Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.

Section 31-2A-15 - (Article 15.) Commanding Officer's Non-Judicial Punishment. - (a) Under such regulations as prescribed, any commanding officer may...

Part IV - Court-Martial Jurisdiction.

Section 31-2A-16 - (Article 16.) Courts-Martial Classified. - The three kinds of courts-martial in the state military forces...

Section 31-2A-17 - (Article 17.) Jurisdiction of Courts-Martial in General. - Each component of the Alabama National Guard has court-martial jurisdiction...

Section 31-2A-18 - (Article 18.) Jurisdiction of General Courts-Martial. - Subject to Section 31-2A-17 (Article 17), general courts-martial have jurisdiction...

Section 31-2A-19 - (Article 19.) Jurisdiction of Special Courts-Martial. - Subject to Section 31-2A-17 (Article 17), special courts-martial have jurisdiction...

Section 31-2A-20 - (Article 20.) Jurisdiction of Summary Courts-martial.. - (a) Subject to Section 31-2A-17 (Article 17), summary courts-martial have...

Section 31-2A-21 - (Article 21.) Reserved. - Reserved.

Part V - Appointment and Composition of Courts-Martial.

Section 31-2A-22 - (Article 22.) Who May Convene General Courts-Martial. - (a) General courts-martial may be convened by any one of...

Section 31-2A-23 - (Article 23.) Who May Convene Special Courts-Martial. - (a) Special courts-martial may be convened by any one of...

Section 31-2A-24 - (Article 24.) Who May Convene Summary Court-Martial. - (a) Summary courts-martial may be convened by any one of...

Section 31-2A-25 - (Article 25.) Who May Serve on Courts-Martial. - (a) Any commissioned officer of the Alabama National Guard is...

Section 31-2A-26 - (Article 26.) Military Judge of a General or Special Court-Martial. - (a) A military judge shall be detailed to each general...

Section 31-2A-27 - (Article 27.) Detail of Trial Counsel and Defense Counsel. - (a)(1) Trial counsel and defense counsel shall be detailed for...

Section 31-2A-28 - (Article 28.) Detail or Employment of Reporters and Interpreters. - Under such regulations as may be prescribed, the convening authority...

Section 31-2A-29 - (Article 29.) Absent and Additional Members. - (a) No member of a general or special court-martial may...

Part VI - Pre-Trial Procedure.

Section 31-2A-30 - (Article 30.) Charges and Specifications. - (a) Charges and specifications shall be signed by a person...

Section 31-2A-31 - (Article 31.) Compulsory Self-Incrimination Prohibited. - (a) No person subject to this code may compel any...

Section 31-2A-32 - (Article 32.) Preliminary Hearing; Report. - (a) No charge or specification may be referred to a...

Section 31-2A-33 - (Article 33.) Reserved. - Reserved.

Section 31-2A-34 - (Article 34.) Advice of Judge Advocate and Reference for Trial. - (a) Before directing the trial of any charge by general...

Section 31-2A-35 - (Article 35.) Service of Charges. - The trial counsel shall serve or caused to be served...

Part VII - Trial Procedure.

Section 31-2A-36 - (Article 36.) Governor or the Adjutant General May Prescribe Rules - Pretrial, trial, and post-trial procedures, including modes of proof, for...

Section 31-2A-37 - (Article 37.) Unlawfully Influencing Action of Court. - (a) No authority convening a general, special, or summary court-martial,...

Section 31-2A-38 - (Article 38.) Duties of Trial Counsel and Defense Counsel. - (a) The trial counsel of a general or special court-martial...

Section 31-2A-39 - (Article 39.) Sessions. - (a) At any time after the service of charges which...

Section 31-2A-40 - (Article 40.) Continuances. - The military judge of a court-martial or the summary court-martial...

Section 31-2A-41 - (Article 41.) Challenges. - (a) Challenges For Cause. (1) The military judge and members...

Section 31-2A-42 - (Article 42.) Oaths or Affirmations. - (a) Before performing their respective duties, military judges, general and...

Section 31-2A-43 - (Article 43.) Statute of Limitations. - (a) Except as otherwise provided in this article, a person...

Section 31-2A-44 - (Article 44.) Former Jeopardy. - (a) No person, without his or her consent, may be...

Section 31-2A-45 - (Article 45.) Pleas of the Accused. - (a) If an accused after arraignment makes an irregular pleading,...

Section 31-2A-46 - (Article 46.) Opportunity to Obtain Witnesses and Other Evidence; Subpoena. - The trial counsel, the defense counsel, and the court-martial shall...

Section 31-2A-47 - (Article 47.) Refusal to Appear or Testify. - (a) Any person not subject to this code who does...

Section 31-2A-48 - (Article 48.) Contempt. - A military judge or summary court-martial officer may punish for...

Section 31-2A-49 - (Article 49.) Depositions. - (a) At any time after charges have been signed as...

Section 31-2A-50 - (Article 50.) Admissibility of Records of Courts of Inquiry. - (a) In any case not extending to the dismissal of...

Section 31-2A-50a - (Article 50a.) Defense of Lack of Mental Responsibility. - (a) It is an affirmative defense in a trial by...

Section 31-2A-51 - (Article 51.) Voting and Rulings. - (a) Voting by members of a general or special court-martial...

Section 31-2A-52 - (Article 52.) Number of Votes Required. - (a) No person may be convicted of an offense except...

Section 31-2A-53 - (Article 53.) Court to Announce Action. - A court-martial shall announce its findings and sentence to the...

Section 31-2A-54 - (Article 54.) Record of Trial. - (a) Each general and special court-martial shall keep a separate...

Part VIII - Sentences.

Section 31-2A-55 - (Article 55.) Cruel and Unusual Punishments Prohibited. - Punishment by flogging, or by branding, marking, or tattooing on...

Section 31-2A-56 - (Article 56.) Maximum Limits. - (a) The punishment which a court-martial may direct for an...

Section 31-2A-57 - (Article 57.) Effective Date of Sentences. - (a) Whenever a sentence of a court-martial as lawfully adjudged...

Section 31-2A-57a - (Article 57a.) Deferment of Sentences. - (a) On application by an accused who is under sentence...

Section 31-2A-58 - (Article 58.) Execution of Confinement. - (a) A sentence of confinement adjudged by a court-martial, whether...

Section 31-2A-58a - (Article 58a.) Sentences: Reduction in Enlisted Grade Upon Approval. - (a) A court-martial sentence of an enlisted member in a...

Section 31-2A-58b - (Article 58b.) Sentences: Forfeiture of Pay and Allowances During Confinement. - (a)(1) A court-martial sentence described in subdivision (2) shall result...

Part IX - Post-Trial Procedure and Review of Courts-Martial.

Section 31-2A-59 - (Article 59.) Error of Law; Lesser Included Offense. - (a) A finding or sentence of a court-martial may not...

Section 31-2A-60 - (Article 60.) Action by the Convening Authority. - (a) The findings and sentence of a court-martial shall be...

Section 31-2A-61 - (Article 61.) Withdrawal of Appeal. - (a) In each case subject to appellate review under this...

Section 31-2A-62 - (Article 62.) Appeal by the State. - (a)(1) In a trial by court-martial in which a punitive...

Section 31-2A-63 - (Article 63.) Rehearings. - Each rehearing under this code shall take place before a...

Section 31-2A-64 - (Article 64.) Review by the Senior Judge Advocate. - (a) Each general and special court-martial case in which there...

Section 31-2A-65 - (Article 65.) Disposition of Records After Review by the Convening Authority. - Except as otherwise required by this code, all records of...

Section 31-2A-66 - (Article 66.) Military Court-Martial Review Panel. - The Governor shall establish a Military Court-Martial Review Panel which...

Section 31-2A-67 - (Article 67.) Review by State Appellate Authority. - Decisions of the Military Court-Martial Review Panel are subject to...

Section 31-2A-68 - (Article 68.) Reserved. - Reserved.

Section 31-2A-69 - (Article 69.) Reserved. - Reserved.

Section 31-2A-70 - (Article 70.) Appellate Counsel. - (a) The senior judge advocate shall detail a judge advocate...

Section 31-2A-71 - (Article 71.) Execution of Sentence; Suspension of Sentence. - (a) If the sentence of the court-martial extends to dismissal...

Section 31-2A-72 - (Article 72.) Vacation of Suspension. - (a) Before the vacation of the suspension of a special...

Section 31-2A-73 - (Article 73.) Petition for a New Trial. - At any time within two years after approval by the...

Section 31-2A-74 - (Article 74.) Remission and Suspension. - (a) The Governor may remit or suspend any part or...

Section 31-2A-75 - (Article 75.) Restoration. - (a) Under such regulations as may be prescribed, all rights,...

Section 31-2A-76 - (Article 76.) Finality of Proceedings, Findings, and Sentences. - The appellate review of records of trial provided by this...

Section 31-2A-76a - (Article 76a.) Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions. - Under rules prescribed, an accused who has been sentenced by...

Section 31-2A-76b - (Article 76b.) Lack of Mental Capacity or Mental Responsibility. - The determination of lack of mental capacity or mental responsibility...

Part X - Punitive Articles.

Section 31-2A-77 - (Article 77.) Principals. - Any person subject to this code who does either of...

Section 31-2A-78 - (Article 78.) Accessory After the Fact. - Any person subject to this code who, knowing that an...

Section 31-2A-79 - (Article 79.) Conviction of Lesser Included Offense. - An accused may be found guilty of an offense necessarily...

Section 31-2A-80 - (Article 80.) Attempts. - (a) An act, done with specific intent to commit an...

Section 31-2A-81 - (Article 81.) Conspiracy. - Any person subject to this code who conspires with any...

Section 31-2A-82 - (Article 82.) Solicitation. - Any person subject to this code who solicits or advises...

Section 31-2A-83 - (Article 83.) Fraudulent Enlistment, Appointment, or Separation. - Any person who does either of the following shall be...

Section 31-2A-84 - (Article 84.) Unlawful Enlistment, Appointment, or Separation. - Any person subject to this code who effects an enlistment...

Section 31-2A-85 - (Article 85.) Desertion. - (a) Any member of the Alabama National Guard who does...

Section 31-2A-86 - (Article 86.) Absence Without Leave. - Any person subject to this code who, without authority, does...

Section 31-2A-87 - (Article 87.) Missing Movement. - Any person subject to this code who through neglect or...

Section 31-2A-88 - (Article 88.) Reserved. - Reserved.

Section 31-2A-89 - (Article 89.) Disrespect Toward Superior Commissioned Officer. - Any person subject to this code who behaves with disrespect...

Section 31-2A-90 - (Article 90.) Assaulting or Willfully Disobeying Superior Commissioned Officer. - Any person subject to this code who does either of...

Section 31-2A-91 - (Article 91.) Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer. - Any warrant officer or enlisted member who does any of...

Section 31-2A-92 - (Article 92.) Failure to Obey Order or Regulation. - Any person subject to this code who does any of...

Section 31-2A-93 - (Article 93.) Cruelty and Maltreatment. - Any person subject to this code who is guilty of...

Section 31-2A-94 - (Article 94.) Mutiny or Sedition. - (a) Any person subject to this code who: (1) With...

Section 31-2A-95 - (Article 95.) Resistance, Flight, Breach of Arrest, and Escape. - Any person subject to this code who does any of...

Section 31-2A-96 - (Article 96.) Releasing Prisoner Without Proper Authority. - Any person subject to this code who, without proper authority,...

Section 31-2A-97 - (Article 97.) Unlawful Detention. - Any person subject to this code who, except as provided...

Section 31-2A-98 - (Article 98.) Noncompliance With Procedural Rules. - Any person subject to this code who does either of...

Section 31-2A-99 - (Article 99.) Misbehavior Before the Enemy. - Any person subject to this code who before or in...

Section 31-2A-100 - (Article 100.) Subordinate Compelling Surrender. - Any person subject to this code who compels or attempts...

Section 31-2A-101 - (Article 101.) Improper Use of Countersign. - Any person subject to this code who in time of...

Section 31-2A-102 - (Article 102.) Forcing a Safeguard. - Any person subject to this code who forces a safeguard...

Section 31-2A-103 - (Article 103.) Captured or Abandoned Property. - (a) All persons subject to this code shall secure all...

Section 31-2A-104 - (Article 104.) Aiding the Enemy. - Any person subject to this code who does either of...

Section 31-2A-105 - (Article 105.) Misconduct as Prisoner. - Any person subject to this code who, while in the...

Section 31-2A-106 - (Article 106.) Reserved. - Reserved.

Section 31-2A-106a - (Article 106a.) Reserved. - Reserved.

Section 31-2A-107 - (Article 107.) False Official Statements. - Any person subject to this code who, with intent to...

Section 31-2A-108 - (Article 108.) Military Property - Loss, Damage, Destruction, or Wrongful Disposition. - Any person subject to this code who, without proper authority...

Section 31-2A-109 - (Article 109.) Property Other Than Military Property - Waste, Spoilage, or Destruction. - Any person subject to this code who willfully or recklessly...

Section 31-2A-110 - (Article 110.) Improper Hazarding of Vessel. - (a) Any person subject to this code who willfully and...

Section 31-2A-111 - (Article 111.) Reserved. - Reserved.

Section 31-2A-112 - (Article 112.) Drunk on Duty. - Any person subject to this code, other than a sentinel...

Section 31-2A-112a - (Article 112a.) Wrongful Use, Possession, etc., of Controlled Substances. - (a) Any person subject to this code who wrongfully uses,...

Section 31-2A-112b - (Article 112b.) Wrongful Possession, etc., of Drug Paraphernalia. - Any person subject to this code who wrongfully possesses, manufactures,...

Section 31-2A-113 - (Article 113.) Misbehavior of Sentinel. - Any sentinel or lookout who is found drunk or sleeping...

Section 31-2A-114 - (Article 114.) Dueling. - Any person subject to this code who fights or promotes...

Section 31-2A-115 - (Article 115.) Malingering. - Any person subject to this code who for the purpose...

Section 31-2A-116 - (Article 116.) Riot or Breach of Peace. - Any person subject to this code who causes or participates...

Section 31-2A-117 - (Article 117.) Provoking Speeches or Gestures. - Any person subject to this code who uses provoking or...

Section 31-2A-118 - (Article 118.) Reserved. - Reserved.

Section 31-2A-119 - (Article 119.) Reserved. - Reserved.

Section 31-2A-120 - (Article 120.) Reserved. - Reserved.

Section 31-2A-121 - (Article 121.) Larceny and Wrongful Appropriation. - (a) Any person subject to this code who wrongfully takes,...

Section 31-2A-122 - (Article 122.) Reserved. - Reserved.

Section 31-2A-123 - (Article 123.) Forgery. - Any person subject to this code who, with intent to...

Section 31-2A-123a - (Article 123a.) Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds. - (a) Any person subject to this code who, for the...

Section 31-2A-124 - (Article 124.) Reserved. - Reserved.

Section 31-2A-125 - (Article 125.) Reserved. - Reserved.

Section 31-2A-126 - (Article 126.) Reserved. - Reserved.

Section 31-2A-127 - (Article 127.) Extortion. - Any person subject to this code who communicates threats to...

Section 31-2A-128 - (Article 128.) Assault. - (a) Any person subject to this code who attempts or...

Section 31-2A-129 - (Article 129.) Reserved. - Reserved.

Section 31-2A-130 - (Article 130.) Housebreaking. - Any person subject to this code who unlawfully enters the...

Section 31-2A-131 - (Article 131.) Perjury. - Any person subject to this code who in a judicial...

Section 31-2A-132 - (Article 132.) Frauds Against the Government. - Any person subject to this code who does any of...

Section 31-2A-133 - (Article 133.) Conduct Unbecoming an Officer and a Gentleman. - Any commissioned officer, cadet, candidate, or midshipman who is convicted...

Section 31-2A-134 - (Article 134.) General Article. - Though not specifically mentioned in this code, all disorders and...

Part XI - Miscellaneous Provisions.

Section 31-2A-135 - (Article 135.) Courts of Inquiry. - (a) Courts of inquiry to investigate any matter of concern...

Section 31-2A-136 - (Article 136.) Authority to Administer Oaths and to Act as Notary. - (a) The following persons may administer oaths for the purposes...

Section 31-2A-137 - (Article 137.) Articles to Be Explained. - (a)(1) The articles of this code shall be carefully explained...

Section 31-2A-138 - (Article 138.) Complaints of Wrongs. - Any member of the Alabama National Guard who believes himself...

Section 31-2A-139 - (Article 139.) Reserved. - Reserved.

Section 31-2A-140 - (Article 140.) Delegation by the Governor. - The Governor may delegate any authority vested in the Governor...

Section 31-2A-141 - (Article 141.) Reserved. - Reserved.

Section 31-2A-142 - (Article 142.) Reserved. - Reserved.

Section 31-2A-143 - (Article 143.) Uniformity of Interpretation. - This code shall be so construed as to effectuate its...

Section 31-2A-144 - (Article 144.) Immunity for Action of Military Courts. - All persons acting within their official capacity under the provisions...

Section 31-2A-145 - (Article 145.) Severability. - The provisions of this code are hereby declared to be...

Section 31-2A-146 - (Article 146.) Short Title. - This act may be cited as the Alabama Code of...

Section 31-2A-147 - Article 147. Construction of Chapter. - To the extent not inconsistent with existing law, nothing in...

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Code of Alabama Title 31 - Military Affairs and Civil Defense. Chapter 2A - Military Justice.

Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.