ARTICLE 48. Contempt.
A. Authority to punish.
1. With respect to any proceeding under the Oklahoma Uniform Code of Military Justice, a judicial officer specified in paragraph 2 of this subsection may punish for contempt any person who:
2. A judicial officer referred to in paragraph 1 of this subsection is any of the following:
B. Opportunity to be heard and warning. A judicial officer, as specified in paragraph 2 of subsection A of this section, may punish a person cited for contempt after an opportunity to be heard has been given. Censure shall be imposed by the judicial officer only if:
1. It is clear from the identity of the offender and the character of his or her acts that disruptive conduct is willfully contemptuous; or
2. The conduct warranting the sanction is preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.
C. Notification of contempt proceedings. The judicial officer, as specified in paragraph 2 of subsection A of this section, as soon as practicable after he or she is satisfied that courtroom misconduct requires contempt proceedings, should inform the alleged offender of his or her intention to institute said proceedings.
D. Notice and opportunity to provide evidence or testimony. Before imposing any punishment for contempt, the judicial officer shall give the offender notice of the charges and an opportunity to adduce evidence or argument relevant to guilt or punishment.
E. Imposition of sanctions. The judicial officer before whom the misconduct occurs may impose appropriate sanctions including punishment for contempt.
F. Punishment. The punishment for contempt under subsection A of this section shall not exceed the punishments provided in subsection A of Section 566 of Title 21 of the Oklahoma Statutes.
G. Review. A punishment under this section:
1. If imposed by a military trial judge, may be reviewed by the Military Court of Appeals in accordance with the uniform rules of procedure for the Military Court of Appeals under subsection L of Section 866 of this title (Article 66, subsection L);
2. If imposed by the chief judge of the Military Court of Appeals, shall constitute a judgment of the court, subject to review under the applicable provisions of Section 867 of this title (Article 67); and
3. If imposed by a court of inquiry, shall be subject to review by the convening authority in accordance with regulations promulgated by the Adjutant General.
Added by Laws 2019, c. 408, § 55, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 19, emerg. eff. April 13, 2021.
Structure Oklahoma Statutes
§44-3. Reference to repealed clauses.
§44-6. Honorary staff of the Governor.
§44-21.1. Personnel - Unclassified service.
§44-22. Administration of military matters.
§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.
§44-27. Compensation of personnel.
§44-41. Composition of Militia - Classes.
§44-43. Eligibility as commissioned officers - Qualifications.
§44-45. Oath of commissioned officers.
§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.
§44-112. 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.
§44-208.1. 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.
§44-218. 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.
§44-231a. Fire protection agreements.
§44-231b. Protection of assets vital to national security.
§44-232.1. Contracts to lease or rent facilities.
§44-232.4. Rules and regulations for use and oversight of facilities.
§44-233.2. Agreement with United States.
§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.
§44-245. Persons not to be commissioned or enlisted.
§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.
§44-802. Persons subject to the Oklahoma Uniform Code of Military Justice.
§44-803. Jurisdiction to try certain personnel.
§44-805. Territorial applicability of Oklahoma Uniform Code of Military Justice.
§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.
§44-808. 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.
§44-813. 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.
§44-822. 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.
§44-843. Statute of limitations.
§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.
§44-850. Admissibility of sworn testimony from records of courts of inquiry.
§44-850A. Defense of lack of mental responsibility.
§44-852. Votes required for conviction, sentencing and other matters.
§44-853. Findings and sentencing.
§44-855. Cruel and unusual punishments prohibited.
§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.
§44-859. 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.
§44-861. Waiver of right to appeal - Withdrawal of appeal.
§44-862. Appeal by the State of Oklahoma.
§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.
§44-869. Review by State Judge Advocate.
§44-872. Vacation of suspension.
§44-873. Petition for a new trial.
§44-874. Remission and suspension.
§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.
§44-878. Accessory after the fact.
§44-879. Conviction of offense charged, lesser included offenses.
§44-882. Soliciting commission of offenses.
§44-884. Breach of medical quarantine.
§44-886. Absence without leave.
§44-887. Missing movement - Jumping from vessel.
§44-887A. Resistance, flight, breach of arrest, and escape.
§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.
§44-895. Offenses by sentinel or lookout.
§44-895A. Disrespect toward sentinel or lookout.
§44-896. Release of prisoner without authority - Drinking with prisoner.
§44-898. Misconduct as prisoner.
§44-899. Misbehavior before the enemy.
§44-900. Subordinate compelling surrender.
§44-901. Improper use of countersign.
§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.
§44-905A. False or unauthorized pass offenses.
§44-906A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.
§44-907. False official statements - False swearing.
§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.
§44-910. Improper hazarding of vessel or aircraft.
§44-912. Drunkenness and other incapacitation offenses.
§44-912A. Wrongful use, possession, etc., of controlled substances.
§44-914. Endangerment offenses.
§44-916. Riot or breach of peace.
§44-917. Provoking speeches or gestures.
§44-917A. Wrongful broadcast or distribution of intimate visual images.
§44-920. Sexual assault generally.
§44-920C. Other sexual misconduct.
§44-921. Larceny and wrongful appropriation.
§44-924. Frauds against the government.
§44-931A. Subornation of perjury.
§44-931B. Obstructing justice.
§44-931C. Misprision of serious offense.
§44-931D. Wrongful refusal to testify.
§44-931F. Noncompliance with procedural rules.
§44-931G. Wrongful interference with adverse administrative proceeding.
§44-933. Conduct unbecoming an officer and a gentleman.
§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.
§44-4302. Construction with other laws.
§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.
§44-4315. 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.
§44-4321. 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.
§44-4331. 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.