Arkansas Code
Subtitle 4 - Military Affairs
Chapter 64 - Military Justice

§ 12-64-110. Appropriations — Department of the Military Fund Account-Military Justice Fund - (a) There shall be appropriated annually, for the Department of...

Subchapter 2 - Apprehension and Restraint

§ 12-64-201. Apprehension generally - (a) “Apprehension” is the taking of a person into custody....

§ 12-64-202. Apprehension of deserters - Any civil officer having authority to apprehend offenders upon the...

§ 12-64-203. Restraint - Subject to the orders or rules of the Adjutant General,...

§ 12-64-205. Reports and receiving of prisoners - (a) No provost marshal, commander of a guard, master at...

§ 12-64-206. Pretrial restraint as punishment prohibited - Pretrial restraint is not punishment and shall not be used...

§ 12-64-207. Delivery of offenders to civil authorities - (a) Under such rules as may be prescribed under this...

Subchapter 3 - Nonjudicial Punishment

§ 12-64-301. Nonjudicial punishment generally - (a) Under such rules as the Governor may prescribe, a...

§ 12-64-302. Appeal - (a) A person punished under this subchapter who considers his...

§ 12-64-303. Court-martial not barred - The imposition and enforcement of disciplinary punishment under this subchapter...

Subchapter 4 - Courts-Martial

§ 12-64-401. Classifications of courts-martial - There shall be three (3) kinds of courts-martial in each...

§ 12-64-402. Jurisdiction generally - (a) Each force of the organized militia has court-martial jurisdiction...

§ 12-64-403. General courts-martial punishments - General courts-martial may, under such limitations as the Governor may...

§ 12-64-404. Special courts-martial punishments - A special court-martial may, under such limitations as the Governor...

§ 12-64-405. Summary courts-martial punishments - (a) Officers and warrant officers may not be tried by...

§ 12-64-406. Convening courts-martial - (a) General, special, and summary courts-martial may be convened by...

§ 12-64-407. Service on courts-martial - (a) Any commissioned officer of or on duty with the...

§ 12-64-409. Military judge - (a) A military judge shall be detailed to each general...

§ 12-64-410. Trial and defense counsel - (a) For each general and special court-martial, the authority convening...

§ 12-64-411. Court reporters — Interpreters - (a) Under such rules as the Governor may prescribe, the...

§ 12-64-412. Marshals - (a) The military judge of a general and special court-martial...

§ 12-64-413. Immunity of court and officers - No action or proceeding may be prosecuted against the convening...

§ 12-64-414. Absent and additional members - (a) No member of a general or special court-martial shall...

Subchapter 5 - Procedure

§ 12-64-501. Statutes of limitations - (a) A person charged with desertion or absence without leave...

§ 12-64-502. Charges and specifications - (a) Charges and specifications shall be signed by a person...

§ 12-64-503. Compulsory self-incrimination prohibited - (a) No person subject to this code may compel any...

§ 12-64-504. Investigation - (a) A preliminary hearing shall be held in accordance with...

§ 12-64-505. Reference for trial - (a) Before directing the trial of any charge by general...

§ 12-64-506. Forwarding of charges - When a person is held for trial by general court-martial,...

§ 12-64-507. Service of charges - (a) The trial counsel to whom court-martial charges are referred...

§ 12-64-508. Procedural rules - The procedures used by general, special, and summary courts-martial shall...

§ 12-64-509. Unlawfully influencing action of court - (a) No authority convening a general, special, or summary court-martial...

§ 12-64-510. Duties of trial and defense counsel - (a) The trial counsel of a general or special court-martial...

§ 12-64-511. Sessions — Records of proceedings - (a) Whenever a general or special court-martial deliberates or votes,...

§ 12-64-512. Continuances - A court-martial may, for reasonable cause, grant a continuance to...

§ 12-64-513. Challenges - (a) (1) Members of a general or special court-martial and...

§ 12-64-514. Oaths - (a) The military judge, interpreters, and, in general and special...

§ 12-64-515. Pleas of the accused - If an accused arraigned before a court-martial makes an irregular...

§ 12-64-516. Obtaining witnesses and other evidence - (a) The trial counsel, the defense counsel, and the court-martial...

§ 12-64-517. Depositions - (a) (1) At any time after charges have been signed...

§ 12-64-518. Issuance of process, subpoenas, etc - (a) Military courts may issue all process and mandates necessary...

§ 12-64-519. Refusal to appear or testify - Any person not subject to this code is guilty of...

§ 12-64-520. Contempt - (a) A military court may punish for contempt a person...

§ 12-64-522. Votes and rulings - (a) (1) Voting by members of a general or special...

§ 12-64-523. Convictions, sentences, etc. — Number of votes required - (a) No person may be convicted of an offense except...

§ 12-64-524. Announcement of action - (a) In all trials, the court-martial shall announce a finding...

§ 12-64-525. Record of trial - (a) Each general, special, and summary court-martial shall keep a...

§ 12-64-526. Double jeopardy - (a) No person may without his or her consent be...

Subchapter 6 - Sentencing

§ 12-64-601. Cruel and unusual punishments prohibited - (a) Punishment by flogging or by branding, marking, or tattooing...

§ 12-64-602. Maximum limits - The punishment which a court-martial may direct for an offense...

§ 12-64-603. Sentence of dismissal or discharge - (a) A dishonorable discharge, bad conduct discharge, or dismissal shall...

§ 12-64-604. Effective date of sentences - (a) (1) Whenever a sentence of a court-martial as lawfully...

§ 12-64-605. Execution or suspension of sentence - (a) Except as otherwise provided, a court-martial sentence, unless suspended,...

§ 12-64-606. Execution of confinement - (a) A sentence of confinement adjudged by a military court,...

§ 12-64-607. Execution of process and sentence - (a) In the organized militia not in federal service, the...

§ 12-64-608. General or special court-martial — Authorized sentence after declaration of war prior to jurisdiction of United States Code of Military Justice - A general or special court-martial convened for the trial of...

§ 12-64-609. Fines and forfeitures - (a) Fines may be paid to a military court or...

§ 12-64-610. Delinquent fines or forfeitures - (a) (1) When a fine or forfeiture is delinquent for...

Subchapter 7 - Review of Courts-Martial

§ 12-64-701. Initial action on the record - After a trial by court-martial, the record shall be forwarded...

§ 12-64-702. General court-martial records - The convening authority shall refer the record of each general...

§ 12-64-703. Reconsideration and revision - (a) If a specification before a court-martial has been dismissed...

§ 12-64-704. Review of records — Disposition - (a) If the convening authority is the Governor, his or...

§ 12-64-705. Approval by convening authority - In acting on the findings and sentence of a court-martial,...

§ 12-64-706. Error of law — Lesser included offense - (a) A finding or sentence of a court-martial may not...

§ 12-64-707. Rehearings - (a) (1) If the convening authority disapproves the findings and...

§ 12-64-708. Change in sentence - (a) A convening authority may remit or suspend any part...

§ 12-64-709. Vacation of suspension of sentence - (a) (1) Before the vacation of the suspension of a...

§ 12-64-710. Review counsel - The accused has the right to be represented during a...

§ 12-64-711. Finality of proceedings, findings, and sentences - (a) The proceedings, findings, and sentences of courts-martial as reviewed...

§ 12-64-712. Petition for a new trial - At any time within two (2) years after approval by...

§ 12-64-713. New trial — Effect on sentence - (a) Under such rules as the Governor may prescribe, all...

§ 12-64-714. Appeal - (a) (1) (A) When an accused has exhausted all other...

Subchapter 8 - Punitive Articles

§ 12-64-801. Persons to be tried or punished - A person shall not be tried or punished for any...

§ 12-64-802. Principals - Any person subject to this code is a principal, if...

§ 12-64-803. Accessory after the fact - Any person subject to this code who, knowing that an...

§ 12-64-804. Conviction of lesser included offense - An accused may be found guilty of an offense necessarily...

§ 12-64-805. Attempts - (a) An act, done with specific intent to commit an...

§ 12-64-806. Conspiracy - Any person subject to this code who conspires with any...

§ 12-64-807. Solicitation - (a) Any person subject to this code shall be punished...

§ 12-64-808. Fraudulent or unlawful enlistment, appointment, or separation - (a) Any person shall be punished as a court-martial may...

§ 12-64-809. Desertion - (a) Any member of the organized militia is guilty of...

§ 12-64-810. Absence without leave - Any person subject to this code shall be punished as...

§ 12-64-811. Missing movement - Any person subject to this code who through neglect or...

§ 12-64-812. Contempt towards officials - Any person subject to this code who uses contemptuous words...

§ 12-64-813. Disrespect towards superior commissioned officer - Any person subject to this code who behaves with disrespect...

§ 12-64-814. Assault generally - A person subject to this code shall be punished as...

§ 12-64-815. Assaulting or willfully disobeying superior commissioned officer - Any person subject to this code shall be punished as...

§ 12-64-816. Insubordinate conduct towards any noncommissioned officer - Any enlisted member shall be punished as a court-martial may...

§ 12-64-817. Failure to obey order or rule - Any person subject to this code shall be punished as...

§ 12-64-818. Cruelty and maltreatment - Any person subject to this code who is guilty of...

§ 12-64-819. Mutiny or sedition - (a) (1) Any person subject to this code is guilty...

§ 12-64-820. Resistance, break of arrest, and escape - A person subject to this code who resists apprehension or...

§ 12-64-821. Releasing prisoner without proper authority - Any person subject to this code who, without proper authority,...

§ 12-64-822. Unlawful detention of another - Any person subject to this code who, except as provided...

§ 12-64-823. Noncompliance with procedural rules - Any person subject to this code shall be punished as...

§ 12-64-824. Misbehavior before the enemy - Any person subject to this code shall be punished as...

§ 12-64-825. Subordinate compelling surrender - Any person subject to this code who compels or attempts...

§ 12-64-826. Improper use of countersign - Any person subject to this code who in time of...

§ 12-64-827. Captured or abandoned property - (a) All persons subject to this code shall secure all...

§ 12-64-828. Aiding the enemy - Any person subject to this code shall be punished as...

§ 12-64-829. Misconduct as a prisoner - Any person subject to this code shall be punished as...

§ 12-64-830. False official statements - Any person subject to this code who, with intent to...

§ 12-64-831. Misuse of military property - Any person subject to this code shall be punished as...

§ 12-64-832. Misuse of nonmilitary property - Any person subject to this code who, while in a...

§ 12-64-833. Improper hazarding of vessel or vehicle - (a) A person subject to this code who willfully and...

§ 12-64-834. Drunken or reckless driving - Any person subject to this code who operates any vehicle...

§ 12-64-835. Misbehavior while at post - Any person subject to this code who is found drunk...

§ 12-64-836. Dueling or fighting - A person subject to this code who fights, without authority,...

§ 12-64-837. Malingering - Any person subject to this code shall be punished as...

§ 12-64-838. Riot or breach of peace - Any person subject to this code who causes or participates...

§ 12-64-839. Provoking speeches or gestures - Any person subject to this code who uses provoking or...

§ 12-64-840. Perjury - Any person subject to this code who in a judicial...

§ 12-64-841. Frauds against the government - Any person subject to this code shall, upon conviction, be...

§ 12-64-842. Stealing property - A person subject to this code who wrongfully and fraudulently...

§ 12-64-843. Conduct unbecoming an officer and a gentleman - Any commissioned officer who is convicted of conduct unbecoming an...

§ 12-64-844. General article — Offenses cognizable by courts-martial - Though not specifically mentioned in this code, all disorders and...

§ 12-64-845. Sexual misconduct - A person subject to this code who engages in sexual...

§ 12-64-846. Sexual harassment - A person subject to this code shall be punished as...

§ 12-64-847. Use or possession of a controlled substance - (a) As used in this section, “controlled substance” means: (1)...

§ 12-64-848. Adultery - A person subject to this code shall be punished as...

§ 12-64-849. Retaliation - A person subject to this code shall be punished as...

§ 12-64-850. Fraudulent use of credit cards, debit cards, and other access devices - A person subject to this code shall be punished as...

§ 12-64-851. Prohibited activities by person in position of special trust - (a) An officer, a noncommissioned officer, or a petty officer...

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Arkansas Code Subtitle 4 - Military Affairs Chapter 64 - Military Justice

Arkansas Code
Subtitle 4 - Military Affairs
Chapter 64 - Military Justice