice
Chapter 40 - Military Justice
Section 40.005 Definitions — law applicable to all state military forces not in federal service.
Section 40.007 Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court.
Section 40.010 Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when.
Section 40.015 Jurisdiction of military courts.
Section 40.017 State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions.
Section 40.020 Apprehension defined — authority to apprehend, when.
Section 40.023 Absent without leave, authority to apprehend — offender outside state, procedure.
Section 40.025 Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer.
Section 40.030 Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when.
Section 40.035 Confinement, where.
Section 40.036 Jails and prisons required to keep prisoners, when — official's duties.
Section 40.038 Confinement requirements — other punishment prohibited — exception.
Section 40.040 Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when.
Section 40.043 Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial.
Section 40.050 Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction.
Section 40.055 General courts-martial, jurisdiction — punishment.
Section 40.060 Special courts-martial, jurisdiction — punishment — exceptions.
Section 40.065 Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial.
Section 40.070 Discharges or dismissals by courts-martial, requirements — governor's approval required.
Section 40.075 Sentence to confinement at one dollar a day instead of fine — limitations.
Section 40.079 Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when.
Section 40.083 Convening general courts-martial, persons authorized.
Section 40.085 Convening special courts-martial, persons authorized.
Section 40.088 Convening summary courts-martial, persons authorized.
Section 40.090 Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons.
Section 40.095 Military judge — appointment — qualifications — duties — restrictions.
Section 40.098 Trial counsel and defense counsel appointed, when — qualifications — restrictions.
Section 40.100 Court reporters, appointment, when.
Section 40.105 Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure.
Section 40.108 Charges — contents — oath — accused to be informed.
Section 40.112 Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence.
Section 40.114 Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure.
Section 40.117 Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements.
Section 40.119 Referring charges for trial requirements to be met in general court-martial.
Section 40.121 Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial.
Section 40.124 Procedure in military courts.
Section 40.126 Attempts to influence or coerce court prohibited — exceptions.
Section 40.128 Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties.
Section 40.130 Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members.
Section 40.133 Continuances, granted, when.
Section 40.135 Challenges, general or special court-martial.
Section 40.138 Oath required for all judges, members, counsel, reporters, interpreters.
Section 40.141 Time limitation to bring action — war time, certain offenses no limitation — computation.
Section 40.144 Res judicata to apply, when — exception not a bar to civilian prosecution.
Section 40.148 Not guilty plea, entered when.
Section 40.150 Witnesses and evidence, authority to obtain.
Section 40.153 Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute.
Section 40.155 Contempt, authority of military court — penalties.
Section 40.157 Depositions authorized, when — procedure — exception — admitted into evidence, when.
Section 40.160 Sworn testimony in court of inquiry, record admissible in evidence, when — exception.
Section 40.165 Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law.
Section 40.168 Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect.
Section 40.170 Sentence and findings announced, when.
Section 40.173 Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when.
Section 40.175 Cruel and unusual punishment prohibited.
Section 40.178 Punishment, governor may prescribe limits.
Section 40.180 Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when.
Section 40.183 Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized.
Section 40.185 Sentence, convening authority may approve, suspend or commute.
Section 40.190 Trial record review by reviewing authority.
Section 40.193 Opinion on general court-martial — drafted by whom — acquittal, limitations.
Section 40.195 Record returned for reconsideration, when.
Section 40.198 Rehearing limitations — dismissal of charges, when.
Section 40.200 Sentence, approval by convening authority — powers.
Section 40.203 Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial.
Section 40.205 Record of trial examined by judge advocate — board of review to review, when.
Section 40.208 Boards of review — appointment — membership — qualifications — powers and duties.
Section 40.210 Error of law, findings or sentence not incorrect unless prejudicial to rights of accused.
Section 40.214 Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications.
Section 40.216 Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers.
Section 40.218 Probationer, violations — hearing, rights of probationer to counsel — procedure.
Section 40.220 New trial, petition by accused when, grounds — time limitation.
Section 40.225 Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when.
Section 40.228 Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.
Section 40.230 Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts.
Section 40.231 Appeals from final decisions, how made.
Section 40.234 Duty status required for conviction on certain offenses.
Section 40.237 Principal in actions defined.
Section 40.240 Assists offender, how punished.
Section 40.245 Attempt to commit offense may be part of offense.
Section 40.250 Attempt to commit offense even though failing in commission is offense, when.
Section 40.255 Conspirators, deemed to have committed offense, when.
Section 40.260 Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment.
Section 40.265 False representation to procure enlistment — appointment — separation — court-martial proceedings.
Section 40.270 Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial.
Section 40.273 Desertion, defined — punishment by court-martial.
Section 40.276 Absent from place of duty — court-martial.
Section 40.278 Missing ship, aircraft or unit — court-martial.
Section 40.280 Contemptuous words, used against certain officials — court-martial.
Section 40.285 Disrespect to superior commissioned officer — court-martial.
Section 40.290 Violence or willfully disobeying command of superior commissioned officer.
Section 40.295 Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when.
Section 40.300 Orders — failure or dereliction in obeying — court-martial.
Section 40.305 Cruelty or maltreatment of persons subject to his orders — court-martial.
Section 40.307 Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial.
Section 40.310 Arrest, resists or breaks — escape from confinement — court-martial.
Section 40.312 Escape by neglect or improper release of prisoners — court-martial.
Section 40.315 False apprehension, arrest, confinement — court-martial.
Section 40.320 Delay in case — failure to enforce regulation of proceedings — court-martial.
Section 40.325 Hostile force, in presence of, commits certain offenses — court-martial.
Section 40.328 Attempts to compel officer to surrender to enemy or to strike colors without proper authority — court-martial.
Section 40.330 Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial.
Section 40.335 Forcing a safeguard, court-martial.
Section 40.340 Public property, duty to secure when taken from hostile forces — failure to turn over to proper authority — court-martial.
Section 40.350 Hostile forces, aid — court-martial.
Section 40.355 Hostile forces, capture — conduct improper — court-martial.
Section 40.360 Signs official documents with intent to deceive — court-martial.
Section 40.365 Military property — sells, neglects, damages, destroys, loses — court-martial.
Section 40.370 Property, not military — willfully, recklessly wastes or spoils — court-martial.
Section 40.375 Hazarding vessels of the United States or state, causing to be hazarded — court-martial.
Section 40.380 Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial.
Section 40.385 Fighting — promoting a fight or duel, failure to report — court-martial.
Section 40.387 Avoiding work, duty or service — court-martial.
Section 40.390 Riot or breach of the peace, causing or participating — court-martial.
Section 40.395 Provocative gestures or words, constituting a threat of violence — court-martial.
Section 40.398 Perjury — giving a false oath or false testimony in a matter of inquiry — court-martial.
Section 40.400 False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial.
Section 40.405 Larceny or wrongful appropriation of property — court-martial.
Section 40.408 Officer's conduct, unbecoming to an officer and a gentleman — court-martial.
Section 40.410 Neglecting or prejudicing discipline of the military — bringing discredit to state military services — exceptions, court-martial.
Section 40.415 Military property, purchasing or receiving in pawn or pledge — court-martial.
Section 40.420 Courts of inquiry, duties, how convened — members of court — counsel, appointment — parties to inquiry, how determined, procedure — records.
Section 40.425 Oaths, persons having authority to administer.
Section 40.430 Military justice — certain sections explained to enlisted members, when — complete text to be available on request.
Section 40.435 Complaints against commanding officer, procedure.
Section 40.440 Property of person damaged or taken, board convened to investigate, procedure.
Section 40.445 Processes and sentences of courts-martial executed by civil officers, fees, how paid.
Section 40.450 Process or mandates, authority to issue.
Section 40.455 Fines and costs imposed by military court, how paid.
Section 40.460 Civilian officers to execute required duties, failure to perform, penalty.
Section 40.465 Actions against convening authority or member of court, prohibited, when.
Section 40.470 Jurisdiction presumed, burden of proof.
Section 40.475 Governor's powers to delegate authority — exception.
Section 40.480 Purpose of military laws.
Section 40.485 Expenses, per diems, transportation for military personnel and civilians required to participate, how paid.
Section 40.490 Reemployment rights of persons ordered to active duty — attorney general to enforce rights.
Section 40.495 Severability of sections.