Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs

§ 38-2-5. Federal Call Up of Militia; Governor’s Duties; Utilization of Unorganized Militia; Effect of Unit’s Absence - When the militia of the state is called into federal...

§ 38-2-6. Ordering Organized Militia Into Active State Service; Governor’s Duties; Local Officials’ Duties; Declaration of State of Emergency; Pay - History. Ga. L. 1916, p. 158, §§ 2, 3; Code...

§ 38-2-6.1. Request by Governor for Members to Report for Active Duty Without First Having Declared an Emergency - The Governor is authorized and empowered to request individual members...

§ 38-2-7. Declaration of Martial Rule; Area Encompassed Specifically Designated - Whenever any portion of the organized militia is employed pursuant...

§ 38-2-8. State Reserve List; Composition; Active Duty; Length of Service Computations; Applicable Rules and Regulations - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-9. State Retired List; Officers; Enlisted Persons; Grade Upon Transfer to List; Return to Active Duty; Computation of Time - History. Ga. L. 1951, p. 311, § 18; Ga. L....

§ 38-2-10. Use of National Guard in Drug Law Enforcement, Provision of Medical Care in Medically Underserved Areas, and for Youth Opportunity Training Programs - History. Code 1981, § 38-2-10 , enacted by Ga. L....

§ 38-2-11. Implementation of Federally Approved Counterdrug Law Enforcement Plans - History. Code 1981, § 38-2-11 , enacted by Ga. L....

§ 38-2-12. Use of National Guard as Honor Guards for Veterans’ Funerals - Subject to the appropriation by the General Assembly of funds...

Part 2 - Organized Militia

§ 38-2-20. Land Force; Army National Guard - The land force of the organized militia shall be the...

§ 38-2-21. Air Force; Air National Guard - The air force of the organized militia shall be the...

§ 38-2-22. Naval Force; Naval Militia - History. Ga. L. 1916, p. 158, § 4; Code 1933,...

§ 38-2-23. State Defense Force - The State Defense Force, whenever such a state force shall...

§ 38-2-24. Organizational and Training Guidelines - The forces of the organized militia shall be organized, armed,...

§ 38-2-25. Assemblies; Annual Training; Special Duty; Active Duty; Declaration of Emergency - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-26. Maintenance of Armories and Training Facilities for Militia Units - Unless the same shall be furnished by the United States,...

§ 38-2-27. Organization of Militia Units to Conform to Federal Regulations; Governor’s Organizational Powers; Restrictions on Disbanding Units - History. Ga. L. 1951, p. 311, §§ 4, 17; Ga....

§ 38-2-28. Inactive National Guard; Composition - The inactive National Guard shall consist of the persons commissioned,...

§ 38-2-29. Credit for Active Federal Service - For all purposes under this chapter, members of the organized...

§ 38-2-30. Resumption of Membership in Organized Militia by National Guard Personnel on Release From Active Federal Service - Upon their release from the active service of the United...

§ 38-2-31. Purchase and Issue of Military Property; Emergency Purchases; Disposal of Obsolete Property - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-32. Responsibility for Military Property or Funds; Bond; Pay Deductions for Lost or Damaged Equipment; Action by Attorney General to Recover Damages - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

Part 3 - State Defense Force

§ 38-2-50. Creation or Disbandment; Organization and Administration; Commander - The State Defense Force may be created, established, maintained, or...

§ 38-2-51. Authority of Governor - History. Ga. L. 1917, p. 91, § 2; Code 1933,...

§ 38-2-52. Detail of Officers From Retired and Reserve Lists and National Guard to State Defense Force - History. Ga. L. 1951, p. 311, § 28; Ga. L....

§ 38-2-53. Detail of National Guard Enlisted Personnel to State Defense Force - Enlisted persons of the Georgia National Guard may be detailed...

§ 38-2-54. Duties, Privileges, and Immunities - All duties imposed by the military law or other statutes...

§ 38-2-55. Use and Operation of State Property - Serving members of the State Defense Force are authorized to...

Part 4 - Unorganized Militia

§ 38-2-70. Organizations From Unorganized Militia; Applicable Regulations; Enlistment and Volunteers - To the extent permitted by the Constitution and laws of...

§ 38-2-71. Registration of Members of Unorganized Militia - Whenever he shall deem it necessary, the Governor may direct...

§ 38-2-72. Volunteers or Draftees From Unorganized Militia Serving in Organized Militia; Draft of Unorganized Militia; Compensation and Duration of Duty - History. Ga. L. 1916, p. 158, § 2; Code 1933,...

§ 38-2-73. Failure to Appear for Registration or Draft; Penalty - History. Ga. L. 1916, p. 158, § 2; Code 1933,...

Part 5 - Military Relations With Other States

§ 38-2-90. Service Outside State; Application of State Military Law to Such Service - History. Ga. L. 1951, p. 311, § 24; Ga. L....

§ 38-2-91. Rendering Assistance to Another State’s Armed Forces; Governor’s Request and Recall; Requesting Assistance for This State - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-92. Fresh Pursuit Into or Beyond State; Surrender; Surrender Not Waiver of Extradition - History. Ga. L. 1951, p. 311, § 24; Ga. L....

§ 38-2-93. Compacts for Military Aid Authorized - History. Ga. L. 1955, p. 10, § 19. Cross references....

Article 2 - Military Administration

Part 1 - Commander in Chief and Staff

§ 38-2-110. Governor as Militia Commander in Chief; Issuance and Effect of Regulations - The Governor shall be the commander in chief of the...

§ 38-2-111. Personal Aides-De-Camp; Appointment; Commissions; Length of Service; Duties - The Governor’s personal staff shall consist of one chief of...

§ 38-2-112. Naval Advisor and Aide-De-Camp; Requirements; Length of Service - The Governor shall appoint a naval advisor and aide-de-camp, with...

Part 2 - Department of Defense

§ 38-2-130. Creation; Executive Head; Definition - There shall be an agency of the state government to...

§ 38-2-131. Military Division Authorized; Executive Head; Definition - There shall be within the Department of Defense, as a...

§ 38-2-132. Administration of Militia and Department of Defense; Personnel; State Personnel Board - The militia of the state shall be commanded and its...

Part 3 - Adjutant General and Other Executives

§ 38-2-150. Adjutant General — Eligibility; Appointment; Compensation; Bond - There shall be an adjutant general of the state who...

§ 38-2-151. Adjutant General — Duties; Records; Seal; Effect of Seal on Documentary Evidence - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-152. Assistant Adjutants General; Eligibility; Appointment; Duties; Compensation; Tenure - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-153. State Property and Fiscal Officer; Appointment; Duties; Reports; Bonds; Compensation - The adjutant general may appoint, designate, or detail, subject to...

Part 4 - Appropriations, Finance, and Acquisition of Property

§ 38-2-170. Military Appropriations; Military Fund Created; Use of Military Funds - The General Assembly shall appropriate from time to time a...

§ 38-2-171. Appropriations for Units of Organized Militia; Apportionment by Adjutant General - Out of the funds appropriated for the military fund the...

§ 38-2-172. Transfer of Funds in Emergency; Funds Used in Event of Invasion - History. Ga. L. 1951, p. 311, § 10; Ga. L....

§ 38-2-173. Governor Authorized to Borrow Money - When there is no state appropriation or funds available for...

§ 38-2-174. Governor Authorized to Accept Donations for Organized Militia - The Governor, in his discretion, may accept donations of money...

§ 38-2-175. Governor Authorized to Obtain All Federal Appropriations, Property, and Equipment - The Governor may initiate and take such action as he...

§ 38-2-176. Appropriations of Money or Property by Counties or Municipal Corporations for Local Military Units - The governing authorities of the counties and municipal corporations of...

§ 38-2-177. Establishment of Defense Finance and Accounting Services Facility; Steps Toward Establishment; Intergovernmental Cooperation - History. Ga. L. 1951, p. 311, § 24; Ga. L....

Part 5 - Armories and Other Facilities

§ 38-2-190. Definitions - As used in this part, the term: History. Ga. L....

§ 38-2-191. Construction, Conversion, Expansion, or Alteration of Armories and Other Facilities Authorized When Adjutant General Deems Necessary - The adjutant general, whenever he shall deem it necessary, subject...

§ 38-2-192. Funding, Equipping, and Maintenance of Facilities - The equipping and maintenance of facilities defined in Code Section...

§ 38-2-193. Military Division Authorized to Accept and Procure Federal Funds; Adjutant General Authorized to Utilize Funds for Projects; Recipient of Federal Funds - History. Ga. L. 1955, p. 10, § 72.

§ 38-2-194. Control of Armories and Other Facilities; Officer in Charge - All armories and other facilities defined in Code Section 38-2-190...

§ 38-2-195. Use of Armories and Other Facilities - History. Ga. L. 1955, p. 10, § 74. Cross references....

Article 3 - Personnel

Part 1 - Officers

§ 38-2-210. Appointment and Promotion of Commissioned Officers; Filling of Vacancies; Grounds for Removal - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-211. Qualifications - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-212. Assignment and Transfer - Commissioned officers may be assigned, reassigned, transferred, or detailed to...

§ 38-2-213. Oath of Office; by Whom Administered - Every commissioned officer of the organized militia shall take and...

§ 38-2-214. Uniforms and Equipment - Every commissioned officer shall provide himself with such uniforms and...

§ 38-2-215. Efficiency and Medical Examining Boards — Consideration By; Composition and Appointment Of - History. Ga. L. 1955, p. 10, § 45.

§ 38-2-216. Efficiency and Medical Examining Boards — Powers; Procedure for Appearances; Discharge; Transfer to Reserve or Retired List - Efficiency and medical examining boards appointed by the Governor are...

§ 38-2-217. Resignations; Acts Constituting Resignation; Types of Discharge After Resignation; Resignation of Officers Who Are Accountable for Military Funds or Property - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-218. Absence Without Leave - Any commissioned officer of the organized militia who absents himself...

§ 38-2-219. Warrant Officers - The provisions of this article relating to commissioned officers shall...

Part 2 - Enlisted Personnel

§ 38-2-230. Enlistment; Qualifications; Period of Service; Transfer; Discharge; Extensions of Enlistments - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-231. Contract and Oath of Enlistment; Penalty - Every person who enlists or reenlists in any force of...

§ 38-2-232. Noncommissioned Officers and Petty Officers; Appointments; Appointing Officer; Termination of Appointment - All noncommissioned officers and petty officers of the organized militia...

§ 38-2-233. Discharges; Conditions; Form - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-234. Absent Without Leave; Dropping From Rolls - When an enlisted person of the organized militia absents himself...

Part 3 - Pay, Pensions, and Allowances

§ 38-2-250. Pay While on Active Service; Special Duty; Travel Expenses; Minimum Base Pay - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-252. Uniform Allowance for Officers - Whenever the military fund will permit, the Governor, in his...

Part 4 - Rights, Privileges, and Prohibitions

§ 38-2-270. Relief From Civil or Criminal Liability; Immunity Not Exclusive Security for Attorney’s Fees; Defense by Attorney General Authorized - History. Ga. L. 1955, p. 10, § 78; Ga. L....

§ 38-2-271. Change of Venue for Persons Indicted or Subjected to Civil Action for Performance of Military Duty - Any civil officer, officer, or member of the militia or...

§ 38-2-272. Exemption From Arrest on Civil Process; Uniform and Equipment Exempt From Levy and Sale - No person belonging to the organized militia of the state...

§ 38-2-273. Free Passage Through Tollgates, Tunnels, Toll Bridges, and Ferries While Under Orders - Any person belonging to the organized militia shall, together with...

§ 38-2-274. Unlawful Conversion of Military Property; Penalty - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-275. Unlawful Wearing of Uniforms and Devices Indicating Rank; Penalty - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-276. Exemptions From Jury Duty and Street Tax - Officers and enlisted personnel of the organized militia shall be...

§ 38-2-277. Unauthorized Military Bodies Prohibited; Exceptions; Support by Counties or Cities Prohibited; Penalty for Membership - History. Ga. L. 1916, p. 158, § 2; Code 1933,...

§ 38-2-278. Devises, Bequests, and Conveyances to Military Units as Societies; Officers as Trustees; Effect of Disbandment of Unit - Every unit of the organized militia is and shall be...

§ 38-2-279. Rights of Public Officers and Employees Absent on Military Duty as Members of Organized Militia or Reserve Forces - (e.1) (1) On and after July 1, 2002, every public...

§ 38-2-280. Reemployment in Private Industry; Various Types of Absences; Injunction to Compel; Attorney General’s Aid - the employer shall restore the person to the position or...

§ 38-2-281. Exclusion of Uniformed Military Personnel From Places of Amusement; Penalty - It shall be unlawful for the owner or the owner’s...

§ 38-2-282. Officers and Warrant Officers to Administer Oaths and Witness Documents - Any commissioned officer or warrant officer of any force of...

§ 38-2-283. Awards; Individual; Unit - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-284. Applicability of Part to Residents Who Are Personnel of the National Guard of Other States - Any other provision of law to the contrary notwithstanding, the...

Article 4 - Active Duty Powers

§ 38-2-300. Right of Way for Troops; Exceptions; Penalty - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-301. Closing Places Where Firearms and Ammunition Sold, Where Disorder Likely to Occur; Penalty for Not Obeying Closing Order - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-302. Control of Streets in Case of Riot, Rout, Mob, Tumult, or Unlawful Assembly; Penalty for Remaining on or Failing to Depart Streets - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-303. Dispersion of Mob; Orders; Where Order Unnecessary; Penalty for Failure to Disperse - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-304. Duty of Citizens to Disperse When Shot Fired or Missile Thrown; Penalty; Felony Upon Failure to Disperse After Order - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-305. Authority of Commanding Officer to Order Vicinity of Jail, Building, or Other Place, Off Limits to Unauthorized Personnel; Arrest; Penalty - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-306. Prohibited Conduct in Area of Military Duty Performance - History. Ga. L. 1916, p. 158, § 3; Code 1933,...

§ 38-2-307. Power of National Guard Members to Effect an Arrest - Members of the National Guard may, at the discretion of...

Article 5 - Code of Military Justice

Part 1 - General Provisions

§ 38-2-1000. Short Title - This article shall be known and may be cited as...

§ 38-2-1001. Definitions - As used in this article, the term: History. Code 1981,...

§ 38-2-1002. Applicability; Jurisdiction - History. Code 1981, § 38-2-1002 , enacted by Ga. L....

§ 38-2-1003. Discharge Fraudulently Obtained - History. Code 1981, § 38-2-1003 , enacted by Ga. L....

§ 38-2-1004. Calculating Forfeiture Punishments - When calculating forfeiture punishments under this article for nonactive duty...

§ 38-2-1005. Territorial Applicability of Article - History. Code 1981, § 38-2-1005 , enacted by Ga. L....

§ 38-2-1006. State Judge Advocate; Appointment; Eligibility; Staff Judge Advocate - History. Code 1981, § 38-2-1006 , enacted by Ga. L....

Part 2 - Apprehension and Restraint

§ 38-2-1007. Apprehension - History. Code 1981, § 38-2-1007 , enacted by Ga. L....

§ 38-2-1009. Who May Order the Arrest or Confinement of Members - History. Code 1981, § 38-2-1009 , enacted by Ga. L....

§ 38-2-1010. Restraint of Persons Charged With Offenses - Any person subject to this article who is charged with...

§ 38-2-1011. Confinement and Imprisonment in Civil Jails - Confinement and imprisonment other than in a guard house, whether...

§ 38-2-1012. No Confinement With Enemy Prisoners - No member of the organized militia shall be placed in...

§ 38-2-1013. Restriction on Means of Punishment - No person, while being held for trial or awaiting a...

§ 38-2-1014. Delivery of Offenders to Civil Authorities - History. Code 1981, § 38-2-1014 , enacted by Ga. L....

Part 3 - Nonjudicial Punishment

§ 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 Title 38 - Military, Emergency Management, and Veterans Affairs Chapter 2 - Military Affairs

Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs