Effective: January 24, 2020
Latest Legislation: Senate Bill 52 - 133rd General Assembly
As used in Chapter 5924. of the Revised Code unless the context otherwise requires:
(A) "Organized militia" means the Ohio national guard, the Ohio naval militia, the Ohio military reserve, and the Ohio cyber reserve.
(B) "Officer" means commissioned or warrant officer.
(C) "Commissioned officer" includes a commissioned warrant officer.
(D) "Commanding officer" includes only commissioned or warrant officers in command of a unit.
(E) "Superior commissioned officer" means a commissioned officer superior in rank or command.
(F) "Enlisted member" means a person in an enlisted grade.
(G) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(H) "Rank" means the order of precedence among members of the armed forces.
(I) "State active duty" means full-time duty in the active military service of the state under a proclamation of the governor issued pursuant to authority vested in the governor by law, and while going to and returning from such duty.
(J) "Duty status other than state active duty" means any other types of duty and while going to and returning from such duty.
(K) "Military court" means a court-martial, a court of inquiry, or a provost court.
(L) "Military judge" means an official of a general or special court-martial who is a commissioned officer, who has been duly certified to be qualified for duty as a military judge by the state judge advocate, and who has been properly detailed in accordance with section 5924.26 of the Revised Code.
(M) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty.
(N) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command.
(O) "State judge advocate" means the commissioned officer responsible for supervising the administration of military justice in the organized militia.
(P) "Accuser" means a person who reports an offense subject to trial by court-martial and who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, or any other person who has an interest other than an official interest in the prosecution of the accused.
(Q) "Military" refers to any or all of the armed forces.
(R) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
(S) "May" is used in a permissive sense. The words "no person may ............" mean that no person is required, authorized, or permitted to do the act prescribed.
(T) "Shall" is used in an imperative sense.
(U) "Code" means the Ohio code of military justice, as set forth in Chapter 5924. of the Revised Code.
(V) "Trial counsel" means the prosecuting attorney in a general or special court-martial.
(W) "Detention facility" means any place that is owned or operated by a municipal corporation, by a county, or by one or more municipal corporations, counties, or both and that is used for the confinement of persons charged with or convicted of any crime in this state or another state or under the laws of the United States.
(X) "Examiner" has the same meaning as in division (A)(2)(a) of section 2945.37 of the Revised Code.
(Y) "Nonsecured status," "unsupervised, off-grounds movement," "trial visit," "conditional release," and "licensed clinical psychologist" have the same meanings as in section 2945.37 of the Revised Code.
Structure Ohio Revised Code
Title 59 | Veterans-Military Affairs
Chapter 5924 | Code of Military Justice
Section 5924.01 | Code of Military Justice Definitions.
Section 5924.02 | Persons Subject to Code.
Section 5924.03 | Jurisdiction to Court-Martial Discharged Personnel.
Section 5924.05 | Territorial Applicability.
Section 5924.06 | State Judge Advocate; Subordinate Judge Advocates and Legal Officers.
Section 5924.07 | Apprehension.
Section 5924.08 | Authority to Apprehend Deserters.
Section 5924.09 | Arrest or Confinement.
Section 5924.10 | Confinement.
Section 5924.103 | Captured or Abandoned Property.
Section 5924.107 | False Official Statements.
Section 5924.108 | Military Property; Loss, Damage, Destruction, or Wrongful Disposition.
Section 5924.109 | Waste or Destruction of Nonmilitary Property.
Section 5924.111 | Impaired or Reckless Operation of Vehicles, Aircraft or Vessels.
Section 5924.112 | Drunk on Duty.
Section 5924.113 | Misbehavior of Sentinel.
Section 5924.115 | Malingering.
Section 5924.116 | Riot - Breach of Peace.
Section 5924.117 | Provoking Speeches or Gestures.
Section 5924.1121 | Wrongful Use, Possession, etc., of Controlled Substances.
Section 5924.120 | Rape; Sexual Assault; Sexual Contact; Indecent Acts; Affirmative Defenses.
Section 5924.121 | Larceny - Wrongful Appropriation.
Section 5924.13 | Arrest and Confinement.
Section 5924.132 | Frauds Against Government.
Section 5924.133 | Conduct Unbecoming an Officer and a Lady or Gentleman.
Section 5924.134 | General Article.
Section 5924.135 | Courts of Inquiry.
Section 5924.136 | Authority to Administer Oaths and Act as Notary.
Section 5924.137 | Articles to Be Explained.
Section 5924.138 | Complaints of Wrongs.
Section 5924.139 | Redress of Injuries to Property.
Section 5924.14 | Delivery to Civil Authority for Trial.
Section 5924.140 | Execution of Process and Sentence.
Section 5924.141 | Processes and Mandates.
Section 5924.142 | Payment and Disposition of Fines.
Section 5924.144 | Presumption of Jurisdiction.
Section 5924.146 | Duty Status Requisite to Trial or Punishment.
Section 5924.148 | Short Title.
Section 5924.15 | Nonjudicial Punishment.
Section 5924.16 | Courts-Martial.
Section 5924.17 | Jurisdiction of Courts-Martial.
Section 5924.18 | Jurisdiction of General Courts-Martial; Punishments.
Section 5924.19 | Jurisdiction of Special Courts-Martial; Punishments.
Section 5924.20 | Jurisdiction of Summary Courts-Martial; Punishments.
Section 5924.21 | Concurrent Jurisdiction.
Section 5924.22 | Convening General Courts-Martial.
Section 5924.23 | Convening Special Courts-Martial.
Section 5924.24 | Convening Summary Courts-Martial.
Section 5924.25 | Service on Courts-Martial.
Section 5924.26 | Military Judge.
Section 5924.27 | Trial and Defense Counsel.
Section 5924.28 | Court Reporters and Interpreters.
Section 5924.29 | Absent and Additional Members.
Section 5924.30 | Charges and Specifications.
Section 5924.31 | Self-Incrimination.
Section 5924.32 | Investigation.
Section 5924.33 | Forwarding Charges.
Section 5924.34 | Pre-Trial Referral of General Court-Martial Charge.
Section 5924.35 | Service of Charges.
Section 5924.36 | Trial Procedure.
Section 5924.37 | Unlawful Influence.
Section 5924.38 | Duties of Trial and Defense Counsel.
Section 5924.39 | Convening Without Members of Court Present.
Section 5924.40 | Continuances.
Section 5924.43 | Statute of Limitations.
Section 5924.44 | Double Jeopardy.
Section 5924.45 | Entry of Plea by Accused; Entry by Court.
Section 5924.46 | Opportunity to Obtain Evidence and Witnesses.
Section 5924.47 | Refusal to Appear or Testify.
Section 5924.48 | Penalty for Contempt.
Section 5924.49 | Depositions.
Section 5924.50 | Admissibility of Records of Board of Officers.
Section 5924.501 | Competency of Accused; Hearing.
Section 5924.502 | Evaluation of Accused's Mental Condition.
Section 5924.503 | Findings of Competency or Incompetency; Evaluation and Treatment of Accused.
Section 5924.504 | Finding Accused Incompetent to Stand Trial; Civil Commitment.
Section 5924.505 | "Not Guilty by Reason of Insanity".
Section 5924.506 | Finding of Not Guilty by Reason of Insanity; Hearing.
Section 5924.51 | Voting and Rulings.
Section 5924.52 | Number of Votes Required.
Section 5924.53 | Announcement of Findings.
Section 5924.54 | Record of Proceedings.
Section 5924.55 | Cruel and Unusual Punishments.
Section 5924.56 | Maximum Punishments.
Section 5924.57 | Effective Date of Sentences.
Section 5924.58 | Execution of Sentence of Confinement.
Section 5924.581 | Reduction in Pay for Enlisted Members.
Section 5924.582 | Forfeiture of Pay and Allowances.
Section 5924.59 | Review of Finding.
Section 5924.61 | Appeal by Accused.
Section 5924.62 | Appeal by State.
Section 5924.64 | Review of Cases in Which No Appeal Taken.
Section 5924.65 | Transmission of Record.
Section 5924.66 | Court of Military Appeals.
Section 5924.67 | Compensation for Judges.
Section 5924.68 | Power of Subpoena.
Section 5924.69 | Appeals to the Supreme Court.
Section 5924.70 | Appellate Counsel.
Section 5924.71 | Sentence of Dismissal or Discharge.
Section 5924.72 | Vacation of Suspension of Sentence.
Section 5924.73 | Petition for New Trial.
Section 5924.76 | Finality of Proceedings.
Section 5924.761 | Leave Pending Completion of Certain Actions.
Section 5924.77 | Principal Defined.
Section 5924.78 | Accessory After the Fact.
Section 5924.79 | Conviction of Lesser Included Offense.
Section 5924.82 | Solicitation.
Section 5924.83 | Fraudulent Enlistment, Appointment or Separation.
Section 5924.84 | Unlawful Enlistment, Appointment or Separation.
Section 5924.86 | Absence Without Leave.
Section 5924.87 | Missing Movement.
Section 5924.88 | Contempt Toward Officials.
Section 5924.89 | Disrespect Toward Superior Officer.
Section 5924.90 | Assault - Willfully Disobeying an Officer.
Section 5924.91 | Insubordinate Conduct Toward Noncommissioned Officer.
Section 5924.92 | Failure to Obey Order or Regulation.
Section 5924.93 | Cruelty - Maltreatment.
Section 5924.94 | Mutiny - Sedition.
Section 5924.95 | Arrest and Confinement.
Section 5924.96 | Releasing Prisoner Without Proper Authority.