Subdivision 1. Applicability. (a) This code applies to all members of the state military forces as defined by section 190.05.
(b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force.
Subd. 2. Military service. This code applies to a member of the military when the member is in a status provided for by United States Code, title 32, a regulation adopted pursuant to United States Code, title 32, or in state active service. This military service includes:
(1) travel to and from the inactive duty training site of the member, pursuant to orders or regulations;
(2) intervals between consecutive periods of inactive duty training on the same day, pursuant to orders or regulations; and
(3) intervals between inactive duty training on consecutive days, pursuant to orders or regulations.
Subd. 3. Primary and concurrent military jurisdiction. (a) Courts-martial have primary jurisdiction of purely military offenses listed in section 192A.021. Except for crimes designated as purely military offenses in section 192A.021, a proper civilian tribunal has primary jurisdiction over an act or omission that violates both this code and local criminal law, foreign or domestic. In such cases a court-martial may be initiated only after the civilian authority has declined or dismissed charges, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, and accessory crimes must be determined by the underlying offense pursuant to section 192A.021.
(b) If an act or omission is subject to trial by court-martial and prosecution by one or more civil tribunals, foreign or domestic, the determination of which nation, state, or agency will exercise jurisdiction is a matter for the nations, states, and agencies concerned, and is not a right of the suspect or accused.
(c) The provisions of this chapter conferring jurisdiction over persons shall not be construed as depriving military commissions or other military tribunals of concurrent jurisdiction in respect to offenders or offenses that by statute or by law of war may be tried by such military commissions or other military tribunals.
Subd. 4. Presumption of jurisdiction. The jurisdiction of the military courts and boards established by this code are presumed and the burden of proof rests on any person seeking to challenge those courts or boards of jurisdiction in any action or proceeding.
1963 c 661 s 192A.02; 1978 c 552 s 2; 1983 c 193 s 9; 2002 c 308 s 2,3; 2013 c 78 s 1; 2022 c 89 art 3 s 1
Structure Minnesota Statutes
Chapters 190 - 195 — Military Affairs
Chapter 192A — Uniform Code Of Military Justice
Section 192A.01 — Short Title.
Section 192A.015 — Definitions.
Section 192A.02 — Persons Subject To This Code; Jurisdiction.
Section 192A.021 — Purely Military Offenses.
Section 192A.025 — Jurisdiction To Try Certain Personnel.
Section 192A.03 — Dismissal Of Commissioned Officer.
Section 192A.035 — Territorial Applicability Of Code.
Section 192A.04 — Judge Advocates And Legal Officers.
Section 192A.041 — Practice Of Military Law.
Section 192A.045 — Apprehension.
Section 192A.05 — Apprehension Of Deserters.
Section 192A.055 — Imposition Of Pretrial Restraint.
Section 192A.065 — Confinement In Jails.
Section 192A.07 — Receiving Prisoners.
Section 192A.08 — Delivery Of Offenders To Civil Authorities.
Section 192A.0851 — Commanding Officer's Nonjudicial Punishment.
Section 192A.09 — Members Of State Military Forces Not In Federal Active Service.
Section 192A.095 — Jurisdiction Of Courts-martial In General.
Section 192A.10 — Jurisdiction Of General Courts-martial.
Section 192A.105 — Jurisdiction Of Special Courts-martial.
Section 192A.11 — Jurisdiction Of Summary Courts-martial.
Section 192A.111 — Maximum Limits.
Section 192A.115 — Governor's Approval Of Dismissal Or Dishonorable Discharge.
Section 192A.13 — Who May Convene General Courts-martial.
Section 192A.135 — Who May Convene Special Courts-martial.
Section 192A.14 — Who May Convene Summary Courts-martial.
Section 192A.15 — Military Judge System.
Section 192A.155 — Detail Of Trial Counsel And Defense Counsel.
Section 192A.16 — Detail Or Employment Of Reporters And Interpreters.
Section 192A.20 — Governor May Prescribe Rules.
Section 192A.205 — Unlawful Command Influence.
Section 192A.235 — Statute Of Limitations.
Section 192A.24 — Former Jeopardy.
Section 192A.25 — Opportunity To Obtain Witnesses And Other Evidence.
Section 192A.255 — Refusal To Appear Or Testify.
Section 192A.28 — Grounds For Conviction.
Section 192A.31 — Execution Of Confinement.
Section 192A.341 — Error Of Law; Lesser Included Offenses.
Section 192A.343 — Action By Convening Authority.
Section 192A.351 — Withdrawal Of Appeal.
Section 192A.353 — Appeal By State.
Section 192A.361 — Rehearings.
Section 192A.363 — Review By Senior Force Judge Advocate.
Section 192A.371 — Review By State Appellate Authority.
Section 192A.373 — Appellate Counsel.
Section 192A.381 — Finality Of Proceedings, Findings, And Sentences.
Section 192A.384 — Offenses Subject To Court-martial.
Section 192A.395 — Accessory After The Fact.
Section 192A.40 — Conviction Of Lesser Included Offense.
Section 192A.415 — Solicitation.
Section 192A.42 — Fraudulent Enlistment, Appointment, Or Separation.
Section 192A.425 — Unlawful Enlistment, Appointment, Or Separation.
Section 192A.435 — Absence Without Leave.
Section 192A.44 — Missing Movement.
Section 192A.445 — Contempt Towards Officials.
Section 192A.45 — Disrespect Towards Superior Commissioned Officer.
Section 192A.455 — Assaulting Or Willfully Disobeying Superior Commissioned Officer.
Section 192A.46 — Insubordinate Conduct Toward Warrant Officer Or Noncommissioned Officer.
Section 192A.465 — Failure To Obey Order Or Rule.
Section 192A.47 — Cruelty And Maltreatment.
Section 192A.475 — Mutiny Or Sedition.
Section 192A.48 — Resistance, Breach Of Arrest, And Escape.
Section 192A.485 — Releasing Prisoner Without Proper Authority.
Section 192A.49 — Unlawful Detention Of Another.
Section 192A.495 — Noncompliance With Procedural Rules.
Section 192A.50 — Misbehavior Before The Enemy.
Section 192A.51 — Improper Use Of Countersign.
Section 192A.515 — Forcing A Safeguard.
Section 192A.525 — Aiding The Enemy.
Section 192A.535 — False Official Statements.
Section 192A.54 — Military Property; Loss, Damage, Destruction, Or Wrongful Disposition.
Section 192A.545 — Property Other Than Military Property; Waste, Spoilage, Or Destruction.
Section 192A.55 — Improper Hazarding Of Vessel Or Aircraft.
Section 192A.555 — Driving While Under The Influence Or Reckless Driving.
Section 192A.566 — Illegal Presence Of Controlled Substance While In Duty Status.
Section 192A.57 — Malingering.
Section 192A.575 — Riot Or Breach Of Peace.
Section 192A.59 — Frauds Against The Government.
Section 192A.595 — Larceny And Wrongful Appropriation.
Section 192A.60 — Conduct Unbecoming An Officer.
Section 192A.6012 — Nonconsensual Distribution Of Intimate Images.
Section 192A.6013 — Fraudulent Use Of Credit Cards, Debit Cards, And Other Access Devices.
Section 192A.6014 — Unauthorized Use Of Government Computer.
Section 192A.6015 — Retaliation.
Section 192A.605 — General Article.
Section 192A.61 — Courts Of Inquiry.
Section 192A.612 — Search Warrants.
Section 192A.615 — Authority To Administer Oaths.
Section 192A.62 — Sections To Be Explained.
Section 192A.625 — Complaints Of Wrongs.
Section 192A.63 — Redress Of Injuries To Property.
Section 192A.635 — Execution Of Process And Sentence.
Section 192A.64 — Process Of Military Courts.
Section 192A.645 — Payment And Disposition Of Fines.
Section 192A.65 — Immunity For Action Of Military Courts.