Oklahoma Statutes
Title 44. Militia
§44-250. Short title - Oklahoma State Guard Act.

This act shall be known and may be cited as the "Oklahoma State Guard Act".

Added by Laws 1941, p. 171, § 10, emerg. eff. June 4, 1941. Amended by Laws 2019, c. 408, § 212, eff. Oct. 1, 2019.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 44. Militia

§44-1. Short title.

§44-3. Reference to repealed clauses.

§44-4. Partial invalidity.

§44-6. Honorary staff of the Governor.

§44-21. Military Department.

§44-21.1. Personnel - Unclassified service.

§44-22. Administration of military matters.

§44-23. Governor as Commander in Chief - Powers - Armed military forces from other state or territory - Independent military organizations.

§44-24. Adjutant General - Eligibility - Appointment.

§44-25. Rank of Adjutant General - Assistants.

§44-26. Duties of the Adjutant General.

§44-26.1. Financial donations to the Adjutant General.

§44-26.2. Requests from Adjutant General for confidential criminal justice information in administrative or court-martial actions.

§44-27. Compensation of personnel.

§44-28. Petty cash fund.

§44-41. Composition of Militia - Classes.

§44-43. Eligibility as commissioned officers - Qualifications.

§44-45. Oath of commissioned officers.

§44-47. Period of enlistment - Qualifications - Reenlistment - Oath - Relinquishment of custody of minor child.

§44-48. Discharge of enlisted men.

§44-49. Application of Army customs - Regulations and usage.

§44-71. Duty to attend assembly - Refusal of employer to permit attendance - Drills, exercises, etc.

§44-72. Ordering into active service.

§44-73. Local commanding officer - Order into service in emergency.

§44-74. Compensation and benefits.

§44-75. Hospital and medical treatment.

§44-77. State funding for insurance premiums.

§44-111. Public property - Liability of commanding officer - Liability of person responsible for loss, damage or destruction - Apprehension and prosecution of persons absconding.

§44-112. Suits for recovery of property.

§44-113. Seizure and report of property illegally possessed, etc.

§44-114. Accounts - Settlement.

§44-115. Bond of officers accountable for or receiving military property.

§44-116. Accounting by officer before receiving payments.

§44-117. Issue and use of property.

§44-192. Rules and procedures for establishing and awarding medals, ribbons, and certificates.

§44-208. Discrimination against officers or enlisted members - Places of entertainment or amusement - Discharge or hindrance of duties by employers.

§44-208.1. Civil law protections - Servicemembers Civil Relief Act.

§44-209. Leave of absence to public officers and employees.

§44-210. Assault on member or body of National Guard or person assisting them.

§44-211. Martial law - Arrests and subpoenas.

§44-212. Deadly force – Immunity from personal liability.

§44-213. Exemption from taxation of military property - Free use of municipally owned public utilities.

§44-218. Acceptance or purchase of title to real estate.

§44-219. State not to be financially responsible.

§44-220. Building and loan association loans authorized.

§44-221. Provisions for National Guard when in service.

§44-223. Privilege from arrest.

§44-224. Misdemeanor to interfere with Militia.

§44-227. Architect - Selection - Contract by Adjutant General.

§44-228. Deed or lease by county commissioners to Adjutant General.

§44-229. Authorizing to order National Guard beyond borders of state - Law governing - Jurisdiction.

§44-230. Police officers (OMD) - Powers and duties.

§44-231. Assisting in drug interdicton and counter drug activities - National Guard volunteers to be requested by Governor.

§44-231a. Fire protection agreements.

§44-231b. Protection of assets vital to national security.

§44-232. Youth programs.

§44-232.1. Contracts to lease or rent facilities.

§44-232.2. Use and operation.

§44-232.3. Armory boards.

§44-232.4. Rules and regulations for use and oversight of facilities.

§44-233.2. Agreement with United States.

§44-233.3. Construction contracts - Sale, disposition, demolition or transfer of property - Proceeds.

§44-233.5. Conveyance of sites by political subdivisions.

§44-233.7. Oklahoma Military Department Revolving Fund.

§44-233.10. Purchase of replacement commercial funds.

§44-233.10a. Purchase of computer hardware or software.

§44-233.11. Contracts for professional services.

§44-233.12. Qualifying federal programs to be regarded as individual purchasing entities.

§44-233.13. Authority to purchase products through a General Services Administration contract.

§44-233.14. Military Justice Revolving Fund.

§44-235. Creation of Oklahoma National Guard Museum.

§44-235.1. Oklahoma National Guard Museum Fund.

§44-235.2. Acceptance of gifts for the Oklahoma National Guard Museum.

§44-237. Oklahoma National Guard Relief Program.

§44-241. Governor authorized to organize, maintain, etc. - Uniform.

§44-242. Designation - Composition - Distinct from National Guard - Place of service.

§44-243. Rules and regulations - Arms and equipment - Drill and instruction - Similarity to National Guard - Compensation and allowances.

§44-244. Calling into military service of United States not authorized - No exemption from military service.

§44-245. Persons not to be commissioned or enlisted.

§44-246. Oath of officers.

§44-247. Term of enlistment - Oath upon enlistment.

§44-248. Exemption from arrest, jury duty and service on posse comitatus.

§44-250. Short title - Oklahoma State Guard Act.

§44-800. Short title - Oklahoma Uniform Code of Military Justice.

§44-801. Definitions.

§44-802. Persons subject to the Oklahoma Uniform Code of Military Justice.

§44-803. Jurisdiction to try certain personnel.

§44-804. Reserved.

§44-805. Territorial applicability of Oklahoma Uniform Code of Military Justice.

§44-806. Judge advocates.

§44-806A. Investigation and disposition of matters pertaining to the fitness of military judges.

§44-806B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice.

§44-807. Apprehension.

§44-808. Warrant of arrest, issuance, contents, service.

§44-809. Imposition of restraint.

§44-810. Restraint of persons charged.

§44-811. Place of confinement, reports and receiving of prisoners.

§44-812. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others.

§44-813. Punishment prohibited before trial.

§44-814. Delivery of offenders to civil authorities.

§44-815. Commanding officer's nonjudicial punishment.

§44-816. Courts-martial classified.

§44-817. Jurisdiction of courts-martial in general.

§44-818. General courts-martial.

§44-819. Jurisdiction of special courts-martial.

§44-820. Jurisdiction and appeals of summary courts-martial.

§44-821. Reserved.

§44-822. Who may convene general courts-martial.

§44-823. Who may convene special courts-martial.

§44-824. Who may convene summary courts-martial.

§44-825. Who may serve on courts-martial.

§44-826. Military trial judge of a general or special court-martial.

§44-826A. Military magistrates.

§44-827. Detail of trial counsel and defense counsel.

§44-828. Detail or employment of reporters and interpreters.

§44-829. Assembly and impaneling of members - Detail of new members and military judges.

§44-830. Charges and specifications.

§44-830A. Certain proceedings conducted before referral.

§44-831. Compulsory self-incrimination prohibited.

§44-832. Preliminary hearing required before referral to general court-martial.

§44-833. Disposition guidance.

§44-834. Advice to convening authority before referral for trial.

§44-835. Service of charges - Commencement of trial.

§44-836. Procedure for courts-martial.

§44-837. Unlawfully influencing action of court.

§44-838. Duties of trial counsel and defense counsel.

§44-839. Sessions.

§44-840. Continuances.

§44-841. Challenges.

§44-842. Oaths.

§44-843. Statute of limitations.

§44-844. Former jeopardy.

§44-845. Pleas of the accused.

§44-846. Opportunity to obtain witnesses and other evidence in trials by court-martial.

§44-847. Refusal to appear or testify.

§44-848. Contempt.

§44-849. Depositions.

§44-850. Admissibility of sworn testimony from records of courts of inquiry.

§44-850A. Defense of lack of mental responsibility.

§44-851. Voting and rulings.

§44-852. Votes required for conviction, sentencing and other matters.

§44-853. Findings and sentencing.

§44-853A. Plea agreements.

§44-854. Record of trial.

§44-855. Cruel and unusual punishments prohibited.

§44-856. Sentencing.

§44-857. Effective date of sentences.

§44-858. Execution of confinement.

§44-858A. Sentences - Reduction in enlisted grade.

§44-858B. Sentences - Forfeiture of pay and allowances during confinement.

§44-858C. Enforcement of fines or adjudication of pecuniary liability.

§44-858D. Parole.

§44-859. Error of law - Lesser included offense.

§44-860. Posttrial processing in general and special courts-martial.

§44-860A. Limited authority to act on sentence in specified posttrial circumstances.

§44-860B. Posttrial actions in summary courts-martial and certain general and special courts-martial.

§44-860C. Entry of judgment.

§44-861. Waiver of right to appeal - Withdrawal of appeal.

§44-862. Appeal by the State of Oklahoma.

§44-863. Rehearings.

§44-864. Judge advocate review of finding of guilty in summary court-martial.

§44-865. Transmittal and review of records.

§44-866. Military Court of Appeals for state military forces.

§44-867. Review by the Oklahoma Court of Criminal Appeals.

§44-867A. Reserved.

§44-868. Reserved.

§44-869. Review by State Judge Advocate.

§44-870. Appellate counsel.

§44-871. Reserved.

§44-872. Vacation of suspension.

§44-873. Petition for a new trial.

§44-874. Remission and suspension.

§44-875. Restoration.

§44-876. Finality of proceedings, findings, and sentences.

§44-876A. Leave required to be taken pending review of certain court-martial convictions.

§44-876B. Lack of mental capacity or mental responsibility.

§44-877. Principals.

§44-878. Accessory after the fact.

§44-879. Conviction of offense charged, lesser included offenses.

§44-880. Attempts.

§44-881. Conspiracy.

§44-882. Soliciting commission of offenses.

§44-883. Malingering.

§44-884. Breach of medical quarantine.

§44-885. Desertion.

§44-886. Absence without leave.

§44-887. Missing movement - Jumping from vessel.

§44-887A. Resistance, flight, breach of arrest, and escape.

§44-887B. Reserved.

§44-888. Contempt toward officials.

§44-889. Disrespect toward superior commissioned officer - Assault of superior commissioned officer.

§44-890. Willfully disobeying superior commissioned officer.

§44-891. Insubordinate conduct toward warrant officer, or noncommissioned officer.

§44-892. Failure to obey order or regulation.

§44-893. Cruelty and maltreatment.

§44-893A. Prohibited activities with military recruit or trainee by person in position of special trust.

§44-894. Mutiny or sedition.

§44-895. Offenses by sentinel or lookout.

§44-895A. Disrespect toward sentinel or lookout.

§44-896. Release of prisoner without authority - Drinking with prisoner.

§44-897. Unlawful detention.

§44-898. Misconduct as prisoner.

§44-899. Misbehavior before the enemy.

§44-900. Subordinate compelling surrender.

§44-901. Improper use of countersign.

§44-902. Forcing a safeguard.

§44-903. Reserved.

§44-903A. Reserved.

§44-903B. Aiding the enemy.

§44-903C. Unlawful disclosure of confidential information.

§44-904. Public records offenses.

§44-904A. Fraudulent enlistment, appointment, or separation.

§44-904B. Unlawful enlistment, appointment, or separation.

§44-905. Reserved.

§44-905A. False or unauthorized pass offenses.

§44-906. Reserved.

§44-906A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.

§44-907. False official statements - False swearing.

§44-907A. Reserved.

§44-908. Military property-loss, damage, destruction, or wrongful disposition.

§44-908A. Captured or abandoned property.

§44-909. Property other than military property - Waste, spoilage, or destruction.

§44-909A. Reserved.

§44-910. Improper hazarding of vessel or aircraft.

§44-911. Reserved.

§44-912. Drunkenness and other incapacitation offenses.

§44-912A. Wrongful use, possession, etc., of controlled substances.

§44-913. Reserved.

§44-914. Endangerment offenses.

§44-915. Reserved.

§44-916. Riot or breach of peace.

§44-917. Provoking speeches or gestures.

§44-917A. Wrongful broadcast or distribution of intimate visual images.

§44-918. Reserved.

§44-919. Reserved.

§44-919A. Reserved.

§44-919B. Reserved.

§44-920. Sexual assault generally.

§44-920A. Reserved.

§44-920B. Reserved.

§44-920C. Other sexual misconduct.

§44-920D. Fraternization.

§44-921. Larceny and wrongful appropriation.

§44-921A. Reserved.

§44-921B. Reserved.

§44-922. Reserved.

§44-922A. Reserved.

§44-923. Reserved.

§44-923A. Reserved.

§44-924. Frauds against the government.

§44-924A. Reserved.

§44-924B. Reserved.

§44-925. Reserved.

§44-926. Reserved.

§44-927. Reserved.

§44-928. Assault.

§44-928A. Reserved.

§44-928B. Reserved.

§44-929. Reserved.

§44-929A. Reserved.

§44-930. Stalking.

§44-931. Perjury.

§44-931A. Subornation of perjury.

§44-931B. Obstructing justice.

§44-931C. Misprision of serious offense.

§44-931D. Wrongful refusal to testify.

§44-931E. Reserved.

§44-931F. Noncompliance with procedural rules.

§44-931G. Wrongful interference with adverse administrative proceeding.

§44-932. Retaliation.

§44-933. Conduct unbecoming an officer and a gentleman.

§44-934. General article.

§44-935. Courts of inquiry.

§44-936. Authority to administer oaths.

§44-937. Articles to be explained.

§44-938. Complaints of wrongs.

§44-939. Redress of injuries to property.

§44-940. Delegation by the Governor.

§44-940A. Precedence of regulations.

§44-940B. Publication by Secretary of State.

§44-941. Payment of fees, costs and expenses - Military Justice Fund.

§44-942. Payment and collection of fines.

§44-943. Uniformity of interpretation.

§44-944. Immunity for duties performed under Code.

§44-945. Jurisdiction not extended to certain crimes.

§44-946. Continuances for military service.

§44-4300. Short title - Oklahoma Uniformed Services Employment and Reemployment Rights Act.

§44-4301. Purposes.

§44-4302. Construction with other laws.

§44-4303. Definitions.

§44-4304. Termination of entitlement to benefits.

§44-4311. Employment rights – Discrimination by employer.

§44-4312. Reemployment rights and benefits.

§44-4313. Employees of state government or political subdivisions - Reemployment.

§44-4314. Reemployment - Director of Human Capital Management of the Office of Management and Enterprise Services duties.

§44-4315. State agency or political subdivision procedures for ensuring rights apply to employees.

§44-4316. Reemployment – Retention of seniority and other rights and benefits.

§44-4317. Continuation of health coverage.

§44-4319. Liability of controlling Oklahoma employer of foreign entity - Applicability to foreign employer.

§44-4321. Assistance from Commissioner of Labor.

§44-4322. Refusal to comply – Complaint process.

§44-4323. Action for relief – Referral to district attorney.

§44-4326. Investigatory powers – Subpoenas – District court writs.

§44-4327. Effect of noncompliance of state officials with deadlines - Inapplicability of statutes of limitations.

§44-4331. Authority to prescribe regulations.

§44-4332. Annual report by the Commissioner of Labor.

§44-4333. Informing persons and employers of rights, benefits, and obligations.

§44-4334. Notice of rights, benefits, and obligations to be posted by employer.

§44-4335. Training to be provided by state agencies and political subdivisions.