Missouri Revised Statutes
Chapter 40 - Military Justice
Section 40.395 - Provocative gestures or words, constituting a threat of violence — court-martial.

Missouri Revised Statutes

Title V - Military Affairs and Police

Chapter 40 - Military Justice

Section 40.005 - Definitions — law applicable to all state military forces not in federal service.

Section 40.007 - Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court.

Section 40.010 - Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when.

Section 40.015 - Jurisdiction of military courts.

Section 40.017 - State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions.

Section 40.020 - Apprehension defined — authority to apprehend, when.

Section 40.023 - Absent without leave, authority to apprehend — offender outside state, procedure.

Section 40.025 - Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer.

Section 40.030 - Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when.

Section 40.035 - Confinement, where.

Section 40.036 - Jails and prisons required to keep prisoners, when — official's duties.

Section 40.038 - Confinement requirements — other punishment prohibited — exception.

Section 40.040 - Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when.

Section 40.043 - Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial.

Section 40.050 - Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction.

Section 40.055 - General courts-martial, jurisdiction — punishment.

Section 40.060 - Special courts-martial, jurisdiction — punishment — exceptions.

Section 40.065 - Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial.

Section 40.070 - Discharges or dismissals by courts-martial, requirements — governor's approval required.

Section 40.075 - Sentence to confinement at one dollar a day instead of fine — limitations.

Section 40.079 - Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when.

Section 40.083 - Convening general courts-martial, persons authorized.

Section 40.085 - Convening special courts-martial, persons authorized.

Section 40.088 - Convening summary courts-martial, persons authorized.

Section 40.090 - Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons.

Section 40.095 - Military judge — appointment — qualifications — duties — restrictions.

Section 40.098 - Trial counsel and defense counsel appointed, when — qualifications — restrictions.

Section 40.100 - Court reporters, appointment, when.

Section 40.105 - Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure.

Section 40.108 - Charges — contents — oath — accused to be informed.

Section 40.112 - Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence.

Section 40.114 - Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure.

Section 40.117 - Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements.

Section 40.119 - Referring charges for trial requirements to be met in general court-martial.

Section 40.121 - Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial.

Section 40.124 - Procedure in military courts.

Section 40.126 - Attempts to influence or coerce court prohibited — exceptions.

Section 40.128 - Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties.

Section 40.130 - Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members.

Section 40.133 - Continuances, granted, when.

Section 40.135 - Challenges, general or special court-martial.

Section 40.138 - Oath required for all judges, members, counsel, reporters, interpreters.

Section 40.141 - Time limitation to bring action — war time, certain offenses no limitation — computation.

Section 40.144 - Res judicata to apply, when — exception not a bar to civilian prosecution.

Section 40.148 - Not guilty plea, entered when.

Section 40.150 - Witnesses and evidence, authority to obtain.

Section 40.153 - Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute.

Section 40.155 - Contempt, authority of military court — penalties.

Section 40.157 - Depositions authorized, when — procedure — exception — admitted into evidence, when.

Section 40.160 - Sworn testimony in court of inquiry, record admissible in evidence, when — exception.

Section 40.165 - Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law.

Section 40.168 - Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect.

Section 40.170 - Sentence and findings announced, when.

Section 40.173 - Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when.

Section 40.175 - Cruel and unusual punishment prohibited.

Section 40.178 - Punishment, governor may prescribe limits.

Section 40.180 - Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when.

Section 40.183 - Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized.

Section 40.185 - Sentence, convening authority may approve, suspend or commute.

Section 40.190 - Trial record review by reviewing authority.

Section 40.193 - Opinion on general court-martial — drafted by whom — acquittal, limitations.

Section 40.195 - Record returned for reconsideration, when.

Section 40.198 - Rehearing limitations — dismissal of charges, when.

Section 40.200 - Sentence, approval by convening authority — powers.

Section 40.203 - Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial.

Section 40.205 - Record of trial examined by judge advocate — board of review to review, when.

Section 40.208 - Boards of review — appointment — membership — qualifications — powers and duties.

Section 40.210 - Error of law, findings or sentence not incorrect unless prejudicial to rights of accused.

Section 40.214 - Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications.

Section 40.216 - Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers.

Section 40.218 - Probationer, violations — hearing, rights of probationer to counsel — procedure.

Section 40.220 - New trial, petition by accused when, grounds — time limitation.

Section 40.225 - Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when.

Section 40.228 - Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.

Section 40.230 - Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts.

Section 40.231 - Appeals from final decisions, how made.

Section 40.234 - Duty status required for conviction on certain offenses.

Section 40.237 - Principal in actions defined.

Section 40.240 - Assists offender, how punished.

Section 40.245 - Attempt to commit offense may be part of offense.

Section 40.250 - Attempt to commit offense even though failing in commission is offense, when.

Section 40.255 - Conspirators, deemed to have committed offense, when.

Section 40.260 - Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment.

Section 40.265 - False representation to procure enlistment — appointment — separation — court-martial proceedings.

Section 40.270 - Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial.

Section 40.273 - Desertion, defined — punishment by court-martial.

Section 40.276 - Absent from place of duty — court-martial.

Section 40.278 - Missing ship, aircraft or unit — court-martial.

Section 40.280 - Contemptuous words, used against certain officials — court-martial.

Section 40.285 - Disrespect to superior commissioned officer — court-martial.

Section 40.290 - Violence or willfully disobeying command of superior commissioned officer.

Section 40.295 - Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when.

Section 40.300 - Orders — failure or dereliction in obeying — court-martial.

Section 40.305 - Cruelty or maltreatment of persons subject to his orders — court-martial.

Section 40.307 - Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial.

Section 40.310 - Arrest, resists or breaks — escape from confinement — court-martial.

Section 40.312 - Escape by neglect or improper release of prisoners — court-martial.

Section 40.315 - False apprehension, arrest, confinement — court-martial.

Section 40.320 - Delay in case — failure to enforce regulation of proceedings — court-martial.

Section 40.325 - Hostile force, in presence of, commits certain offenses — court-martial.

Section 40.328 - Attempts to compel officer to surrender to enemy or to strike colors without proper authority — court-martial.

Section 40.330 - Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial.

Section 40.335 - Forcing a safeguard, court-martial.

Section 40.340 - Public property, duty to secure when taken from hostile forces — failure to turn over to proper authority — court-martial.

Section 40.350 - Hostile forces, aid — court-martial.

Section 40.355 - Hostile forces, capture — conduct improper — court-martial.

Section 40.360 - Signs official documents with intent to deceive — court-martial.

Section 40.365 - Military property — sells, neglects, damages, destroys, loses — court-martial.

Section 40.370 - Property, not military — willfully, recklessly wastes or spoils — court-martial.

Section 40.375 - Hazarding vessels of the United States or state, causing to be hazarded — court-martial.

Section 40.380 - Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial.

Section 40.385 - Fighting — promoting a fight or duel, failure to report — court-martial.

Section 40.387 - Avoiding work, duty or service — court-martial.

Section 40.390 - Riot or breach of the peace, causing or participating — court-martial.

Section 40.395 - Provocative gestures or words, constituting a threat of violence — court-martial.

Section 40.398 - Perjury — giving a false oath or false testimony in a matter of inquiry — court-martial.

Section 40.400 - False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial.

Section 40.405 - Larceny or wrongful appropriation of property — court-martial.

Section 40.408 - Officer's conduct, unbecoming to an officer and a gentleman — court-martial.

Section 40.410 - Neglecting or prejudicing discipline of the military — bringing discredit to state military services — exceptions, court-martial.

Section 40.415 - Military property, purchasing or receiving in pawn or pledge — court-martial.

Section 40.420 - Courts of inquiry, duties, how convened — members of court — counsel, appointment — parties to inquiry, how determined, procedure — records.

Section 40.425 - Oaths, persons having authority to administer.

Section 40.430 - Military justice — certain sections explained to enlisted members, when — complete text to be available on request.

Section 40.435 - Complaints against commanding officer, procedure.

Section 40.440 - Property of person damaged or taken, board convened to investigate, procedure.

Section 40.445 - Processes and sentences of courts-martial executed by civil officers, fees, how paid.

Section 40.450 - Process or mandates, authority to issue.

Section 40.455 - Fines and costs imposed by military court, how paid.

Section 40.460 - Civilian officers to execute required duties, failure to perform, penalty.

Section 40.465 - Actions against convening authority or member of court, prohibited, when.

Section 40.470 - Jurisdiction presumed, burden of proof.

Section 40.475 - Governor's powers to delegate authority — exception.

Section 40.480 - Purpose of military laws.

Section 40.485 - Expenses, per diems, transportation for military personnel and civilians required to participate, how paid.

Section 40.490 - Reemployment rights of persons ordered to active duty — attorney general to enforce rights.

Section 40.495 - Severability of sections.