The Uniform Code of Military Justice, Title 10, Chapter 47, United States Code; the Manual for Courts-Martial, United States, 1984, (Executive Order No. 12437 (13 April 1984), as amended); the regulations and directives of the United States military forces made applicable to the national guard; and the decisions of the United States court of military appeals and of the armed services courts of military review are adopted as the Code of Military Justice, the Manual for Courts-Martial, the regulations and the precedential case law of this state on military justice matters, respectively, except as hereinafter limited or stated within Chapter 20, Article 12 NMSA 1978. These documents shall be reasonably construed and applied so as to achieve and effect the high level of order and discipline necessary for the military forces of the state. Time standards other than periods of limitations and pretrial confinement may be waived by convening authorities or military judges where such standards would be impracticable within the traditional operations of militia forces. Where regulations and procedures for the United States army differ from those of the United States air force, the army national guard and the state defense force shall observe the regulations and procedures of the United States army and the air national guard shall observe the regulations and procedures of the United States air force. References therein and in Sections 20-12-13 through 20-12-73 NMSA 1978 to "the United States" shall mean "the state" where such meaning has reasonable application. References to "the president" or to "the secretary" (meaning the secretary of the army or the secretary of the air force) shall mean "the governor". The adjutant general may by regulation prescribe practical changes or variances from the procedural provisions of the Uniform Code of Military Justice, from the Manual for Courts-Martial or from service regulations subservient thereto.
History: 1978 Comp., § 20-12-2, enacted by Laws 1987, ch. 318, § 87; 1989, ch. 337, § 7.
Cross references. — For the Uniform Code of Military Justice, see 10 U.S.C. § 801 et seq.
The 1989 amendment, effective June 16, 1989, in the third sentence from the end, inserted "and in Sections 20-12-13 through 20-12-73 NMSA 1978"; and added the last two sentences.
Structure New Mexico Statutes
Article 12 - Code of Military Justice
Section 20-12-1 - Short title.
Section 20-12-3 - Persons subject to the code; applicability of the code.
Section 20-12-4 - Convening authorities; nonjudicial punishment authorities.
Section 20-12-5 - Judge advocates.
Section 20-12-6 - Limitation on punishments.
Section 20-12-7 - Advice; reviews and appeals; extraordinary writs.
Section 20-12-8 - Confinement.
Section 20-12-9 - Reductions in grade.
Section 20-12-10 - Forfeitures or fines.
Section 20-12-11 - Nonjudicial punishment.
Section 20-12-12 - Absence without leave; confinement during period of duty.
Section 20-12-13 - Accessory after the fact.
Section 20-12-14 - Conviction of lesser included offense.
Section 20-12-16 - Conspiracy.
Section 20-12-17 - Solicitation.
Section 20-12-18 - Fraudulent enlistment, appointment or separation.
Section 20-12-19 - Unlawful enlistment, appointment or separation.
Section 20-12-21 - Absence without leave.
Section 20-12-22 - Missing movement.
Section 20-12-23 - Contempt toward officials.
Section 20-12-24 - Disrespect toward superior commissioned officer.
Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer.
Section 20-12-27 - Failure to obey order or regulation.
Section 20-12-28 - Cruelty and maltreatment.
Section 20-12-29 - Mutiny or sedition.
Section 20-12-30 - Resistance, breach of arrest and escape.
Section 20-12-31 - Releasing prisoner without proper authority.
Section 20-12-32 - Unlawful detention.
Section 20-12-33 - Noncompliance with procedural rules.
Section 20-12-34 - Misbehavior before the enemy.
Section 20-12-35 - Subordinate compelling surrender.
Section 20-12-36 - Improper use of countersign.
Section 20-12-37 - Forcing a safeguard.
Section 20-12-38 - Captured or abandoned property.
Section 20-12-39 - Aiding the enemy.
Section 20-12-40 - Misconduct as prisoner.
Section 20-12-43 - False official statements.
Section 20-12-46 - Improper hazarding of vessel.
Section 20-12-47 - Drunken or reckless driving.
Section 20-12-48 - Drunk on duty.
Section 20-12-50 - Manslaughter.
Section 20-12-51 - Rape and other sex crimes.
Section 20-12-52 - Larceny and wrongful appropriation.
Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds.
Section 20-12-62 - Housebreaking.
Section 20-12-64 - Frauds against the United States.
Section 20-12-65 - Conduct unbecoming an officer and a gentleman.
Section 20-12-66 - Wrongful use and possession of controlled substances.
Section 20-12-67 - Misbehavior of sentinel.
Section 20-12-69 - Malingering.
Section 20-12-70 - Riot or breach of peace.
Section 20-12-71 - Provoking speeches or gestures.
Section 20-12-72 - Principals.
Section 20-12-73 - General article.
Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button.