Georgia Code
Chapter 2 - Military Affairs
Article 5 - Code of Military Justice

§ 38-2-1015. Commanding Officer’s Disciplinary Punishment; Regulations Limiting; Officers in Charge; Appeal; Effect on More Serious Offenses - (A) Mitigate reduction in grade to forfeiture of pay; (B)...

Part 4 - Classification of Courts-Martial

§ 38-2-1016. Classification of Courts-Martial - There shall be three kinds of courts-martial in the organized...

§ 38-2-1017. Jurisdiction of Courts-Martial; Generally - Each force of the organized militia has court-martial jurisdiction over...

§ 38-2-1018. General Courts-Martial - Subject to Code Section 38-2-1017, general courts-martial shall have jurisdiction...

§ 38-2-1019. Special Courts-Martial - Subject to Code Section 38-2-1017, special courts-martial shall have jurisdiction...

§ 38-2-1020. Summary Courts-Martial - History. Code 1981, § 38-2-1020 , enacted by Ga. L....

Part 5 - Convening of Courts-Martial

§ 38-2-1022. Convening of General Courts-Martial - History. Code 1981, § 38-2-1022 , enacted by Ga. L....

§ 38-2-1023. Convening of Special Courts-Martial - History. Code 1981, § 38-2-1023 , enacted by Ga. L....

§ 38-2-1024. Convening of Summary Courts-Martial - History. Code 1981, § 38-2-1024 , enacted by Ga. L....

§ 38-2-1025. Eligibility to Serve on Courts-Martial - History. Code 1981, § 38-2-1025 , enacted by Ga. L....

§ 38-2-1026. Military Judge - History. Code 1981, § 38-2-1026 , enacted by Ga. L....

§ 38-2-1027. Trial Counsel and Assistants - History. Code 1981, § 38-2-1027 , enacted by Ga. L....

§ 38-2-1028. Appointment of Court Reporters and Interpreters - Under such regulations as may be prescribed by the Governor...

§ 38-2-1029. Absent and Additional Members; Not Less Than Six Members Required; Disability of Judge - History. Code 1981, § 38-2-1029 , enacted by Ga. L....

Part 6 - Pretrial Procedure

§ 38-2-1030. Charges and Specification - History. Code 1981, § 38-2-1030 , enacted by Ga. L....

§ 38-2-1031. Compulsory Self-Incrimination Prohibited - History. Code 1981, § 38-2-1031 , enacted by Ga. L....

§ 38-2-1032. Investigation; Cross-Examination; Effect of Failure to Perform - History. Code 1981, § 38-2-1032 , enacted by Ga. L....

§ 38-2-1033. Forwarding of Charges - When a person is held for trial by general court-martial,...

§ 38-2-1034. Advice of Staff Judge Advocate and Reference for Trial; Corrections - If the specification is referred for trial, the recommendation of...

§ 38-2-1035. Service of Copy of Charges; Time Period Before Trial - The trial counsel shall serve or cause to be served...

Part 7 - Trial Procedures

§ 38-2-1036. Governor May Prescribe Rules and Regulations - Pretrial, trial, and post-trial procedures, including, but not limited to,...

§ 38-2-1037. Unlawfully Influencing Action of Court - History. Code 1981, § 38-2-1037 , enacted by Ga. L....

§ 38-2-1038. Trial Counsel - History. Code 1981, § 38-2-1038 , enacted by Ga. L....

§ 38-2-1039. Calling Court Into Session Without Presence of Members; Purpose - History. Code 1981, § 38-2-1039 , enacted by Ga. L....

§ 38-2-1040. Granting Continuance - The military judge of a court-martial or a summary court-martial...

§ 38-2-1041. Challenges for Cause; Order of Presentation; Peremptory Challenges - History. Code 1981, § 38-2-1041 , enacted by Ga. L....

§ 38-2-1042. Oaths - History. Code 1981, § 38-2-1042 , enacted by Ga. L....

§ 38-2-1043. Statute of Limitations - History. Code 1981, § 38-2-1043 , enacted by Ga. L....

§ 38-2-1044. Double Jeopardy - History. Code 1981, § 38-2-1044 , enacted by Ga. L....

§ 38-2-1045. Pleas of Accused - History. Code 1981, § 38-2-1045 , enacted by Ga. L....

§ 38-2-1046. Opportunity to Obtain Witnesses and Other Evidence - The trial counsel, the defense counsel, and the summary court-martial...

§ 38-2-1046.1. Issuance of Process and Mandates; Who May Issue; Execution - History. Code 1981, § 38-2-1046.1 , enacted by Ga. L....

§ 38-2-1047. Refusal to Appear or Testify; Penalty - shall be punished by the military court in the same...

§ 38-2-1048. Contempt; Penalty - History. Code 1981, § 38-2-1048 , enacted by Ga. L....

§ 38-2-1049. Depositions - History. Code 1981, § 38-2-1049 , enacted by Ga. L....

§ 38-2-1050. Admissibility of Records of Courts of Inquiry - History. Code 1981, § 38-2-1050 , enacted by Ga. L....

§ 38-2-1050.1. Defense of Mental Disease or Defect - History. Code 1981, § 38-2-1050.1 , enacted by Ga. L....

§ 38-2-1051. Voting, Rulings, and Charge - History. Code 1981, § 38-2-1051 , enacted by Ga. L....

§ 38-2-1052. Number of Votes Required for Conviction - History. Code 1981, § 38-2-1052 , enacted by Ga. L....

§ 38-2-1053. Prompt Announcement of Findings and Sentence - A court-martial shall announce its findings and sentence to the...

§ 38-2-1054. Trial Record; Contents; Authentication; Accused Entitled to Copy - History. Code 1981, § 38-2-1054 , enacted by Ga. L....

Part 8 - Sentences

§ 38-2-1055. Cruel and Unusual Punishments Prohibited - Punishment by flogging or by branding, marking, or tattooing on...

§ 38-2-1056. Maximum Sentencing Limits - History. Code 1981, § 38-2-1056 , enacted by Ga. L....

§ 38-2-1057. Effective Date of Sentences - History. Code 1981, § 38-2-1057 , enacted by Ga. L....

§ 38-2-1057.1. Deferment of Sentence - History. Code 1981, § 38-2-1057.1 , enacted by Ga. L....

§ 38-2-1058. Execution of Confinement; Discipline While in Civil Jails; Hard Labor; Civil Confinement According to Law - History. Code 1981, § 38-2-1058 , enacted by Ga. L....

§ 38-2-1058.1. Reduction of Pay Grade - History. Code 1981, § 38-2-1058.1 , enacted by Ga. L....

§ 38-2-1058.2. Forfeiture of Pay and Allowances - History. Code 1981, § 38-2-1058.2 , enacted by Ga. L....

Part 9 - Review of Courts-Martial

§ 38-2-1059. Effect of Error of Law on Appeal; Material Prejudice; Lesser Included Offense - History. Code 1981, § 38-2-1059 , enacted by Ga. L....

§ 38-2-1060. Report of Findings and Sentence; Submission of Matters for Consideration to Convening Authority; Record of Trial; Modification of Findings and Sentence; Recommendation of Staff Judge Advocate; Proceeding in Revision; Rehearing - History. Code 1981, § 38-2-1060 , enacted by Ga. L....

§ 38-2-1061. Withdrawal of Appeal - History. Code 1981, § 38-2-1061 , enacted by Ga. L....

§ 38-2-1062. State May Appeal Certain Rulings - History. Code 1981, § 38-2-1062 , enacted by Ga. L....

§ 38-2-1063. Rehearings; Grounds; Members of Court; Effect on Sentence - Each rehearing under this article shall take place before a...

§ 38-2-1064. Guilty Findings Reviewed by State Judge Advocate - History. Code 1981, § 38-2-1064 , enacted by Ga. L....

§ 38-2-1065. Disposition of Trial Records - Except as otherwise required by this article, all records of...

§ 38-2-1067. Court-Martial Review Panel; Members; Rules and Regulations - History. Code 1981, § 38-2-1067 , enacted by Ga. L....

§ 38-2-1070. Appellate Government Counsel - History. Code 1981, § 38-2-1070 , enacted by Ga. L....

§ 38-2-1071. Execution of Sentence Extending to Dismissal or Dishonorable or Bad Conduct Discharge - History. Code 1981, § 38-2-1071 , enacted by Ga. L....

§ 38-2-1072. Vacation of Suspension of Sentence; Hearing; Legal Representation by Military Counsel; Record of Hearing - History. Code 1981, § 38-2-1072 , enacted by Ga. L....

§ 38-2-1073. Petition for New Trial; Time Period; Grounds - History. Code 1981, § 38-2-1073 , enacted by Ga. L....

§ 38-2-1074. Remission or Suspension of Sentence; Modification of Type of Discharge by Governor - History. Code 1981, § 38-2-1074 , enacted by Ga. L....

§ 38-2-1075. Restoration of Rights, Privileges, and Property, in Event of Remission; Administrative Discharge; Reinstatement - History. Code 1981, § 38-2-1075 , enacted by Ga. L....

§ 38-2-1076. Finality of Proceedings, Findings, and Sentences; Binding Effect - The appellate review of records of trial provided by this...

§ 38-2-1076.1. Court-Martial Sentence Requires Taking Leave - Under regulations prescribed pursuant to Part 1 of Article 2...

Part 10 - Punitive Provisions

§ 38-2-1077. Principals - Any person subject to this article who: is a principal....

§ 38-2-1078. Accessory After the Fact - Any person subject to this article who, knowing that an...

§ 38-2-1079. Conviction of Lesser Included Offense - An accused may be found guilty of an offense necessarily...

§ 38-2-1080. Attempts - History. Code 1981, § 38-2-1080 , enacted by Ga. L....

§ 38-2-1081. Conspiracy - Any person subject to this article who conspires with any...

§ 38-2-1082. Solicitation of Desertion, Mutiny, Misbehavior Before the Enemy, or Sedition - History. Code 1981, § 38-2-1082 , enacted by Ga. L....

§ 38-2-1083. Fraudulent Enlistment, Appointment, or Separation - Any person who: shall be punished as a court-martial may...

§ 38-2-1084. Unlawful Enlistment, Appointment, or Separation - Any person subject to this article who effects an enlistment...

§ 38-2-1085. Desertion - History. Code 1981, § 38-2-1085 , enacted by Ga. L....

§ 38-2-1086. Absence Without Leave - Any person subject to this article shall be punished as...

§ 38-2-1087. Missing Movement of Ship, Aircraft, or Unit - Any person subject to this article who through neglect or...

§ 38-2-1088. Contempt Toward Officials - Any commissioned officer who uses contemptuous words against the President,...

§ 38-2-1089. Disrespect Toward a Superior Officer - Any person subject to this article who behaves with disrespect...

§ 38-2-1090. Assaulting or Willfully Disobeying Officer - Any person subject to this article who: shall be punished,...

§ 38-2-1091. Insubordination Toward Warrant or Noncommissioned Officer - Any warrant officer or enlisted member shall be punished as...

§ 38-2-1092. Failure to Obey Order or Regulation - Any person subject to this article shall be punished as...

§ 38-2-1093. Cruelty and Maltreatment of Others Under One’s Command - Any person subject to this article who is guilty of...

§ 38-2-1094. Mutiny and Sedition - History. Code 1981, § 38-2-1094 , enacted by Ga. L....

§ 38-2-1095. Resistance, Breach of Arrest, and Escape - Any person subject to this article shall be punished as...

§ 38-2-1096. Assistance in a Prisoner’s Escape - Any person subject to this article who, without proper authority,...

§ 38-2-1097. Unlawful Detention - Any person subject to this article who, except as provided...

§ 38-2-1098. Noncompliance With Procedural Rules; Unnecessary Delay - Any person subject to this article shall be punished as...

§ 38-2-1099. Misbehavior Before the Enemy - Any person subject to this article shall be punished as...

§ 38-2-1100. Compelling Surrender - Any person subject to this article who compels or attempts...

§ 38-2-1101. Disclosure or Improper Use of Countersign or Parole - Any person subject to this article who in time of...

§ 38-2-1102. Forcing a Safeguard - Any person subject to this article who forces a safeguard...

§ 38-2-1103. Captured or Abandoned Property; Trading and Looting Prohibited - History. Code 1981, § 38-2-1103 , enacted by Ga. L....

§ 38-2-1104. Aiding the Enemy - Any person subject to this article shall be punished as...

§ 38-2-1105. Misconduct as Prisoner of War - Any person subject to this article shall be punished as...

§ 38-2-1107. Signing False Official Document; Making False Official Statement - Any person subject to this article who, with intent to...

§ 38-2-1108. Military Property; Loss, Damage, Destruction, or Wrongful Disposition - Any person subject to this article shall be punished as...

§ 38-2-1109. Property Other Than Military Property; Waste, Spoilage, or Destruction - Any person subject to this article who willfully or recklessly...

§ 38-2-1110. Willful or Negligent Hazarding of Vessel - History. Code 1981, § 38-2-1110 , enacted by Ga. L....

§ 38-2-1111. Driving While Under the Influence of Drugs or Alcohol - Any person subject to this article shall be punished as...

§ 38-2-1112. Under the Influence of Alcohol While on Duty - Any person subject to this article, other than a sentinel...

§ 38-2-1112.1. Use, Possession, Manufacture, Distribution, or Importation of Certain Controlled Substances; Exceptions - History. Code 1981, § 38-2-1112.1 , enacted by Ga. L....

§ 38-2-1113. Drunk or Sleeping While Standing Post - Any sentinel or lookout who is found under the influence...

§ 38-2-1115. Malingering; Feigning Illness; Self-Infliction of Injury - Any person subject to this article shall be punished as...

§ 38-2-1116. Riot or Breach of Peace - Any person subject to this article who causes or participates...

§ 38-2-1117. Provoking Words or Gestures - Any person subject to this article who uses provoking or...

§ 38-2-1131. Perjury - Any person subject to this article is guilty of perjury...

§ 38-2-1132. Fraudulent Claims Against the Government - Any person subject to this article shall, upon conviction, be...

§ 38-2-1133. Conduct Unbecoming an Officer - Any commissioned officer, cadet, candidate, or midshipman who is convicted...

§ 38-2-1134. General Provision - Though not specifically mentioned in this article, all disorders and...

Part 11 - Miscellaneous Provisions

§ 38-2-1135. Courts of Inquiry; Composition; Parties; Report - History. Code 1981, § 38-2-1135 , enacted by Ga. L....

§ 38-2-1136. Authority to Administer Oaths; Limitations; Effect of Signature - History. Code 1981, § 38-2-1136 , enacted by Ga. L....

§ 38-2-1136.1. Marshals; Duties, Powers, Immunities - History. Code 1981, § 38-2-1136.1 , enacted by Ga. L....

§ 38-2-1137. Explanation of Code Sections to Enlisted Personnel - History. Code 1981, § 38-2-1137 , enacted by Ga. L....

§ 38-2-1138. Complaints of Wrongs by Commanding Officers - Any member of the organized militia who believes himself or...

§ 38-2-1138.1. State Administrative Letter of Reprimand - History. Code 1981, § 38-2-1138.1 , enacted by Ga. L....

§ 38-2-1139. Redress of Injuries to Private Property; Complaint; Investigating Board; Assessment - History. Code 1981, § 38-2-1139 , enacted by Ga. L....

§ 38-2-1140. Delegation of Authority by Governor - Except as provided in Code Section 38-2-1022, the Governor may...

§ 38-2-1141. Fees and Authorized Travel Expenses of Witnesses, Victims, Court Reporters, and Interpreters - The fees and authorized travel expenses of all witnesses, experts,...

§ 38-2-1142. Fines for Contempt; Methods of Collection and Payment - History. Code 1981, § 38-2-1142 , enacted by Ga. L....

§ 38-2-1143. Construction With the Federal Uniform Code of Military Justice - This article shall be so construed as to effectuate its...

§ 38-2-1144. Immunity - All persons acting under the provisions of this article, whether...

§ 38-2-1145. Severability - The provisions of this article are hereby declared to be...

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Georgia Code Chapter 2 - Military Affairs Article 5 - Code of Military Justice

Georgia Code
Chapter 2 - Military Affairs
Article 5 - Code of Military Justice