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Part 1 - General Provisions
130.1 - Definitions. - (1) "Organized militia" means the organized militia, the composition of...
130.2 - Persons Subject to the Code. - § 130.2. Persons subject to the code. The following persons...
130.3 - Jurisdiction to Try Certain Personnel. - (b) All persons discharged from the organized militia subsequently charged...
130.4 - Discharge of Commissioned Officers. - (b) If the adjutant general fails to convene a general...
130.5 - Territorial Applicability of the Code. - (b) Courts-martial and courts of inquiry may be convened and...
130.6 - Judge Advocates and Legal Officers. - (b) Convening authorities shall at all times communicate directly with...
Part 2 - Apprehension and Restraint
130.7 - Apprehension. - (b) Any person authorized under regulations issued pursuant to this...
130.8 - Apprehension of Deserters. - § 130.8. Apprehension of deserters. It shall be lawful for...
130.9 - Imposition of Restraint. - (b) An enlisted person may be ordered apprehended or into...
130.10 - Restraint of Persons Charged With Offenses. - § 130.10. Restraint of persons charged with offenses. Any person...
130.11 - Confinement and Imprisonment in Civil Jails. - § 130.11. Confinement and imprisonment in civil jails. Confinement and...
130.12 - Reports and Receiving of Prisoners. - (b) Every commander of a guard, master at arms, warden,...
130.13 - Punishment Prohibited Before Trial. - § 130.13. Punishment prohibited before trial. Subject to the provisions...
130.14 - Delivery of Offenders to Civil Authorities. - (b) When delivery under this article is made to any...
Part 3 - Non-Judicial Punishment
130.15 - Commanding Officer's Non-Judicial Punishment. - (1) upon officers and warrant officers of his command: (A)...
Part 4 - Court-Martial Jurisdiction
130.16 - Courts-Martial Classified. - (1) General courts-martial, consisting of--- (A) A military judge and...
130.17 - Jurisdiction of Courts-Martial in General. - § 130.17. Jurisdiction of courts-martial in general. Each force of...
130.18 - Jurisdiction of General Courts-Martial. - § 130.18. Jurisdiction of general courts-martial. Subject to section 130.17,...
130.19 - Jurisdiction of Special Courts-Martial. - § 130.19. Jurisdiction of special courts-martial. Subject to section 130.17,...
130.20 - Jurisdiction of Summary Courts-Martial. - (a) Subject to section 130.17, summary courts-martial shall have jurisdiction...
130.21 - Jurisdiction of Courts-Martial Not Exclusive. - § 130.21. Jurisdiction of courts-martial not exclusive. The provisions of...
Part 5 - Appointment and Composition of Courts-Martial
130.22 - Who May Convene General Courts-Martial. - § 130.22. Who may convene general courts-martial. General courts-martial may...
130.23 - Who May Convene Special Courts-Martial. - (a) Special courts-martial may be convened by-- (1) any person...
130.24 - Who May Convene Summary Courts-Martial. - (a) Summary courts-martial may be convened by-- (1) any person...
130.25 - Who May Serve on Courts-Martial. - (b) Any warrant officer of or on duty with the...
130.26 - Military Judge of a General Court-Martial or Special Court-Martial. - (b) A military judge shall be a commissioned officer of...
130.27 - Appointment of Trial Counsel and Defense Counsel. - (b) Any person who is appointed as trial counsel or...
130.28 - Appointment of Reporters and Interpreters. - § 130.28. Appointment of reporters and interpreters. Under such regulations...
130.29 - Absent and Additional Members. - (b) Whenever a general court-martial other than a general court-martial...
Part 6 - Pre-Trial Procedure
130.30 - Charges and Specifications. - (1) that the signer has personal knowledge of, or has...
130.31 - Compulsory Self-Incrimination Prohibited. - (a) No person subject to this code shall compel any...
130.32 - Investigation. - (a) No charge or specification shall be referred to a...
130.33 - Forwarding of Charges. - § 130.33. Forwarding of charges. When a person is held...
130.34 - Advice of Staff Judge Advocate and Reference for Trial. - (b) If the charges or specifications are not formally correct...
130.35 - Service of Charges. - § 130.35. Service of charges. The trial counsel to whom...
Part 7 - Trial Procedure
130.36 - Adjutant General May Prescribe Rules. - § 130.36. Adjutant general may prescribe rules. The procedure, including...
130.37 - Unlawfully Influencing Action of Court. - (b) In the preparation of an effectiveness, fitness, or efficiency...
130.38 - Duties of Trial Counsel and Defense Counsel. - (b) The accused shall have the right to be represented...
130.39 - Sessions. - (a) At any time after the service of charges which...
130.40 - Continuances. - § 130.40. Continuances. The military judge or a court-martial without...
130.41 - Challenges. - (b) Each accused and trial counsel shall be entitled to...
130.42 - Oaths. - (a) Before performing their respective duties, military judges, members of...
130.43 - Statute of Limitations. - (b) Except as otherwise provided in this section, a person...
130.44 - Former Jeopardy. - (b) No proceeding in which an accused has been found...
130.45 - Pleas of the Accused. - (b) With respect to any charge or specification to which...
130.46 - Opportunity to Obtain Witnesses and Other Evidence. - § 130.46. Opportunity to obtain witnesses and other evidence. The...
130.47 - Refusal to Appear or Testify. - (b) has been duly paid or tendered the fees and...
130.48 - Contempts. - § 130.48. Contempts. A military court may punish for contempt...
130.49 - Depositions. - (b) The party at whose instance a deposition is to...
130.50 - Admissibility of Records of Courts of Inquiry. - (b) Such testimony may be read in evidence only by...
130.51 - Voting and Rulings. - (b) The military judge and, except for questions of challenge,...
130.52 - Number of Votes Required. - (b) All sentences shall be determined by the concurrence of...
130.53 - Court to Announce Action. - § 130.53. Court to announce action. Every court-martial shall announce...
130.54 - Record of Trial. - (b) Each special and summary court-martial shall keep a separate...
Part 8 - Sentences
130.55 - Cruel and Unusual Punishments Prohibited. - § 130.55. Cruel and unusual punishments prohibited. Punishment by flogging,...
130.56 - Maximum Limits. - § 130.56. Maximum limits. The punishment which a court-martial may...
130.57 - Effective Date of Sentences. - (b) Any period of confinement included in a sentence of...
130.58 - Execution of Confinement. - (b) The omission of the words "hard labor" in any...
Part 9 - Post-Trial Procedure and Review of Courts-Martial
130.59 - Error of Law; Lesser Included Offense. - (b) Any reviewing authority with the power to approve or...
130.60 - Action by the Convening Authority. - (b) (1) Within thirty days after the sentence of a...
130.61 - Waiver or Withdrawal of Appeal. - (b) The accused may withdraw an appeal at any time....
130.62 - Rehearings. - § 130.62. Rehearings. Each rehearing under this chapter shall take...
130.63 - Review by a Judge Advocate. - (1) Conclusions as to whether: (A) the court had jurisdiction...
130.64 - Disposition of Records. - (b) Except as otherwise required by this chapter, all other...
130.65 - Review by Board of Military Review and Approval by the Adjutant General. - (b) The state judge advocate shall refer to a board...
130.66 - Review by the Governor. - (b) The accused may petition the governor for a review...
130.67 - Review Counsel. - (b) Upon the request of an accused entitled to be...
130.68 - Review in the Office of the State Judge Advocate. - (b) The findings or sentence, or both, in a court-martial...
130.69 - Execution of Sentence; Suspension of Sentence. - (b) (1) If a sentence extends to dismissal, or a...
130.70 - Vacation of Suspension. - (a) Before the vacation of the suspension of a special...
130.71 - Petition for a New Trial. - § 130.71. Petition for a new trial. At any time...
130.72 - Remission and Suspension. - (a) The adjutant general and, when designated by him, the...
130.72-A - Restoration. - (a) Under such regulations as the adjutant general may prescribe,...
130.72-B - Finality of Proceedings, Findings and Sentences. - § 130.72-b. Finality of proceedings, findings and sentences. The appellate...
130.72-C - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions. - § 130.72-c. Leave required to be taken pending review of...
Part 10 - Punitive Articles
130.73 - Principals. - (1) commits an offense punishable by this code, or aids,...
130.74 - Accessory After the Fact. - § 130.74. Accessory after the fact. Any person subject to...
130.75 - Conviction of Lesser Included Offense. - § 130.75. Conviction of lesser included offense. An accused may...
130.76 - Attempts. - (a) An act, done with specific intent to commit an...
130.77 - Conspiracy. - § 130.77. Conspiracy. Any person subject to this code who...
130.78 - Solicitation. - (a) Any person subject to this code who solicits or...
130.79 - Fraudulent Enlistment, Appointment, or Separation. - (2) procures his own separation from the organized militia by...
130.80 - Unlawful Enlistment, Appointment, or Separation. - § 130.80. Unlawful enlistment, appointment, or separation. Any person subject...
130.81 - Desertion. - (1) without proper authority goes or remains absent from his...
130.82 - Absence Without Leave. - (1) fails to go to his appointed place of duty...
130.83 - Missing Movement. - § 130.83. Missing movement. Any person subject to this code...
130.84 - Contempt Towards Officials. - § 130.84. Contempt towards officials. Any person subject to this...
130.85 - Disrespect Towards Superior Officer. - § 130.85. Disrespect towards superior officer. Any person subject to...
130.86 - Assaulting or Willfully Disobeying Officer. - (1) strikes his superior officer or draws or lifts up...
130.87 - Insubordinate Conduct Toward Noncommissioned Officer or Warrant Officer. - (1) strikes or assaults a warrant officer, noncommissioned officer, or...
130.88 - Failure to Obey Order or Regulations. - (1) violates or fails to obey any lawful general order...
130.89 - Cruelty and Maltreatment. - § 130.89 Cruelty and maltreatment. Any person subject to this...
130.90 - Mutiny or Sedition. - (1) who with intent to usurp or override lawful military...
130.91 - Arrest and Confinement. - § 130.91. Arrest and confinement. Any person subject to this...
130.92 - Releasing Prisoner Without Proper Authority. - § 130.92. Releasing prisoner without proper authority. Any person subject...
130.93 - Unlawful Detention of Another. - § 130.93. Unlawful detention of another. Any person subject to...
130.94 - Noncompliance With Procedural Rules. - (1) is responsible for unnecessary delay in the disposition of...
130.95 - Misbehavior Before the Enemy. - (1) runs away; or (2) shamefully abandons, surrenders, or delivers...
130.96 - Subordinate Compelling Surrender. - § 130.96. Subordinate compelling surrender. Any person subject to this...
130.97 - Improper Use of Countersign. - § 130.97. Improper use of countersign. Any person subject to...
130.98 - Forcing a Safeguard. - § 130.98. Forcing a safeguard. Any person subject to this...
130.99 - Captured or Abandoned Property. - (b) Any person subject to this code who-- (1) fails...
130.100 - Aiding the Enemy. - (1) aids, or attempts to aid, the enemy with arms,...
130.101 - Misconduct as a Prisoner. - (1) for the purpose of securing favorable treatment by his...
130.102 - False Official Statements. - § 130.102. False official statements. Any person subject to this...
130.103 - Military Property--- Loss, Damage, Destruction, or Wrongful Disposition. - (1) sells or otherwise disposes of; or (2) willfully or...
130.104 - Property Other Than Military Property--- Waste, Spoil, or Destruction. - § 130.104. Property other than military property-- waste, spoil, or...
130.105 - Improper Hazarding of Vessel. - (b) Any person subject to this code who negligently hazards...
130.106 - Drunken or Reckless Driving. - § 130.106. Drunken or reckless driving. Any person subject to...
130.107 - Drunk on Duty--- Misbehavior. - § 130.107. Drunk on duty--misbehavior. Any person subject to this...
130.108 - Dueling. - § 130.108. Dueling. Any person subject to this code who,...
130.109 - Malingering. - (1) feigns illness, physical disablement, mental lapse or derangement; or...
130.110 - Riot or Breach of Peace. - § 130.110. Riot or breach of peace. Any person subject...
130.111 - Provoking Speeches or Gestures. - § 130.111. Provoking speeches or gestures. Any person subject to...
130.112 - Perjury. - § 130.112. Perjury. Any person subject to this code who,...
130.113 - Frauds Against the Government. - (A) makes any claim against the United States, the state...
130.114 - Conduct Unbecoming an Officer and Gentleman. - § 130.114. Conduct unbecoming an officer and gentleman. Any officer...
130.115 - General Section. - § 130.115. General section. Though not specifically mentioned in this...
Part 11 - Miscellaneous Provisions
131.1 - Courts of Inquiry. - (b) A court of inquiry shall consist of three or...
131.2 - Authority to Administer Oaths. - (1) All judge advocates of the organized militia; (2) All...
131.3 - Articles to Be Explained. - § 131.3. Articles to be explained. Sections 130.2, 130.3, 130.7...
131.4 - Complaints of Wrongs. - § 131.4. Complaints of wrongs. Any member of the organized...
131.5 - Redress of Injuries to Property. - (b) Where the offenders cannot be ascertained, but the organization...
131.6 - Marshals. - (b) Each marshal shall perform the usual duties of such...
131.7 - Process of Military Courts. - (a) Military courts are empowered to issue all process and...
131.8 - Payment of Fines and Disposition Thereof. - § 131.8. Payment of fines and disposition thereof. Fines may...
131.9 - Immunity for Action of Military Courts or Boards. - § 131.9. Immunity for action of military courts or boards....
131.10 - Presumption of Jurisdiction. - § 131.10. Presumption of jurisdiction. The jurisdiction of the military...
131.11 - Delegation by the Governor. - § 131.11. Delegation by the governor. The governor is authorized...
131.12 - Short Title. - § 131.12. Short title. This article shall be known and...