Chapter 10 - Uniform State Code Of Military Justice

§ 33-10-1 to 33-10-19. Repealed.
§ 33-10-20 Definitions.
§ 33-10-21 Persons subject to this code.
§ 33-10-22 Subject matter jurisdiction--Primary jurisdiction.
§ 33-10-23 Jurisdiction over persons charged with fraudulent discharge.
§ 33-10-24 Jurisdiction over deserters.
§ 33-10-25 Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction.
§ 33-10-26 Extraterritorial jurisdiction.
§ 33-10-27 Judge advocate supervision.
§ 33-10-28 Communication with judge advocates.
§ 33-10-29 Judge advocate to reviewing authority.
§ 33-10-30 Apprehension defined.
§ 33-10-31 Persons authorized to apprehend upon probable cause.
§ 33-10-32 Quelling of or apprehension for quarrels, frays, and disorders.
§ 33-10-33 Extradition.
§ 33-10-34 Fees for apprehension.
§ 33-10-35 Arrest and confinement defined.
§ 33-10-36 Arrest or confinement of enlisted member.
§ 33-10-37 Arrest or confinement of commissioned officer, warrant officer, or civilian.
§ 33-10-38 Probable cause to arrest or confine.
§ 33-10-39 Custody before notification of proper authority.
§ 33-10-40 Notice of offense--Diligent steps for trial or dismissal.
§ 33-10-41 Place of confinement.
§ 33-10-42 Receiving of prisoners.
§ 33-10-43 Reports of prisoners.
§ 33-10-44 Confinement with enemy prisoners prohibited.
§ 33-10-45 Punishment prohibited before trial.
§ 33-10-46 Delivery of offenders to civil authorities.
§ 33-10-47 Completion of sentence of court martial upon return from civil authority.
§ 33-10-48 Failure of enlisted member to report for duty--Arrest--Fees.
§ 33-10-49 Arrest or confinement for disobedience or disruption--Trespassers.
§ 33-10-50 Commanding officer's non-judicial punishment.
§ 33-10-51 Forms of punishment by any commanding officer.
§ 33-10-52 Forms of punishment by major, lieutenant commander, or above.
§ 33-10-53 Forms of punishment by Governor, adjutant general, or certain other officers.
§ 33-10-54 Duration of consecutive punishments.
§ 33-10-55 Arrest in quarters or restriction--Notice regarding right to trial by court-martial.
§ 33-10-56 Suspension or mitigation of punishment.
§ 33-10-57 Appeal.
§ 33-10-58 Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment.
§ 33-10-59 Forfeiture of pay.
§ 33-10-60 Promulgation of rules regarding records.
§ 33-10-61 Courts-martial classified.
§ 33-10-62 Jurisdiction of courts-martial in general.
§ 33-10-63 Jurisdiction of general courts-martial.
§ 33-10-64 Jurisdiction of special courts-martial.
§ 33-10-65 Jurisdiction of summary courts-martial.
§ 33-10-66 Objection to trial by summary courts-martial.
§ 33-10-67 Who may convene general courts-martial.
§ 33-10-68 Who may convene special courts-martial.
§ 33-10-69 Who may convene summary courts-martial.
§ 33-10-70 Commissioned officer service on courts-martial.
§ 33-10-71 Warrant officer service on courts-martial.
§ 33-10-72 Enlisted member service on courts-martial.
§ 33-10-73 Court-martial member to be senior to accused.
§ 33-10-74 Qualifications of court-martial member.
§ 33-10-75 Excuse of court-martial member from participating.
§ 33-10-76 Military judge detailed to general and special court-martial.
§ 33-10-77 Qualifications of military judge.
§ 33-10-78 Admission of military judge pro hac vice.
§ 33-10-79 Designation of military judge--Performance report prohibited.
§ 33-10-80 Military judge may not be accuser, witness, investigator, or counsel.
§ 33-10-81 Consultation with members of court.
§ 33-10-82 Detail of trial counsel and defense counsel.
§ 33-10-83 Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.
§ 33-10-84 Qualifications of counsel.
§ 33-10-85 Admission of defense counsel pro hac vice--Qualifications.
§ 33-10-86 Detail or employment of court reporters and interpreters.
§ 33-10-87 Absent members of court-martial.
§ 33-10-88 Additional members of general court-martial.
§ 33-10-89 Additional members of special court-martial.
§ 33-10-90 Court-martial composed of military judge only--Procedure when military judge unable to proceed.
§ 33-10-91 Marshal--Duties.
§ 33-10-92 Compensation of marshal.
§ 33-10-93 Malfeasance of sheriff or marshal.
§ 33-10-94 Immunity of court members.
§ 33-10-95 Charges and specifications.
§ 33-10-96 Compulsory self-incrimination prohibited.
§ 33-10-97 Advice of right to remain silent.
§ 33-10-98 Compulsory self-degradation prohibited.
§ 33-10-99 Exclusion of evidence.
§ 33-10-100 Investigation of charges.
§ 33-10-101 Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony.
§ 33-10-102 Demand for further investigation.
§ 33-10-103 Investigation of uncharged offenses.
§ 33-10-104 Nonjurisdictional error.
§ 33-10-105 Forwarding of charges.
§ 33-10-106 Advice of judge advocate regarding charge.
§ 33-10-107 Contents of judge advocate's statement--Reference for trial.
§ 33-10-108 Correction of charges or specifications.
§ 33-10-109 Service of charges.
§ 33-10-110 Promulgation of procedural rules by Governor or adjutant general.
§ 33-10-111 Unlawfully influencing action of court.
§ 33-10-112 Report of performance as court-martial member, witness, or counsel prohibited.
§ 33-10-113 Qualifications of trial counsel--Preparation of record.
§ 33-10-114 Qualifications of defense counsel--Rights of accused.
§ 33-10-115 Duties of defense counsel in court-martial proceeding resulting in conviction.
§ 33-10-116 Sessions without presence of court-martial members--Record.
§ 33-10-117 Presence of accused, counsel, and military judge at proceedings--Exception.
§ 33-10-118 Continuances.
§ 33-10-119 Challenges for cause.
§ 33-10-120 Procedure when court members reduced below minimum by challenge for cause.
§ 33-10-121 Peremptory challenges.
§ 33-10-122 Procedure when court members reduced below minimum by peremptory challenge.
§ 33-10-123 Challenges after additional members are detailed.
§ 33-10-124 Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter.
§ 33-10-125 Oath of witness.
§ 33-10-126 Statute of limitations.
§ 33-10-127 Unauthorized absence excluded in computing limitation period.
§ 33-10-128 Absence from territory excluded in computing limitation period.
§ 33-10-129 Limitation period during wartime.
§ 33-10-130 Statute of limitations for new charges and specifications following dismissal for defect or insufficiency.
§ 33-10-131 Conditions for new charges and specifications.
§ 33-10-132 Former jeopardy.
§ 33-10-133 Jeopardy where accused found guilty.
§ 33-10-134 Jeopardy where accused not found guilty.
§ 33-10-135 Not guilty plea.
§ 33-10-136 Finding upon guilty plea--Withdrawal of guilty plea.
§ 33-10-137 Opportunity to obtain witnesses and other evidence.
§ 33-10-138 Refusal to appear or testify.
§ 33-10-139 Witness fees.
§ 33-10-140 Contempt.
§ 33-10-141 Oral and written depositions.
§ 33-10-142 Notice of deposition.
§ 33-10-143 Officers before whom deposition taken.
§ 33-10-144 Admissibility of deposition.
§ 33-10-145 Admissibility of records of courts of inquiry.
§ 33-10-146 Defense of lack of mental responsibility.
§ 33-10-147 Burden of proof of lack of mental responsibility.
§ 33-10-148 Findings by court-martial members when lack of mental responsibility at issue.
§ 33-10-149 Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.
§ 33-10-150 Conditions for finding of not guilty by reason of lack of mental responsibility.
§ 33-10-151 Voting by secret written ballot.
§ 33-10-152 Rulings upon questions of law and interlocutory questions.
§ 33-10-153 Instructions.
§ 33-10-154 Findings and rulings by court-martial composed of military judge only.
§ 33-10-155 Number of votes required.
§ 33-10-156 Court to announce action.
§ 33-10-157 Record of proceedings--Authentication.
§ 33-10-158 Contents of record.
§ 33-10-159 Records of summary court-martial.
§ 33-10-160 Copy of record to be given to the accused.
§ 33-10-161 Cruel and unusual punishments prohibited.
§ 33-10-162 Maximum sentence--Felony and misdemeanor--Noncriminal conviction.
§ 33-10-163 Limits of punishment.
§ 33-10-164 Forfeitures.
§ 33-10-165 Computation of period of confinement--Effective date of other sentences.
§ 33-10-166 Deferment of sentence to confinement--Rescission.
§ 33-10-167 Deferment until after accused has been permanently released to state military forces.
§ 33-10-168 Persons subject to deferment until permanently released to state military forces.
§ 33-10-169 Deferment of sentence to confinement while review pending.
§ 33-10-170 Place of confinement.
§ 33-10-171 Hard labor.
§ 33-10-172 Fees for confinement.
§ 33-10-173 Reduction of enlisted member pay grade.
§ 33-10-174 Restoration of pay.
§ 33-10-175 Forfeiture of pay and allowances.
§ 33-10-176 Sentences subject to forfeiture of pay and allowances.
§ 33-10-177 Waiver of forfeiture of pay and allowances for dependents of accused.
§ 33-10-178 Restoration of pay and allowances.
§ 33-10-179 Error of law.
§ 33-10-180 Lesser included offense.
§ 33-10-181 Prompt report of findings and sentence to convening authority.
§ 33-10-182 Submission to convening authority of matters for consideration--Time for submission.
§ 33-10-183 Extension of time for submission.
§ 33-10-184 Provision of record to accused.
§ 33-10-185 Waiver of right to make submission.
§ 33-10-186 Authority to modify findings and sentence.
§ 33-10-187 Action on sentence of court-martial.
§ 33-10-188 Action on findings of court-martial.
§ 33-10-189 Recommendation of judge advocate--Response and objection.
§ 33-10-190 Proceeding in revision or rehearing.
§ 33-10-191 Matters considered at proceeding in revision.
§ 33-10-192 Matters considered at rehearing--Dismissal without rehearing.
§ 33-10-193 Withdrawal of appeal.
§ 33-10-194 Time for withdrawal of appeal.
§ 33-10-195 Appeal by the state.
§ 33-10-196 Time for appeal by the state--Contents of notice of appeal.
§ 33-10-197 Diligent prosecution of appeal.
§ 33-10-198 State's appeal to Supreme Court limited to matters of law.
§ 33-10-199 Consideration of delay concerning issue of speedy trial.
§ 33-10-200 Rehearings.
§ 33-10-201 Review by senior force judge advocate.
§ 33-10-202 Circumstances under which record to be sent to adjutant general for action.
§ 33-10-203 Action by adjutant general.
§ 33-10-204 Dismissal when rehearing impracticable.
§ 33-10-205 Action by the Governor.
§ 33-10-206 Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.
§ 33-10-207 Action by adjutant general regarding subject matter jurisdiction.
§ 33-10-208 Disposition of records.
§ 33-10-209 Review by Supreme Court.
§ 33-10-210 Appellate government counsel.
§ 33-10-211 Right to counsel on appeal by state.
§ 33-10-212 Right to counsel on appeal by accused.
§ 33-10-213 Appointment of judge advocate to represent accused.
§ 33-10-214 Representation by civilian appellate counsel.
§ 33-10-215 Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.
§ 33-10-216 Execution of sentence when appeal waived or withdrawn.
§ 33-10-217 Probation violation--Hearing--Representation by counsel.
§ 33-10-218 Vacation of suspension--Execution of sentence.
§ 33-10-219 Authority to vacate suspension.
§ 33-10-220 Petition for new trial.
§ 33-10-221 Remission and suspension.
§ 33-10-222 Restoration.
§ 33-10-223 Substitution for dishonorable or bad-conduct discharge.
§ 33-10-224 Reappointment of commissioned officer.
§ 33-10-225 Finality of proceedings, findings, and sentences.
§ 33-10-226 Leave required pending review of certain court-martial convictions.
§ 33-10-227 Commitment of person incompetent to stand trial.
§ 33-10-228 Action in accordance with statute applicable to persons incompetent to stand trial.
§ 33-10-229 Notice of determination that accused is competent to stand trial.
§ 33-10-230 Action by general court-martial convening authority or attorney general.
§ 33-10-231 Custody of facility director.
§ 33-10-232 References to court that ordered commitment.
§ 33-10-233 Commitment of person found not guilty by reason of lack of mental responsibility.
§ 33-10-234 Hearing on mental condition.
§ 33-10-235 Report of hearing results.
§ 33-10-236 Action when release would create substantial risk of injury or serious property damage.
§ 33-10-237 Statute applicable to hospitalized person.
§ 33-10-238 Application of statute comparable to 18 U.S.C. 4247(d).
§ 33-10-239 Application of statute comparable to 18 U.S.C. § 4241 et seq.--Change of status.
§ 33-10-240 Principal defined.
§ 33-10-241 Accessory after the fact.
§ 33-10-242 Included offense--Attempted offense.
§ 33-10-243 Attempt defined.
§ 33-10-244 Attempt to commit offense subject to punishment.
§ 33-10-245 Conviction of attempt for consummated offense.
§ 33-10-246 Conspiracy.
§ 33-10-247 Solicitation to desert or mutiny.
§ 33-10-248 Solicitation to commit misbehavior before the enemy or sedition.
§ 33-10-249 Fraudulent enlistment, appointment, or separation.
§ 33-10-250 Unlawful enlistment, appointment, or separation.
§ 33-10-251 Desertion.
§ 33-10-252 Desertion by commissioned officer.
§ 33-10-253 Punishment for desertion.
§ 33-10-254 Absence without leave.
§ 33-10-255 Missing movement.
§ 33-10-256 Contempt toward officials.
§ 33-10-257 Disrespect toward superior commissioned officer.
§ 33-10-258 Assaulting or willfully disobeying superior commissioned officer.
§ 33-10-259 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
§ 33-10-260 Failure to obey order or regulation.
§ 33-10-261 Cruelty and maltreatment.
§ 33-10-262 Mutiny--Sedition--Failure to suppress or report.
§ 33-10-263 Punishment for mutiny or sedition.
§ 33-10-264 Resistance--Flight--Breach of arrest--Escape.
§ 33-10-265 Releasing prisoner without proper authority.
§ 33-10-266 Unlawful detention.
§ 33-10-267 Noncompliance with procedural rules.
§ 33-10-268 Misbehavior before the enemy.
§ 33-10-269 Subordinate compelling surrender.
§ 33-10-270 Improper use of countersign.
§ 33-10-271 Captured or abandoned property--Securing and turning over.
§ 33-10-272 Captured or abandoned property--Offenses.
§ 33-10-273 Aiding the enemy.
§ 33-10-274 Misconduct as prisoner.
§ 33-10-275 False official statements.
§ 33-10-276 Military property--Loss, damage, destruction, or wrongful disposition.
§ 33-10-277 Property other than military property--Waste, spoilage, or destruction.
§ 33-10-278 Willful hazarding of vessel.
§ 33-10-279 Negligent hazarding of vessel.
§ 33-10-280 Drunk on duty.
§ 33-10-281 Wrongful use, possession, or distribution of controlled substances.
§ 33-10-282 Controlled substances defined.
§ 33-10-283 Misbehavior of sentinel.
§ 33-10-284 Malingering.
§ 33-10-285 Riot or breach of peace.
§ 33-10-286 Provoking speeches or gestures.
§ 33-10-287 Frauds against the government.
§ 33-10-288 Conduct unbecoming an officer.
§ 33-10-289 Disorder and neglect--Conduct discrediting state military forces.
§ 33-10-290 Court of inquiry convened for investigation.
§ 33-10-291 Members of court--Counsel.
§ 33-10-292 Parties.
§ 33-10-293 Challenge to court members.
§ 33-10-294 Oaths.
§ 33-10-295 Witnesses.
§ 33-10-296 Findings--Opinions.
§ 33-10-297 Record of proceedings.
§ 33-10-298 Administration of oaths for purposes of military administration.
§ 33-10-299 Administration of oaths necessary in performance of duties.
§ 33-10-300 Prima facie evidence of authority to administer oath.
§ 33-10-301 Complaint of wrong.
§ 33-10-302 Delegation by Governor.
§ 33-10-303 Payment of fees, costs, and expenses.
§ 33-10-304 Military justice fund.
§ 33-10-305 Payment of fines--Disposition.
§ 33-10-306 Uniformity of interpretation.
§ 33-10-307 Immunity for action of military courts.
§ 33-10-308 Short title.