Alaska Statutes
Title 26. Military Affairs, Veterans, Disasters, and Aerospace
Chapter 05. Code of Military Justice

Sec. 26.05.070. Governor may order organized militia into active state service. - In the event of war, disaster, insurrection, rebellion, tumult, catastrophe,...

Sec. 26.05.075. Leave and reemployment rights of the organized militia. - (a) An employer shall grant a leave of absence to...

Sec. 26.05.080. Decision of governor final. - Whenever any portion of the militia is ordered to duty...

Sec. 26.05.090. Proclamations of martial law. - The governor may proclaim martial law when the public safety...

Sec. 26.05.100. Alaska State Defense Force. - A state militia, known as the Alaska State Defense Force,...

Sec. 26.05.110. Governor may order unorganized militia into active service. - In the event of imminent invasion by a foreign power...

Sec. 26.05.135. Applicability of Servicemembers Civil Relief Act to members of the organized militia; contracts. - (a) The provisions of 50 U.S.C. 3901 - 4043 (Servicemembers...

Sec. 26.05.140. Suits against officers and enlisted persons. - (a) Members of the militia ordered into active service for...

Sec. 26.05.145. Suits by members of the military services. - (a) A civil action for damages may not be brought...

Sec. 26.05.150. Not liable for exercise of judgment. - A commanding officer of the Alaska militia engaged under proper...

Sec. 26.05.160. Appointment, qualifications, and duties of adjutant general. - (a) The adjutant general of the state is appointed by...

Sec. 26.05.170. Governor's command and instructions exercised through the adjutant general. - The governor's command is exercised through the adjutant general, who...

Sec. 26.05.180. Headquarters staff of Alaska National Guard. - (a) The headquarters of the Alaska National Guard is composed...

Sec. 26.05.185. Assistant adjutant general for space and missile defense. - (a) The adjutant general, with the concurrence of the governor,...

Sec. 26.05.190. Administration. - (a) The adjutant general shall adopt and publish orders and...

Sec. 26.05.200. Officers' qualifications, appointment, and tenure. - A person may not be commissioned or warranted in an...

Sec. 26.05.210. Removal of officers. - (a) The adjutant general and the assistant adjutants general serve...

Sec. 26.05.220. Retired list. - A commissioned officer and enlisted person upon reaching the maximum...

Sec. 26.05.222. Creation and administration of Alaska National Guard and Alaska Naval Militia retirement system. - (a) There is established an Alaska National Guard and Alaska...

Sec. 26.05.223. Commencement of participation in system. - A member of the Alaska National Guard or Alaska Naval...

Sec. 26.05.224. Retirement benefits. - (a) An active member of the Alaska National Guard, or...

Sec. 26.05.225. Earlier service. - A person who was a member of the Alaska National...

Sec. 26.05.226. Contributions. - (a) The Department of Military and Veterans' Affairs shall contribute...

Sec. 26.05.228. Accounting and investment. - (a) The commissioner of administration shall establish a military retirement...

Sec. 26.05.229. Definitions. - In AS 26.05.222 - 26.05.228, (1) “beneficiary” means a person...

Sec. 26.05.230. Armories, training sites, and maintenance facilities. - (a) Buildings and sites for armory purposes may be leased...

Sec. 26.05.235. Active duty training sites. - Unless prohibited by federal regulation, no less than once every...

Sec. 26.05.240. Enlisted persons. - An able-bodied person of good character who is a citizen...

Sec. 26.05.250. Discharges. - An enlisted person who is discharged from service in the...

Sec. 26.05.260. Pay and allowances. - (a) The adjutant general is charged with all disbursements of...

Sec. 26.05.262. Disposition of remains of members of organized militia. - If a member of the organized militia who is in...

Sec. 26.05.263. Payment of Servicemembers' Group Life Insurance premiums; establishment of fund. - (a) The Servicemembers' Group Life Insurance premium fund is established...

Sec. 26.05.265. Reenlistment bonus. - (a) Subject to legislative appropriation and (c) of this section,...

Sec. 26.05.270. Payment of military claims. - All bills, claims, and demands for military purposes shall be...

Sec. 26.05.280. Transportation, subsistence, and supplies. - There shall be provided by the state, transportation and subsistence...

Sec. 26.05.290. Further equipment and armories. - The governor may requisition from the Secretary of Defense the...

Sec. 26.05.295. Educational assistance for enlisted personnel. - (a) Each active enlisted member of the Alaska National Guard...

Sec. 26.05.296. Tuition assistance. - (a) To the extent funds are available, the adjutant general...

Sec. 26.05.298. Definition for AS 26.05.295 and 26.05.296. - In AS 26.05.295 and 26.05.296, “good standing” means the student...

Sec. 26.05.340. Restrictions on and protection of militia. - (a) In no case may any part of the Alaska...

Sec. 26.05.342. Alaska Decoration of Honor. - (a) There is created an Alaska Decoration of Honor. The...

Article 2. Military Justice.

Sec. 26.05.360. Regulations; adopting military justice procedures and nonjudicial punishment. - (a) The adjutant general shall adopt regulations consistent with this...

Sec. 26.05.365. Statement of policy on military justice. - Courts-martial have primary jurisdiction over offenses under this chapter, except...

Sec. 26.05.370. Persons subject to military courts; jurisdiction. - The code of military justice applies to a member of...

Sec. 26.05.375. Jurisdiction to try certain personnel. - (a) A person discharged from the militia of the state...

Sec. 26.05.380. Territorial applicability. - (a) The code of military justice applies to a member...

Sec. 26.05.385. Judge advocates. - (a) The senior force judge advocate of each force of...

Sec. 26.05.390. Apprehension. - (a) A member of the militia or a person authorized...

Sec. 26.05.395. Imposition of restraint. - (a) An enlisted member of the militia may be arrested...

Sec. 26.05.400. Restraint of persons charged with offenses. - (a) Except as provided in (b) of this section, a...

Sec. 26.05.405. Place of confinement; reports and receiving of prisoners. - (a) A person confined as a prisoner under the code...

Sec. 26.05.410. Delivery of offenders to a civil authority. - (a) A person accused of a criminal offense against a...

Sec. 26.05.415. Courts-martial classified. - The military courts for the militia of the state are...

Sec. 26.05.420. Jurisdiction of courts-martial in general. - Each force of the militia of the state in active...

Sec. 26.05.425. Jurisdiction of a general court-martial. - Subject to AS 26.05.420, a general court-martial has jurisdiction to...

Sec. 26.05.430. Jurisdiction of a special court-martial. - Subject to AS 26.05.420, a special court-martial has jurisdiction to...

Sec. 26.05.435. Jurisdiction of a summary court-martial. - (a) Subject to AS 26.05.420, a summary court-martial has jurisdiction...

Sec. 26.05.440. Grand jury requirement. - (a) A general court-martial in which the member of the...

Sec. 26.05.445. Venue for grand jury and court-martial. - The venue for convening a court-martial, trial, preliminary hearing, and...

Sec. 26.05.450. Who may convene a general court-martial. - (a) A general court-martial may be convened by (1) the...

Sec. 26.05.455. Who may convene a special court-martial. - (a) A special court-martial may be convened by (1) a...

Sec. 26.05.460. Who may convene a summary court-martial. - (a) A summary court-martial may be convened by (1) a...

Sec. 26.05.465. Who may serve on courts-martial. - (a) A commissioned officer of the militia of a state...

Sec. 26.05.470. Military judge of a general or special court-martial. - (a) A senior force judge advocate who is in the...

Sec. 26.05.475. Detail of trial counsel and defense counsel. - (a) For each general and special court-martial, the convening authority...

Sec. 26.05.480. Detail or employment of reporters and interpreters. - (a) The convening authority of a general or special court-martial...

Sec. 26.05.485. Absent and additional members. - (a) A member of a general or special court-martial may...

Sec. 26.05.490. Charges and specifications. - (a) Charges and specifications must be signed by a member...

Sec. 26.05.495. Compulsory self-incrimination prohibited. - (a) A member of the militia may not compel a...

Sec. 26.05.500. Investigation; preliminary hearing. - (a) A charge or specification may not be referred to...

Sec. 26.05.505. Forwarding of charges. - (a) When a person is held for trial by general...

Sec. 26.05.510. Advice of judge advocate and reference for trial. - (a) Before directing the trial of a charge by general...

Sec. 26.05.515. Service of charges. - A trial counsel shall serve or cause to be served...

Sec. 26.05.520. Unlawfully influencing the action of a court. - (a) An authority convening a general, special, or summary court-martial,...

Sec. 26.05.525. Continuances. - The military judge of a general, special, or summary court-martial...

Sec. 26.05.530. Oaths or affirmations. - (a) Before performing their respective duties, military judges, general and...

Sec. 26.05.535. Statute of limitations. - (a) A person charged with an offense under this chapter...

Sec. 26.05.540. Former jeopardy. - Former jeopardy protections provided to a member of the militia...

Sec. 26.05.545. Pleas of the accused. - (a) If, after arraignment, an accused makes an irregular pleading...

Sec. 26.05.550. Subpoena; process of military courts. - (a) A military judge, the president of a court-martial, or...

Sec. 26.05.555. Contempt. - (a) A military judge or summary court-martial officer may punish...

Sec. 26.05.560. Defense of insanity. - (a) The accused may assert the affirmative defense of insanity...

Sec. 26.05.565. Lack of mental capacity or mental responsibility; commitment of accused for examination and treatment. - (a) An accused who, as a result of a mental...

Sec. 26.05.570. Voting and rulings. - (a) Voting by members of a general or special court-martial...

Sec. 26.05.575. Number of votes required. - (a) A person may not be convicted of an offense...

Sec. 26.05.580. Record of trial. - (a) Each general and special court-martial shall keep a separate...

Sec. 26.05.585. Cruel and unusual punishments prohibited. - A court-martial may not impose on a member of the...

Sec. 26.05.590. Punishments; maximum limits. - (a) A court-martial may not impose a punishment that exceeds...

Sec. 26.05.595. Deferment of sentences. - (a) If an accused is under sentence to confinement that...

Sec. 26.05.600. Execution of confinement. - A person must serve a sentence of confinement imposed by...

Sec. 26.05.605. Error of law; lesser included offense. - (a) A finding or sentence of a court-martial may not...

Sec. 26.05.610. Withdrawal of appeal. - In a case subject to appellate review under the code...

Sec. 26.05.615. Appeal by the state. - (a) In a trial by court-martial in which a punitive...

Sec. 26.05.620. Vacation of suspension. - (a) A probationer serving a period of probation under a...

Sec. 26.05.625. Petition for a new trial. - At any time within two years after approval by the...

Sec. 26.05.630. Restoration. - (a) All rights, privileges, and property affected by an executed...

Sec. 26.05.635. Leave required to be taken pending review of court-martial convictions. - In accordance with rules adopted under AS 26.05.360, an accused...

Sec. 26.05.640. Military Appeals Commission. - (a) The Military Appeals Commission is established in the Department...

Sec. 26.05.645. Review by civilian court. - (a) After exhausting all remedies available under the code of...

Sec. 26.05.650. Appellate and civilian counsel. - (a) If the attorney general requests representation, the senior force...

Sec. 26.05.655. Authority to administer oaths and act as notary public. - (a) The following persons may administer oaths for the purposes...

Sec. 26.05.660. Delegation by the governor. - The governor may delegate any authority vested in the governor...

Sec. 26.05.665. Military justice account. - (a) The military justice account is established in the general...

Sec. 26.05.670. Payment, collection, and deposit of fines. - (a) A fine imposed by a military court or through...

Sec. 26.05.675. Pay and allowances for court-martial duty. - For each day of duty as a member of a...

Sec. 26.05.680. Uniformity of interpretation. - The code of military justice shall be construed to carry...

Sec. 26.05.685. Immunity for action of military courts. - A person acting under the code of military justice, whether...

Sec. 26.05.690. Principals. - A member of the militia who commits an offense under...

Sec. 26.05.695. Accessory after the fact. - A member of the militia who, knowing that an offense...

Sec. 26.05.697. Misprision of serious offense. - A member of the militia who (1) knows that another...

Sec. 26.05.700. Conviction of lesser included offense. - An accused may be found guilty of an offense necessarily...

Sec. 26.05.705. Attempts. - (a) An act done with specific intent to commit an...

Sec. 26.05.710. Conspiracy. - A member of the militia who conspires with another person...

Sec. 26.05.715. Solicitation. - (a) A member of the militia who solicits or advises...

Sec. 26.05.720. Fraudulent enlistment, appointment, or separation. - A person who procures the person's own enlistment or appointment...

Sec. 26.05.725. Unlawful enlistment, appointment, or separation. - A member of the militia who effects an enlistment or...

Sec. 26.05.730. Desertion. - (a) A person is guilty of desertion if the person...

Sec. 26.05.735. Absence without leave. - A member of the militia who, without authority, (1) fails...

Sec. 26.05.737. False or unauthorized pass offenses. - (a) A member of the militia who wrongfully and falsely...

Sec. 26.05.740. Missing movement; jumping from vessel. - A member of the militia who, (1) through neglect or...

Sec. 26.05.745. Contempt toward officials. - (a) A commissioned officer of the militia who uses contemptuous...

Sec. 26.05.750. Disrespect toward superior commissioned officer. - (a) A member of the militia who behaves with disrespect...

Sec. 26.05.755. Assaulting or wilfully disobeying superior commissioned officer. - A member of the militia who (1) strikes the member's...

Sec. 26.05.760. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. - A warrant officer or enlisted member of the militia who...

Sec. 26.05.765. Failure to obey order or regulation. - Any member of the militia who (1) violates or fails...

Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty officer, agent, or official. - (a) A member of the militia who wrongfully and wilfully...

Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button. - A member of the militia who wears on the member's...

Sec. 26.05.770. Cruelty and maltreatment. - A member of the militia who is guilty of cruelty...

Sec. 26.05.775. Mutiny or sedition. - (a) A member of the militia is guilty of mutiny...

Sec. 26.05.780. Resistance, flight, breach of arrest, and escape. - A member of the militia who (1) resists apprehension, (2)...

Sec. 26.05.785. Releasing prisoner without proper authority; drinking or using drugs with prisoner. - (a) A member of the militia who, without proper authority,...

Sec. 26.05.790. Unlawful detention. - A member of the militia who, except as provided by...

Sec. 26.05.793. Wrongful interference with adverse administrative proceeding. - A member of the militia who, having reason to believe...

Sec. 26.05.795. Noncompliance with procedural rules. - A member of the militia who knowingly and intentionally (1)...

Sec. 26.05.796. Wrongful refusal to testify. - A member of the militia who, during a preliminary hearing...

Sec. 26.05.798. Retaliation. - A member of the militia who, with the intent to...

Sec. 26.05.800. Misbehavior before the enemy. - (a) A member of the militia is guilty of misbehavior...

Sec. 26.05.805. Subordinate compelling surrender. - A member of the militia who compels or attempts to...

Sec. 26.05.810. Improper use of countersign. - A member of the militia who, in time of war,...

Sec. 26.05.815. Forcing a safeguard. - A member of the militia who forces a safeguard may...

Sec. 26.05.820. Captured or abandoned property. - (a) A member of the militia shall secure all public...

Sec. 26.05.825. Aiding the enemy. - A member of the militia who (1) aids or attempts...

Sec. 26.05.830. Misconduct as prisoner. - A member of the militia who, while in the hands...

Sec. 26.05.833. Offenses against correctional custody and restriction. - (a) A member of the militia who (1) is placed...

Sec. 26.05.835. False official statements or oaths. - (a) A member of the militia who, with intent to...

Sec. 26.05.840. Military property; loss, damage, destruction, or wrongful disposition. - A member of the militia who, without proper authority, (1)...

Sec. 26.05.845. Property other than military property; waste, spoilage, or destruction. - A member of the militia who wilfully or recklessly wastes,...

Sec. 26.05.850. Improper hazarding of vehicle, aircraft, or vessel. - (a) A member of the militia who wilfully and wrongfully...

Sec. 26.05.855. Drunken, impaired, or reckless operation of a vehicle, aircraft, or vessel. - (a) A member of the militia who operates or physically...

Sec. 26.05.860. Drunkenness and other incapacitating offenses. - (a) A member of the militia, other than a sentinel...

Sec. 26.05.865. Misbehavior of sentinel. - A sentinel or lookout who (1) as a result of...

Sec. 26.05.867. Disrespect toward sentinel or lookout. - A member of the militia who, knowing that another person...

Sec. 26.05.870. Wrongful use or possession of controlled substances. - (a) A member of the militia who wrongfully uses, possesses,...

Sec. 26.05.875. Malingering. - A member of the militia who, for the purpose of...

Sec. 26.05.880. Riot or breach of peace. - A member of the militia who intentionally causes or wilfully...

Sec. 26.05.885. Provoking speeches or gestures. - (a) A member of the militia who uses provoking or...

Sec. 26.05.890. Sexual assault. - (a) A member of the militia who commits any of...

Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee by person in position of special trust. - (a) A member of the militia who (1) is an...

Sec. 26.05.895. Stalking. - (a) A member of the militia is guilty of stalking...

Sec. 26.05.897. Assault. - (a) A member of the militia commits the offense of...

Sec. 26.05.900. Other sexual misconduct; indecent viewing, visual recording, or broadcasting. - (a) A member of the militia who knowingly commits any...

Sec. 26.05.905. Larceny and wrongful appropriation. - (a) A member of the militia who wrongfully takes, obtains,...

Sec. 26.05.910. Forgery. - A member of the militia who, with intent to defraud,...

Sec. 26.05.913. Public records offenses. - A member of the militia who (1) wilfully and unlawfully...

Sec. 26.05.915. Making, drawing, or uttering check, draft, or order without sufficient funds. - A member of the militia who makes, draws, utters, or...

Sec. 26.05.920. Perjury. - A member of the militia who, in a judicial proceeding...

Sec. 26.05.925. Fraud against the government. - (a) A member of the militia is guilty of fraud...

Sec. 26.05.930. Conduct unbecoming an officer. - (a) A commissioned officer, warrant officer, cadet, candidate, or midshipman...

Sec. 26.05.935. General article. - (a) Although not specifically mentioned in this chapter, all disorders...

Sec. 26.05.940. Offenses concerning government computers. - (a) A member of the militia who (1) knowingly accesses...

Sec. 26.05.945. Breach of medical quarantine. - A member of the militia who is ordered into medical...

Article 3. General Provisions.

Sec. 26.05.990. Definitions. - In this chapter, unless the context otherwise requires, (1) “accuser”...

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Alaska Statutes Title 26. Military Affairs, Veterans, Disasters, and Aerospace Chapter 05. Code of Military Justice

Alaska Statutes
Title 26. Military Affairs, Veterans, Disasters, and Aerospace
Chapter 05. Code of Military Justice