§124A-111 Persons to be tried or punished; offenses subject to jurisdiction; conflicts over jurisdiction with civil authority or courts. (a) No person may be tried or punished for any offense provided for in sections 124A-112 to 124A-155 unless it was committed while the person was in a duty status.
(b) The jurisdiction of courts-martial and the imposition of disciplinary punishment by a commanding officer for minor offenses without the intervention of a court-martial shall be limited to violations of the punitive articles (sections 124A-112 to 124A-155), including violations of any rules adopted by the governor, under section 124A-155, specifying or defining "disorders and neglects to the prejudice of good order and discipline in the state military forces". Jurisdiction over crimes or offenses not enumerated in or covered by the punitive articles of this chapter is reserved to civil authority and the civil courts. Conflicts or doubts over jurisdiction shall be resolved in favor of civil jurisdiction.
The delivery to civil authority of any person subject to this chapter who is on active state duty or on duty status other than active state duty and accused of an offense against civil authority shall be governed by section 124A-18. [L 1982, c 171, pt of §2; gen ch 1985]
Structure Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
124A. Hawaii Code of Military Justice
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-12 Apprehension of deserters.
124A-13 Imposition of restraint.
124A-14 Restraint of persons charged with offenses.
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-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-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-54 Forwarding of charges.
124A-55 Advice of state judge advocate and reference for trial.
124A-61 Governor to adopt rules.
124A-62 Unlawfully influencing action of court.
124A-63 Duties of trial counsel and defense counsel.
124A-68 Statute of limitations.
124A-71 Opportunity to obtain witnesses and other evidence.
124A-72 Refusal to appear or testify.
124A-75 Admissibility of records of courts of inquiry.
124A-77 Number of votes required.
124A-78 Court to announce action.
124A-81 Cruel and unusual punishments prohibited.
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-96 Approval by the convening authority.
124A-97 Review of records; disposition.
124A-98 Error of law; lesser included offense.
124A-100 Vacation of suspension.
124A-101 Petition for a new trial.
124A-102 Remission and suspension.
124A-104 Finality of proceedings, findings, and sentences.
124A-113 Accessory after the fact.
124A-114 Conviction of lesser included offense.
124A-118 Fraudulent enlistment, appointment, or separation.
124A-119 Unlawful enlistment, appointment, or separation.
124A-121 Absence without leave.
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-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-138 Captured or abandoned property.
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-149 Riot or breach of peace.
124A-150 Provoking speeches or gestures.
124A-152 Frauds against the government.
124A-153 Larceny and wrongful appropriation.
124A-154 Conduct unbecoming an officer.
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.