(a) Members of the organized militia.

(b) All other persons lawfully ordered to duty in or with the organized militia, from the dates they are required by the terms of the order or other directive to obey the same.

(2) A person may not be tried or punished for any offense provided in the Oregon Code of Military Justice unless:

(a) The offense was committed while the person was in a duty status during a period of time in which the person was under lawful orders to be in a duty status; or

(b) The offense charged has a connection with the military status or assignment of the person. For purposes of this paragraph, the required connection with military status or assignment is conclusively established for offenses for which there is no equivalent offense in the general criminal laws of this state and for offenses involving wrongful use, possession, manufacture, distribution or introduction of a controlled substance described in Article 112a of the Oregon Code of Military Justice.

(3)(a) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force.

(b) State military forces have primary jurisdiction of military offenses defined in Article 1(a)(18) of the Oregon Code of Military Justice when persons subject to the code are in a duty status or are properly ordered to be in a duty status.

(c) Except as provided in paragraph (f) of this subsection, a civilian court has primary jurisdiction of an offense when:

(A) An act or omission violates both the Oregon Code of Military Justice and a state, federal or foreign criminal law; and

(B) A person subject to the code was neither in a duty status nor properly ordered to be in a duty status at the time of the act or omission.

(d) When a person is charged with an offense described in paragraph (c) of this subsection, a court-martial or nonjudicial punishment may be initiated only after a civilian court has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.

(e) Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes must be determined by the underlying offense.

(f) State military forces have jurisdiction of any offense involving a person subject to the Oregon Code of Military Justice when the person is in a duty status, when the person is properly ordered to be in a duty status or when the sole offense is conduct that is prohibited by Article 112a of the Oregon Code of Military Justice. [1961 c.454 §79; 2013 c.81 §4]