Hawaii Revised Statutes
124A. Hawaii Code of Military Justice
124A-1 Definitions.

§124A-1 Definitions. In this chapter, unless the context otherwise requires:
"Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused.
"Active state duty" means duty in the active military service of the State under an order of the governor issued under authority vested in the governor by law, and includes travel to and from such duty.
"Adjutant general" means the adjutant general of the State as defined in section 121-7.
"Commanding officer" includes only commissioned officers.
"Commissioned officer" includes a commissioned warrant officer.
"Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
"Duty status other than active state duty" means any time when members and units of the state military forces assemble for drill or other equivalent training, instruction, or duty or participate in field training, encampments, maneuvers, schools, conferences, cruises, or other similar duties as may be prescribed by the laws of the United States (including but not limited to title 32 of the United States Code) or of the State and any regulations issued thereunder, and includes travel to and from such duty.
"Enlisted member" means a person in an enlisted grade.
"Governor" means the governor of the State.
"Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
"Law officer" means an official of a general court-martial detailed in accordance with section 124A-45.
"Law specialist" means a commissioned officer of the organized militia of the State designated for special duty.
"Legal officer" means any commissioned officer of the organized militia of the State designated to perform legal duties for a command.
"Military" refers to any or all of the armed forces.
"Military court" means a court-martial, a court of inquiry, or a provost court.
"Officer" means commissioned or warrant officer.
"Rank" means the order of precedence among members of the state military forces.
"State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces.
"State military forces" means the national guard of the State, as defined in section 101(3) of title 32, United States Code, the organized naval militia of the State, and any other military force organized under the laws of the State.
"Superior commissioned officer" means a commissioned officer superior in rank or command. [L 1982, c 171, pt of §2; gen ch 1985]
Revision Note
Numeric designations deleted.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 10. Public Safety and Internal Security

124A. Hawaii Code of Military Justice

124A-1 Definitions.

124A-2 Persons subject to this chapter.

124A-3 Jurisdiction to try certain personnel.

124A-4 Dismissal of commissioned officer.

124A-5 Territorial applicability of the chapter.

124A-6 Judge advocates and legal officers.

124A-11 Apprehension.

124A-12 Apprehension of deserters.

124A-13 Imposition of restraint.

124A-14 Restraint of persons charged with offenses.

124A-15 Confinement in jails.

124A-16 Reports and receiving of prisoners.

124A-17 Punishment prohibited before trial.

124A-18 Delivery of offenders to civil authorities.

124A-21 Commanding officer's nonjudicial punishment.

124A-31 Courts-martial of state military forces not in federal service; composition; jurisdiction; powers and proceedings.

124A-32 Jurisdiction of courts-martial in general.

124A-33 Jurisdiction of general courts-martial.

124A-34 Jurisdiction of special courts-martial.

124A-35 Jurisdiction of summary courts-martial.

124A-36 Sentences of dismissal or dishonorable discharge to be approved by the governor.

124A-37 Complete record of proceedings and testimony if dishonorable discharge, bad conduct discharge, or dismissal adjudged.

124A-38 Confinement instead of fine.

124A-41 Who may convene general courts-martial.

124A-42 Special courts-martial of state military forces not in federal service; who may convene.

124A-43 Summary courts-martial of state military forces not in federal service; who may convene.

124A-44 Who may serve on courts-martial.

124A-45 Law officer of a general court-martial.

124A-46 Detail of trial counsel and defense counsel.

124A-47 Detail or employment of reporters and interpreters.

124A-48 Absent and additional members.

124A-51 Charges and specifications.

124A-52 Compulsory self-incrimination prohibited.

124A-53 Investigation.

124A-54 Forwarding of charges.

124A-55 Advice of state judge advocate and reference for trial.

124A-56 Service of charges.

124A-61 Governor to adopt rules.

124A-62 Unlawfully influencing action of court.

124A-63 Duties of trial counsel and defense counsel.

124A-64 Sessions.

124A-65 Continuances.

124A-66 Challenges.

124A-67 Oaths.

124A-68 Statute of limitations.

124A-69 Former jeopardy.

124A-70 Pleas of the accused.

124A-71 Opportunity to obtain witnesses and other evidence.

124A-72 Refusal to appear or testify.

124A-73 Contempts.

124A-74 Depositions.

124A-75 Admissibility of records of courts of inquiry.

124A-76 Voting and rulings.

124A-77 Number of votes required.

124A-78 Court to announce action.

124A-79 Record of trial.

124A-81 Cruel and unusual punishments prohibited.

124A-82 Maximum limits.

124A-83 Effective date of sentences.

124A-84 Execution of confinement.

124A-91 Execution of sentence; suspension of sentence.

124A-92 Initial action on the record.

124A-93 General court-martial records; opinion by staff judge advocate.

124A-94 Reconsideration and revision.

124A-95 Rehearings.

124A-96 Approval by the convening authority.

124A-97 Review of records; disposition.

124A-98 Error of law; lesser included offense.

124A-99 Review counsel.

124A-100 Vacation of suspension.

124A-101 Petition for a new trial.

124A-102 Remission and suspension.

124A-103 Restoration.

124A-104 Finality of proceedings, findings, and sentences.

124A-105 Judicial review.

124A-111 Persons to be tried or punished; offenses subject to jurisdiction; conflicts over jurisdiction with civil authority or courts.

124A-112 Principals.

124A-113 Accessory after the fact.

124A-114 Conviction of lesser included offense.

124A-115 Attempts.

124A-116 Conspiracy.

124A-117 Solicitation.

124A-118 Fraudulent enlistment, appointment, or separation.

124A-119 Unlawful enlistment, appointment, or separation.

124A-120 Desertion.

124A-121 Absence without leave.

124A-122 Missing movement.

124A-123 Contempt towards officials.

124A-124 Disrespect towards superior commissioned officer.

124A-125 Assaulting or wilfully disobeying superior commissioned officer.

124A-126 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

124A-127 Failure to obey order or regulation.

124A-128 Cruelty and maltreatment.

124A-129 Mutiny or sedition.

124A-130 Resistance, breach of arrest, and escape.

124A-131 Releasing prisoner without proper authority.

124A-132 Unlawful detention of another.

124A-133 Noncompliance with procedural rules.

124A-134 Misbehavior before the enemy.

124A-135 Subordinate compelling surrender.

124A-136 Improper use of countersign.

124A-137 Forcing a safeguard.

124A-138 Captured or abandoned property.

124A-139 Aiding the enemy.

124A-140 Misconduct of a prisoner.

124A-141 False official statements.

124A-142 Military property; loss, damage, destruction, or wrongful disposition.

124A-143 Property other than military property; waste, spoilage, or destruction.

124A-144 Improper hazarding of vessel.

124A-145 Drunken or reckless driving.

124A-146 Drunk on duty; sleeping on post; leaving post before relief.

124A-147 Dueling.

124A-148 Malingering.

124A-149 Riot or breach of peace.

124A-150 Provoking speeches or gestures.

124A-151 Perjury.

124A-152 Frauds against the government.

124A-153 Larceny and wrongful appropriation.

124A-154 Conduct unbecoming an officer.

124A-155 General article.

124A-161 Courts of inquiry.

124A-162 Authority to administer oaths.

124A-163 Military justice training.

124A-164 Complaints of wrongs.

124A-165 Redress of injuries to property.

124A-166 Execution of process and sentence.

124A-167 Process of military courts.

124A-168 Payment of fines and disposition thereof.

124A-169 Immunity for action of military courts or nonjudicial punishment.

124A-170 Presumption of jurisdiction.

124A-171 Delegation of authority by the governor; rulemaking authority of governor.

124A-172 Uniformity of interpretation.