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Chapter 01 - Department Of The Military
Section 33-1-1 - Definitions. - 33-1-1. Definitions. Terms used in chapters 33-1 to 33-14, inclusive,...
Section 33-1-2 - Adjutant general--Rank--Appointment--Qualifications. - 33-1-2. Adjutant general--Rank--Appointment--Qualifications. One adjutant general, in the grade of...
Section 33-1-2.1 - Office continued in Department of the Military. - 33-1-2.1. Office continued in Department of the Military. The Office...
Section 33-1-6 - Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census. - 33-1-6. Duties of adjutant general respecting communications--Recommendations to Governor--Coat of...
Section 33-1-7 - Cooperation with and from other departments. - 33-1-7. Cooperation with and from other departments. Power is hereby...
Section 33-1-8 - General staff--Composition and responsibilities--Assistants. - 33-1-8. General staff--Composition and responsibilities--Assistants. The general staff shall include...
Section 33-1-9.1 - Department abolished--Performance of functions. - 33-1-9.1. Department abolished--Performance of functions. The Department of Military and...
Section 33-1-10 - Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants. - 33-1-10. Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants....
Section 33-1-10.1 - Assistant adjutants general--Tour of duty--Reappointment. - 33-1-10.1. Assistant adjutants general--Tour of duty--Reappointment. Notwithstanding the provisions of...
Section 33-1-11 - Seal of department. - 33-1-11. Seal of department. The department shall have a seal...
Section 33-1-12 - Adjutant general as general supervisor of department--Staff assistants. - 33-1-12. Adjutant general as general supervisor of department--Staff assistants. The...
Section 33-1-13 - Staff sections and administrative assistants. - 33-1-13. Staff sections and administrative assistants. The Department of the...
Section 33-1-14 - Qualifications of staff officers--Term of office--Vacancies. - 33-1-14. Qualifications of staff officers--Term of office--Vacancies. The staff officers...
Section 33-1-15 - Officers and appointees--Clerical and other employees--Salaries. - 33-1-15. Officers and appointees--Clerical and other employees--Salaries. The adjutant general...
Section 33-1-16 - Rank of staff assistants--Compensation and traveling expenses. - 33-1-16. Rank of staff assistants--Compensation and traveling expenses. Staff assistants...
Section 33-1-17 - Board of Military Affairs--Membership and term of office--Compensation. - 33-1-17. Board of Military Affairs--Membership and term of office--Compensation. There...
Section 33-1-17.1 - Direction and supervision by Department of the Military--Independent functions retained by board. - 33-1-17.1. Direction and supervision by Department of the Military--Independent functions...
Section 33-1-18 - Oath of board members. - 33-1-18.Oath of board members. Before entering upon the discharge of...
Section 33-1-19 - Powers, duties, and functions of Board of Military Affairs. - 33-1-19. Powers, duties, and functions of Board of Military Affairs....
Section 33-1-21 - Federally designated holidays to be observed. - 33-1-21. Federally designated holidays to be observed. With the approval...
Chapter 02 - State Militia
Section 33-2-1 - Governor as commander of militia--Organized portion as South Dakota National Guard. - 33-2-1. Governor as commander of militia--Organized portion as South Dakota...
Section 33-2-2 - Composition of militia--National guard and unorganized militia. - 33-2-2. Composition of militia--National Guard and unorganized militia. The militia...
Section 33-2-3 - Persons exempt from military duty--Circumstances under which exemption is inapplicable. - 33-2-3. Persons exempt from military duty--Circumstances under which exemption is...
Section 33-2-4 - Conscientious objectors as exempt--Persons exempt by laws of United States. - 33-2-4. Conscientious objectors as exempt--Persons exempt by laws of United...
Section 33-2-6 - Circumstances under which militia may be put in actual service. - 33-2-6. Circumstances under which militia may be put in actual...
Section 33-2-7 - Ranking officer as commander of troops in service--Citizenship requirement. - 33-2-7. Ranking officer as commander of troops in service--Citizenship requirement....
Section 33-2-8 - Law governing militia in active service. - 33-2-8. Law governing militia in active service. The militia, while...
Section 33-2-9 - Pay during active service. - 33-2-9. Pay during active service. When in active service of...
Chapter 03 - Organization And Training Of National Guard
Section 33-3-2 - Personnel comprising National Guard. - 33-3-2. Personnel comprising National Guard. The National Guard shall be...
Section 33-3-3 - Composition of military units--Authorization for units by President of United States. - 33-3-3. Composition of military units--Authorization for units by President of...
Section 33-3-5 - Recognition of units by Department of Defense. - 33-3-5. Recognition of units by Department of Defense. The Governor...
Section 33-3-6 - Emergency mustering of National Guard. - 33-3-6. Emergency mustering of National Guard. The Governor may, in...
Section 33-3-7 - Recruiting additional authorized units. - 33-3-7. Recruiting additional authorized units. If the President authorizes the...
Section 33-3-8 - Location of units--Disbanding or reducing size of units. - 33-3-8. Location of units--Disbanding or reducing size of units. The...
Section 33-3-9 - Organization, equipment, and discipline of National Guard--Federal requirements. - 33-3-9. Organization, equipment, and discipline of National Guard--Federal requirements. The...
Section 33-3-10 - Discipline and training. - 33-3-10. Discipline and training. The discipline and training of the...
Section 33-3-11 - Orders issued by governor--Federal requirements. - 33-3-11. Orders issued by governor--Federal requirements. The Governor may issue...
Section 33-3-12 - Applicability of federal regulations. - 33-3-12. Applicability of federal regulations. The South Dakota National Guard...
Section 33-3-13 - General efficiency of National Guard--Duty of adjutant general. - 33-3-13. General efficiency of National Guard--Duty of adjutant general. The...
Section 33-3-14 - Duty of subordinate commanding officers. - 33-3-14. Duty of subordinate commanding officers. Commanding officers of organizations...
Section 33-3-15 - Duty of other officers and enlisted men--Preservation of property. - 33-3-15. Duty of other officers and enlisted men--Preservation of property....
Section 33-3-21 - Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor. - 33-3-21. Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor. The...
Section 33-3-22 - Interfering with National Guard members in performance of duty--Misdemeanor. - 33-3-22. Interfering with National Guard members in performance of duty--Misdemeanor....
Section 33-3-23 - Target practice--Competition. - 33-3-23. Target practice--Competition. The Governor may order target practice as...
Section 33-3-28 - Military personnel authorized to administer oaths. - 33-3-28. Military personnel authorized to administer oaths. Any officer or...
Section 33-3-29 - Awards to outstanding members of guard authorized. - 33-3-29. Awards to outstanding members of guard authorized. The adjutant...
Chapter 04 - National Guard Officers
Section 33-4-1 - Officers commissioned at discretion of Governor--Examination--Oath of office. - 33-4-1. Officers commissioned at discretion of Governor--Examination--Oath of office. All...
Section 33-4-2 - Citizenship and qualifications--Previous expulsion from service. - 33-4-2. Citizenship and qualifications--Previous expulsion from service. Any commissioned officer...
Section 33-4-5 - Additional requirements. - 33-4-5. Additional requirements. Except as specifically excluded by statute or...
Section 33-4-8 - Appointment of officers for new organization. - 33-4-8. Appointment of officers for new organization. If the Governor...
Section 33-4-9 - Oath of office. - 33-4-9. Oath of office. Commissioned officers of the national guard...
Section 33-4-10 - Issuance of commissions--Filing of oath. - 33-4-10. Issuance of commissions--Filing of oath. The Governor shall issue...
Section 33-4-12 - Board of Examiners--Promulgation of rules. - 33-4-12. Board of Examiners--Promulgation of rules. The Governor may appoint...
Section 33-4-19 - Cost of uniforms and equipment--Issuance by quartermaster. - 33-4-19. Cost of uniforms and equipment--Issuance by quartermaster. No state...
Chapter 05 - National Guard Enlisted Members
Section 33-5-1 - Qualifications and procedures for enlistment. - 33-5-1. Qualifications and procedures for enlistment. Any person who is...
Section 33-5-10 - Change of residence within state. - 33-5-10. Change of residence within state. If a member of...
Section 33-5-11 - Conditions for discharge before expiration of enlistment. - 33-5-11. Conditions for discharge before expiration of enlistment. In time...
Section 33-5-15.1 - Failure to return military property as theft. - 33-5-15.1. Failure to return military property as theft. Any person...
Section 33-5-17 - Discharges subject to state and federal law. - 33-5-17. Discharges subject to state and federal law. All discharges...
Section 33-5-18 - Rules governing discharges. - 33-5-18. Rules governing discharges. The Department of the Military may...
Chapter 06 - Privileges And Exemptions Of Guard Members
Section 33-6-2 - Exemption from arrest and process at certain times. - 33-6-2. Exemption from arrest and process at certain times. No...
Section 33-6-3 - Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited. - 33-6-3. Right of way while performing duty--Interference with law enforcement...
Section 33-6-4 - Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs. - 33-6-4. Representation furnished National Guard members in civil proceedings--Security for...
Section 33-6-5 - Tuition benefits for National Guard members at state educational institutions under management of Board of Regents--Limitation. - 33-6-5. Tuition benefits for National Guard members at state educational...
Section 33-6-5.1 - Tuition benefits for National Guard members enrolled in graduate degree programs in state institutions under management of Board of Regents. - 33-6-5.1. Tuition benefits for National Guard members enrolled in graduate...
Section 33-6-5.2 - Tuition benefits for National Guard members in courses under management of Board of Regents not subsidized by general fund. - 33-6-5.2. Tuition benefits for National Guard members in courses under...
Section 33-6-5.3 - Tuition privilege for National Guard members enrolled in graduate courses under control of board not subsidized by general fund. - 33-6-5.3. Tuition privilege for National Guard members enrolled in graduate...
Section 33-6-6 - Postsecondary technical institute programs--Tuition charges--National Guard--Limitations. - 33-6-6. Postsecondary technical institute programs--Tuition charges--National Guard--Limitations. Any member of...
Section 33-6-7 - Eligibility requirements for tuition privilege. - 33-6-7. Eligibility requirements for tuition privilege. To be eligible for...
Section 33-6-8 - Application for tuition benefits--Determination of entitlement. - 33-6-8. Application for tuition benefits--Determination of entitlement. Any person desiring...
Section 33-6-8.1 - Tuition benefits for nonresident national guard members. - 33-6-8.1. Tuition benefits for nonresident national guard members. For purposes...
Chapter 07 - National Guard Pay And Allowances
Section 33-7-1 - Active duty pay and allowances. - 33-7-1. Active duty pay and allowances. Officers and enlisted men...
Section 33-7-3 - Stopping pay to recover charges against member of guard. - 33-7-3. Stopping pay to recover charges against member of guard....
Section 33-7-6 - Reimbursement for certain expenses--Use of transportation assets for military purposes - 33-7-6. Reimbursement for certain expenses--Use of transportation assets for military...
Section 33-7-7 - Medical care of temporarily injured or ill members--Continuation of pay and allowances. - 33-7-7. Medical care of temporarily injured or ill members--Continuation of...
Chapter 08 - Military Uniforms
Section 33-8-1 - Enlisted men furnished with uniform--Noncommissioned staff requisitions. - 33-8-1. Enlisted men furnished with uniform--Noncommissioned staff requisitions. Every noncommissioned...
Section 33-8-5 - Injury, destruction, or sale of uniforms or other property--Misdemeanor. - 33-8-5. Injury, destruction, or sale of uniforms or other property--Misdemeanor....
Section 33-8-6 - Uniforms furnished by commissioned officers. - 33-8-6. Uniforms furnished by commissioned officers. All commissioned officers of...
Section 33-8-7 - Marks and insignia on uniforms. - 33-8-7. Marks and insignia on uniforms. The uniforms worn by...
Section 33-8-8 - Unauthorized use of uniform or other property--Petty offense. - 33-8-8. Unauthorized use of uniform or other property--Petty offense. Any...
Chapter 09 - Active Service Of National Guard
Section 33-9-1 - Authority of Governor to order active service--Application of other public officials. - 33-9-1. Authority of Governor to order active service--Application of other...
Section 33-9-2 - Absence of Governor--Authority of National Guard commanders. - 33-9-2. Absence of Governor--Authority of National Guard commanders. If the...
Section 33-9-3 - Delivery and communication of active service order--Procedure. - 33-9-3. Delivery and communication of active service order--Procedure. Any order...
Section 33-9-7 - Accessories to disobedience--Misdemeanor. - 33-9-7. Accessories to disobedience--Misdemeanor. Any person who advises or endeavors...
Section 33-9-8 - Response to disasters--Suppression of riots--Duty to obey civilian officials. - 33-9-8. Response to disasters--Suppression of riots--Duty to obey civilian officials....
Section 33-9-9 - Injuries in course of riot suppression--Members and magistrates exonerated--Rioters held to answer. - 33-9-9. Injuries in course of riot suppression--Members and magistrates exonerated--Rioters...
Section 33-9-10 - Immunity of commanding officers and members of military forces. - 33-9-10. Immunity of commanding officers and members of military forces....
Section 33-9-11 - Compensation and expenses during active service. - 33-9-11. Compensation and expenses during active service. In active service...
Section 33-9-12 - National Guard Mutual Assistance Compact--Enactment--Text of compact. - 33-9-12. National Guard Mutual Assistance Compact--Enactment--Text of compact. The National...
Section 33-9-13 - State service periods--Rights and benefits. - 33-9-13. State service periods--Rights and benefits. In accordance with paragraph...
Section 33-9-14 - Claims--Payment. - 33-9-14. Claims--Payment. Upon presentation of a claim therefor by an...
Section 33-9-15 - National Guard Mutual Assistance Counter-drug Activities Compact--Enactment--Text of Compact. - 33-9-15. National Guard Mutual Assistance Counter-drug Activities Compact--Enactment--Text of Compact....
Chapter 10 - Uniform State Code Of Military Justice
Section 33-10-20 - Definitions. - 33-10-20.Definitions. Terms used in this chapter mean: (1)"Accuser," a person...
Section 33-10-21 - Persons subject to this code. - 33-10-21. Persons subject to this code. This code applies at...
Section 33-10-22 - Subject matter jurisdiction--Primary jurisdiction. - 33-10-22. Subject matter jurisdiction--Primary jurisdiction. Subject matter jurisdiction is established...
Section 33-10-23 - Jurisdiction over persons charged with fraudulent discharge. - 33-10-23. Jurisdiction over persons charged with fraudulent discharge. Each person...
Section 33-10-24 - Jurisdiction over deserters. - 33-10-24. Jurisdiction over deserters. No person who has deserted from...
Section 33-10-25 - Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction. - 33-10-25. Applicability to persons in duty status or where nexus...
Section 33-10-26 - Extraterritorial jurisdiction. - 33-10-26. Extraterritorial jurisdiction. Courts-martial and courts of inquiry may be...
Section 33-10-27 - Judge advocate supervision. - 33-10-27. Judge advocate supervision. The senior force judge advocates in...
Section 33-10-28 - Communication with judge advocates. - 33-10-28. Communication with judge advocates. Convening authorities shall at all...
Section 33-10-29 - Judge advocate to reviewing authority. - 33-10-29. Judge advocate to reviewing authority. No person who has...
Section 33-10-30 - Apprehension defined. - 33-10-30. Apprehension defined. Apprehension is the taking of a person...
Section 33-10-31 - Persons authorized to apprehend upon probable cause. - 33-10-31. Persons authorized to apprehend upon probable cause. Any person...
Section 33-10-32 - Quelling of or apprehension for quarrels, frays, and disorders. - 33-10-32. Quelling of or apprehension for quarrels, frays, and disorders....
Section 33-10-33 - Extradition. - 33-10-33. Extradition. If an offender is apprehended outside the state,...
Section 33-10-34 - Fees for apprehension. - 33-10-34. Fees for apprehension. No person authorized by this section...
Section 33-10-35 - Arrest and confinement defined. - 33-10-35. Arrest and confinement defined. Arrest is the restraint of...
Section 33-10-36 - Arrest or confinement of enlisted member. - 33-10-36. Arrest or confinement of enlisted member. An enlisted member...
Section 33-10-37 - Arrest or confinement of commissioned officer, warrant officer, or civilian. - 33-10-37. Arrest or confinement of commissioned officer, warrant officer, or...
Section 33-10-38 - Probable cause to arrest or confine. - 33-10-38. Probable cause to arrest or confine. No person may...
Section 33-10-39 - Custody before notification of proper authority. - 33-10-39. Custody before notification of proper authority. Sections 33-10-35 to...
Section 33-10-40 - Notice of offense--Diligent steps for trial or dismissal. - 33-10-40. Notice of offense--Diligent steps for trial or dismissal. If...
Section 33-10-41 - Place of confinement. - 33-10-41. Place of confinement. If a person subject to this...
Section 33-10-42 - Receiving of prisoners. - 33-10-42. Receiving of prisoners. No person authorized to receive prisoners...
Section 33-10-43 - Reports of prisoners. - 33-10-43. Reports of prisoners. Each person authorized to receive prisoners...
Section 33-10-44 - Confinement with enemy prisoners prohibited. - 33-10-44. Confinement with enemy prisoners prohibited. No member of the...
Section 33-10-45 - Punishment prohibited before trial. - 33-10-45. Punishment prohibited before trial. No person, while being held...
Section 33-10-46 - Delivery of offenders to civil authorities. - 33-10-46. Delivery of offenders to civil authorities. A person subject...
Section 33-10-47 - Completion of sentence of court martial upon return from civil authority. - 33-10-47. Completion of sentence of court martial upon return from...
Section 33-10-48 - Failure of enlisted member to report for duty--Arrest--Fees. - 33-10-48. Failure of enlisted member to report for duty--Arrest--Fees. If...
Section 33-10-49 - Arrest or confinement for disobedience or disruption--Trespassers. - 33-10-49. Arrest or confinement for disobedience or disruption--Trespassers. The commanding...
Section 33-10-50 - Commanding officer's non-judicial punishment. - 33-10-50. Commanding officer's non-judicial punishment. Under such regulations as prescribed,...
Section 33-10-51 - Forms of punishment by any commanding officer. - 33-10-51. Forms of punishment by any commanding officer. Any commanding...
Section 33-10-52 - Forms of punishment by major, lieutenant commander, or above. - 33-10-52. Forms of punishment by major, lieutenant commander, or above....
Section 33-10-53 - Forms of punishment by Governor, adjutant general, or certain other officers. - 33-10-53. Forms of punishment by Governor, adjutant general, or certain...
Section 33-10-54 - Duration of consecutive punishments. - 33-10-54. Duration of consecutive punishments. Whenever any of those punishments...
Section 33-10-55 - Arrest in quarters or restriction--Notice regarding right to trial by court-martial. - 33-10-55. Arrest in quarters or restriction--Notice regarding right to trial...
Section 33-10-56 - Suspension or mitigation of punishment. - 33-10-56. Suspension or mitigation of punishment. The officer who imposes...
Section 33-10-57 - Appeal. - 33-10-57. Appeal. A person punished under this code who considers...
Section 33-10-58 - Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment. - 33-10-58. Punishment not a bar to trial by court-martial or...
Section 33-10-59 - Forfeiture of pay. - 33-10-59. Forfeiture of pay. Whenever a punishment of forfeiture of...
Section 33-10-60 - Promulgation of rules regarding records. - 33-10-60. Promulgation of rules regarding records. Rules promulgated by the...
Section 33-10-61 - Courts-martial classified. - 33-10-61. Courts-martial classified. The three kinds of courts-martial in the...
Section 33-10-62 - Jurisdiction of courts-martial in general. - 33-10-62. Jurisdiction of courts-martial in general. Each component of the...
Section 33-10-63 - Jurisdiction of general courts-martial. - 33-10-63. Jurisdiction of general courts-martial. Subject to §33-10-62, general courts-martial...
Section 33-10-64 - Jurisdiction of special courts-martial. - 33-10-64. Jurisdiction of special courts-martial. Subject to §33-10-62, special courts-martial...
Section 33-10-65 - Jurisdiction of summary courts-martial. - 33-10-65. Jurisdiction of summary courts-martial. Subject to §33-10-62, summary courts-martial...
Section 33-10-66 - Objection to trial by summary courts-martial. - 33-10-66. Objection to trial by summary courts-martial. No person with...
Section 33-10-67 - Who may convene general courts-martial. - 33-10-67. Who may convene general courts-martial. A general court-martial may...
Section 33-10-68 - Who may convene special courts-martial. - 33-10-68. Who may convene special courts-martial. A special courts-martial may...
Section 33-10-69 - Who may convene summary courts-martial. - 33-10-69. Who may convene summary courts-martial. A summary court-martial may...
Section 33-10-70 - Commissioned officer service on courts-martial. - 33-10-70. Commissioned officer service on courts-martial. Any commissioned officer of...
Section 33-10-71 - Warrant officer service on courts-martial. - 33-10-71. Warrant officer service on courts-martial. Any warrant officer of...
Section 33-10-72 - Enlisted member service on courts-martial. - 33-10-72. Enlisted member service on courts-martial. Any enlisted member of...
Section 33-10-73 - Court-martial member to be senior to accused. - 33-10-73. Court-martial member to be senior to accused. If it...
Section 33-10-74 - Qualifications of court-martial member. - 33-10-74. Qualifications of court-martial member. If convening a court-martial, the...
Section 33-10-75 - Excuse of court-martial member from participating. - 33-10-75. Excuse of court-martial member from participating. Before a court-martial...
Section 33-10-76 - Military judge detailed to general and special court-martial. - 33-10-76. Military judge detailed to general and special court-martial. A...
Section 33-10-77 - Qualifications of military judge. - 33-10-77. Qualifications of military judge. A military judge shall be:...
Section 33-10-78 - Admission of military judge pro hac vice. - 33-10-78. Admission of military judge pro hac vice. In the...
Section 33-10-79 - Designation of military judge--Performance report prohibited. - 33-10-79. Designation of military judge--Performance report prohibited. The military judge...
Section 33-10-80 - Military judge may not be accuser, witness, investigator, or counsel. - 33-10-80. Military judge may not be accuser, witness, investigator, or...
Section 33-10-81 - Consultation with members of court. - 33-10-81. Consultation with members of court. The military judge of...
Section 33-10-82 - Detail of trial counsel and defense counsel. - 33-10-82. Detail of trial counsel and defense counsel. For each...
Section 33-10-83 - Counsel may not have been investigator, military judge, witness, court member, or opposing counsel. - 33-10-83. Counsel may not have been investigator, military judge, witness,...
Section 33-10-84 - Qualifications of counsel. - 33-10-84. Qualifications of counsel. Except as provided in §33-10-85, trial...
Section 33-10-85 - Admission of defense counsel pro hac vice--Qualifications. - 33-10-85. Admission of defense counsel pro hac vice--Qualifications. In the...
Section 33-10-86 - Detail or employment of court reporters and interpreters. - 33-10-86. Detail or employment of court reporters and interpreters. Under...
Section 33-10-87 - Absent members of court-martial. - 33-10-87. Absent members of court-martial. No member of a general...
Section 33-10-88 - Additional members of general court-martial. - 33-10-88. Additional members of general court-martial. If a general court-martial,...
Section 33-10-89 - Additional members of special court-martial. - 33-10-89. Additional members of special court-martial. If a special court-martial,...
Section 33-10-90 - Court-martial composed of military judge only--Procedure when military judge unable to proceed. - 33-10-90. Court-martial composed of military judge only--Procedure when military judge...
Section 33-10-91 - Marshal--Duties. - 33-10-91. Marshal--Duties. A military court sitting in any county shall...
Section 33-10-92 - Compensation of marshal. - 33-10-92. Compensation of marshal. Every marshal appointed to a military...
Section 33-10-93 - Malfeasance of sheriff or marshal. - 33-10-93. Malfeasance of sheriff or marshal. Refusal or neglect by...
Section 33-10-94 - Immunity of court members. - 33-10-94. Immunity of court members. No action may be maintained...
Section 33-10-95 - Charges and specifications. - 33-10-95. Charges and specifications. Charges and specifications shall be signed...
Section 33-10-96 - Compulsory self-incrimination prohibited. - 33-10-96. Compulsory self-incrimination prohibited. No person subject to this code...
Section 33-10-97 - Advice of right to remain silent. - 33-10-97. Advice of right to remain silent. No person subject...
Section 33-10-98 - Compulsory self-degradation prohibited. - 33-10-98. Compulsory self-degradation prohibited. No person subject to this code...
Section 33-10-99 - Exclusion of evidence. - 33-10-99. Exclusion of evidence. No statement obtained from any person...
Section 33-10-100 - Investigation of charges. - 33-10-100. Investigation of charges. No charge or specification may be...
Section 33-10-101 - Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony. - 33-10-101. Notice to accused of charges--Right to counsel--Examination of witnesses--Statement...
Section 33-10-102 - Demand for further investigation. - 33-10-102. Demand for further investigation. If an investigation of the...
Section 33-10-103 - Investigation of uncharged offenses. - 33-10-103. Investigation of uncharged offenses. If evidence adduced in an...
Section 33-10-104 - Nonjurisdictional error. - 33-10-104. Nonjurisdictional error. The requirements of §§33-10-100 to 33-10-103, inclusive,...
Section 33-10-105 - Forwarding of charges. - 33-10-105. Forwarding of charges. If a person is held for...
Section 33-10-106 - Advice of judge advocate regarding charge. - 33-10-106. Advice of judge advocate regarding charge. Before directing the...
Section 33-10-107 - Contents of judge advocate's statement--Reference for trial. - 33-10-107. Contents of judge advocate's statement--Reference for trial. The advice...
Section 33-10-108 - Correction of charges or specifications. - 33-10-108. Correction of charges or specifications. If the charges or...
Section 33-10-109 - Service of charges. - 33-10-109. Service of charges. The trial counsel shall serve or...
Section 33-10-110 - Promulgation of procedural rules by Governor or adjutant general. - 33-10-110. Promulgation of procedural rules by Governor or adjutant general....
Section 33-10-111 - Unlawfully influencing action of court. - 33-10-111. Unlawfully influencing action of court. No authority convening a...
Section 33-10-112 - Report of performance as court-martial member, witness, or counsel prohibited. - 33-10-112. Report of performance as court-martial member, witness, or counsel...
Section 33-10-113 - Qualifications of trial counsel--Preparation of record. - 33-10-113. Qualifications of trial counsel--Preparation of record. The trial counsel...
Section 33-10-114 - Qualifications of defense counsel--Rights of accused. - 33-10-114. Qualifications of defense counsel--Rights of accused. Qualifications of the...
Section 33-10-115 - Duties of defense counsel in court-martial proceeding resulting in conviction. - 33-10-115. Duties of defense counsel in court-martial proceeding resulting in...
Section 33-10-116 - Sessions without presence of court-martial members--Record. - 33-10-116. Sessions without presence of court-martial members--Record. At any time...
Section 33-10-117 - Presence of accused, counsel, and military judge at proceedings--Exception. - 33-10-117. Presence of accused, counsel, and military judge at proceedings--Exception....
Section 33-10-118 - Continuances. - 33-10-118. Continuances. The military judge of a court-martial or a...
Section 33-10-119 - Challenges for cause. - 33-10-119. Challenges for cause. The military judge and members of...
Section 33-10-120 - Procedure when court members reduced below minimum by challenge for cause. - 33-10-120. Procedure when court members reduced below minimum by challenge...
Section 33-10-121 - Peremptory challenges. - 33-10-121. Peremptory challenges. Each accused and the trial counsel are...
Section 33-10-122 - Procedure when court members reduced below minimum by peremptory challenge. - 33-10-122. Procedure when court members reduced below minimum by peremptory...
Section 33-10-123 - Challenges after additional members are detailed. - 33-10-123. Challenges after additional members are detailed. If any additional...
Section 33-10-124 - Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter. - 33-10-124. Oath of military judge, court-martial member, trial counsel, defense...
Section 33-10-125 - Oath of witness. - 33-10-125. Oath of witness. Each witness before a court-martial shall...
Section 33-10-126 - Statute of limitations. - 33-10-126. Statute of limitations. Except as otherwise provided in §§33-10-127...
Section 33-10-127 - Unauthorized absence excluded in computing limitation period. - 33-10-127. Unauthorized absence excluded in computing limitation period. Periods in...
Section 33-10-128 - Absence from territory excluded in computing limitation period. - 33-10-128. Absence from territory excluded in computing limitation period. Periods...
Section 33-10-129 - Limitation period during wartime. - 33-10-129. Limitation period during wartime. If the United States is...
Section 33-10-130 - Statute of limitations for new charges and specifications following dismissal for defect or insufficiency. - 33-10-130. Statute of limitations for new charges and specifications following...
Section 33-10-131 - Conditions for new charges and specifications. - 33-10-131. Conditions for new charges and specifications. The conditions referred...
Section 33-10-132 - Former jeopardy. - 33-10-132. Former jeopardy. No person may, without the person's consent,...
Section 33-10-133 - Jeopardy where accused found guilty. - 33-10-133. Jeopardy where accused found guilty. No proceeding in which...
Section 33-10-134 - Jeopardy where accused not found guilty. - 33-10-134. Jeopardy where accused not found guilty. A proceeding which,...
Section 33-10-135 - Not guilty plea. - 33-10-135. Not guilty plea. If an accused after arraignment makes...
Section 33-10-136 - Finding upon guilty plea--Withdrawal of guilty plea. - 33-10-136. Finding upon guilty plea--Withdrawal of guilty plea. With respect...
Section 33-10-137 - Opportunity to obtain witnesses and other evidence. - 33-10-137. Opportunity to obtain witnesses and other evidence. The trial...
Section 33-10-138 - Refusal to appear or testify. - 33-10-138. Refusal to appear or testify. Any person not subject...
Section 33-10-139 - Witness fees. - 33-10-139. Witness fees. The fees and mileage of witnesses shall...
Section 33-10-140 - Contempt. - 33-10-140. Contempt. A military judge or summary court-martial officer may...
Section 33-10-141 - Oral and written depositions. - 33-10-141. Oral and written depositions. At any time after charges...
Section 33-10-142 - Notice of deposition. - 33-10-142. Notice of deposition. The party at whose instance a...
Section 33-10-143 - Officers before whom deposition taken. - 33-10-143. Officers before whom deposition taken. A deposition may be...
Section 33-10-144 - Admissibility of deposition. - 33-10-144. Admissibility of deposition. A duly authenticated deposition taken upon...
Section 33-10-145 - Admissibility of records of courts of inquiry. - 33-10-145. Admissibility of records of courts of inquiry. In any...
Section 33-10-146 - Defense of lack of mental responsibility. - 33-10-146. Defense of lack of mental responsibility. It is an...
Section 33-10-147 - Burden of proof of lack of mental responsibility. - 33-10-147. Burden of proof of lack of mental responsibility. The...
Section 33-10-148 - Findings by court-martial members when lack of mental responsibility at issue. - 33-10-148. Findings by court-martial members when lack of mental responsibility...
Section 33-10-149 - Findings by military judge or summary court-martial officer when lack of mental responsibility at issue. - 33-10-149. Findings by military judge or summary court-martial officer when...
Section 33-10-150 - Conditions for finding of not guilty by reason of lack of mental responsibility. - 33-10-150. Conditions for finding of not guilty by reason of...
Section 33-10-151 - Voting by secret written ballot. - 33-10-151. Voting by secret written ballot. Voting by members of...
Section 33-10-152 - Rulings upon questions of law and interlocutory questions. - 33-10-152. Rulings upon questions of law and interlocutory questions. The...
Section 33-10-153 - Instructions. - 33-10-153. Instructions. Before a vote is taken on the findings,...
Section 33-10-154 - Findings and rulings by court-martial composed of military judge only. - 33-10-154. Findings and rulings by court-martial composed of military judge...
Section 33-10-155 - Number of votes required. - 33-10-155. Number of votes required. No person may be convicted...
Section 33-10-156 - Court to announce action. - 33-10-156. Court to announce action. A court-martial shall announce its...
Section 33-10-157 - Record of proceedings--Authentication. - 33-10-157. Record of proceedings--Authentication. Each general and special court-martial shall...
Section 33-10-158 - Contents of record. - 33-10-158. Contents of record. A complete verbatim record of the...
Section 33-10-159 - Records of summary court-martial. - 33-10-159. Records of summary court-martial. Each summary court-martial shall keep...
Section 33-10-160 - Copy of record to be given to the accused. - 33-10-160. Copy of record to be given to the accused....
Section 33-10-161 - Cruel and unusual punishments prohibited. - 33-10-161. Cruel and unusual punishments prohibited. Punishment by flogging, or...
Section 33-10-162 - Maximum sentence--Felony and misdemeanor--Noncriminal conviction. - 33-10-162. Maximum sentence--Felony and misdemeanor--Noncriminal conviction. The punishment which a...
Section 33-10-163 - Limits of punishment. - 33-10-163. Limits of punishment. The limits of punishment for violations...
Section 33-10-164 - Forfeitures. - 33-10-164. Forfeitures. If a sentence of a court-martial as lawfully...
Section 33-10-165 - Computation of period of confinement--Effective date of other sentences. - 33-10-165. Computation of period of confinement--Effective date of other sentences....
Section 33-10-166 - Deferment of sentence to confinement--Rescission. - 33-10-166. Deferment of sentence to confinement--Rescission. On application by an...
Section 33-10-167 - Deferment until after accused has been permanently released to state military forces. - 33-10-167. Deferment until after accused has been permanently released to...
Section 33-10-168 - Persons subject to deferment until permanently released to state military forces. - 33-10-168. Persons subject to deferment until permanently released to state...
Section 33-10-169 - Deferment of sentence to confinement while review pending. - 33-10-169. Deferment of sentence to confinement while review pending. In...
Section 33-10-170 - Place of confinement. - 33-10-170. Place of confinement. A sentence of confinement adjudged by...
Section 33-10-171 - Hard labor. - 33-10-171. Hard labor. The omission of hard labor as a...
Section 33-10-172 - Fees for confinement. - 33-10-172. Fees for confinement. No place of confinement may require...
Section 33-10-173 - Reduction of enlisted member pay grade. - 33-10-173. Reduction of enlisted member pay grade. A court-martial sentence...
Section 33-10-174 - Restoration of pay. - 33-10-174. Restoration of pay. If the sentence of a member...
Section 33-10-175 - Forfeiture of pay and allowances. - 33-10-175. Forfeiture of pay and allowances. A court-martial sentence described...
Section 33-10-176 - Sentences subject to forfeiture of pay and allowances. - 33-10-176. Sentences subject to forfeiture of pay and allowances. A...
Section 33-10-177 - Waiver of forfeiture of pay and allowances for dependents of accused. - 33-10-177. Waiver of forfeiture of pay and allowances for dependents...
Section 33-10-178 - Restoration of pay and allowances. - 33-10-178. Restoration of pay and allowances. If the sentence of...
Section 33-10-179 - Error of law. - 33-10-179. Error of law. A finding or sentence of a...
Section 33-10-180 - Lesser included offense. - 33-10-180. Lesser included offense. Any reviewing authority with the power...
Section 33-10-181 - Prompt report of findings and sentence to convening authority. - 33-10-181. Prompt report of findings and sentence to convening authority....
Section 33-10-182 - Submission to convening authority of matters for consideration--Time for submission. - 33-10-182. Submission to convening authority of matters for consideration--Time for...
Section 33-10-183 - Extension of time for submission. - 33-10-183. Extension of time for submission. If the accused shows...
Section 33-10-184 - Provision of record to accused. - 33-10-184. Provision of record to accused. In a summary court-martial...
Section 33-10-185 - Waiver of right to make submission. - 33-10-185. Waiver of right to make submission. The accused may...
Section 33-10-186 - Authority to modify findings and sentence. - 33-10-186. Authority to modify findings and sentence. The authority pursuant...
Section 33-10-187 - Action on sentence of court-martial. - 33-10-187. Action on sentence of court-martial. Action on the sentence...
Section 33-10-188 - Action on findings of court-martial. - 33-10-188. Action on findings of court-martial. Action on the findings...
Section 33-10-189 - Recommendation of judge advocate--Response and objection. - 33-10-189. Recommendation of judge advocate--Response and objection. Before acting pursuant...
Section 33-10-190 - Proceeding in revision or rehearing. - 33-10-190. Proceeding in revision or rehearing. The convening authority or...
Section 33-10-191 - Matters considered at proceeding in revision. - 33-10-191. Matters considered at proceeding in revision. A proceeding in...
Section 33-10-192 - Matters considered at rehearing--Dismissal without rehearing. - 33-10-192. Matters considered at rehearing--Dismissal without rehearing. A rehearing may...
Section 33-10-193 - Withdrawal of appeal. - 33-10-193. Withdrawal of appeal. In each case subject to appellate...
Section 33-10-194 - Time for withdrawal of appeal. - 33-10-194. Time for withdrawal of appeal. The accused may withdraw...
Section 33-10-195 - Appeal by the state. - 33-10-195. Appeal by the state. In a trial by court-martial...
Section 33-10-196 - Time for appeal by the state--Contents of notice of appeal. - 33-10-196. Time for appeal by the state--Contents of notice of...
Section 33-10-197 - Diligent prosecution of appeal. - 33-10-197. Diligent prosecution of appeal. An appeal pursuant to §§33-10-195...
Section 33-10-198 - State's appeal to Supreme Court limited to matters of law. - 33-10-198. State's appeal to Supreme Court limited to matters of...
Section 33-10-199 - Consideration of delay concerning issue of speedy trial. - 33-10-199. Consideration of delay concerning issue of speedy trial. Any...
Section 33-10-200 - Rehearings. - 33-10-200. Rehearings. Each rehearing under this code shall take place...
Section 33-10-201 - Review by senior force judge advocate. - 33-10-201. Review by senior force judge advocate. Each general and...
Section 33-10-202 - Circumstances under which record to be sent to adjutant general for action. - 33-10-202. Circumstances under which record to be sent to adjutant...
Section 33-10-203 - Action by adjutant general. - 33-10-203. Action by adjutant general. The adjutant general may: (1)Disapprove...
Section 33-10-204 - Dismissal when rehearing impracticable. - 33-10-204. Dismissal when rehearing impracticable. If a rehearing is ordered...
Section 33-10-205 - Action by the Governor. - 33-10-205. Action by the Governor. If the opinion of the...
Section 33-10-206 - Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty. - 33-10-206. Senior force judge advocate review of subject matter jurisdiction...
Section 33-10-207 - Action by adjutant general regarding subject matter jurisdiction. - 33-10-207. Action by adjutant general regarding subject matter jurisdiction. The...
Section 33-10-208 - Disposition of records. - 33-10-208. Disposition of records. Except as otherwise required by this...
Section 33-10-209 - Review by Supreme Court. - 33-10-209. Review by Supreme Court. Any decision of a court-martial...
Section 33-10-210 - Appellate government counsel. - 33-10-210. Appellate government counsel. The senior force judge advocate shall...
Section 33-10-211 - Right to counsel on appeal by state. - 33-10-211. Right to counsel on appeal by state. Upon an...
Section 33-10-212 - Right to counsel on appeal by accused. - 33-10-212. Right to counsel on appeal by accused. Upon the...
Section 33-10-213 - Appointment of judge advocate to represent accused. - 33-10-213. Appointment of judge advocate to represent accused. Upon the...
Section 33-10-214 - Representation by civilian appellate counsel. - 33-10-214. Representation by civilian appellate counsel. An accused may be...
Section 33-10-215 - Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn. - 33-10-215. Execution of sentence of dismissal or dishonorable or bad-conduct...
Section 33-10-216 - Execution of sentence when appeal waived or withdrawn. - 33-10-216. Execution of sentence when appeal waived or withdrawn. If...
Section 33-10-217 - Probation violation--Hearing--Representation by counsel. - 33-10-217. Probation violation--Hearing--Representation by counsel. Before the vacation of the...
Section 33-10-218 - Vacation of suspension--Execution of sentence. - 33-10-218. Vacation of suspension--Execution of sentence. The record of the...
Section 33-10-219 - Authority to vacate suspension. - 33-10-219. Authority to vacate suspension. The suspension of any other...
Section 33-10-220 - Petition for new trial. - 33-10-220. Petition for new trial. At any time within two...
Section 33-10-221 - Remission and suspension. - 33-10-221. Remission and suspension. Any authority competent to convene, for...
Section 33-10-222 - Restoration. - 33-10-222. Restoration. Pursuant to rules as may be promulgated by...
Section 33-10-223 - Substitution for dishonorable or bad-conduct discharge. - 33-10-223. Substitution for dishonorable or bad-conduct discharge. If a previously...
Section 33-10-224 - Reappointment of commissioned officer. - 33-10-224. Reappointment of commissioned officer. If a previously executed sentence...
Section 33-10-225 - Finality of proceedings, findings, and sentences. - 33-10-225. Finality of proceedings, findings, and sentences. The appellate review...
Section 33-10-226 - Leave required pending review of certain court-martial convictions. - 33-10-226. Leave required pending review of certain court-martial convictions. Pursuant...
Section 33-10-227 - Commitment of person incompetent to stand trial. - 33-10-227. Commitment of person incompetent to stand trial. In the...
Section 33-10-228 - Action in accordance with statute applicable to persons incompetent to stand trial. - 33-10-228. Action in accordance with statute applicable to persons incompetent...
Section 33-10-229 - Notice of determination that accused is competent to stand trial. - 33-10-229. Notice of determination that accused is competent to stand...
Section 33-10-230 - Action by general court-martial convening authority or attorney general. - 33-10-230. Action by general court-martial convening authority or attorney general....
Section 33-10-231 - Custody of facility director. - 33-10-231. Custody of facility director. The director of the facility...
Section 33-10-232 - References to court that ordered commitment. - 33-10-232. References to court that ordered commitment. In the application...
Section 33-10-233 - Commitment of person found not guilty by reason of lack of mental responsibility. - 33-10-233. Commitment of person found not guilty by reason of...
Section 33-10-234 - Hearing on mental condition. - 33-10-234. Hearing on mental condition. The court-martial shall conduct a...
Section 33-10-235 - Report of hearing results. - 33-10-235. Report of hearing results. A report of the results...
Section 33-10-236 - Action when release would create substantial risk of injury or serious property damage. - 33-10-236. Action when release would create substantial risk of injury...
Section 33-10-237 - Statute applicable to hospitalized person. - 33-10-237. Statute applicable to hospitalized person. The state statute applicable...
Section 33-10-238 - Application of statute comparable to 18 U.S.C. 4247(d). - 33-10-238.Application of statute comparable to 18 U.S. C. 4247(d). Except...
Section 33-10-239 - Application of statute comparable to 18 U.S.C. § 4241 et seq.--Change of status. - 33-10-239.Application of statute comparable to 18 U.S. C. §4241 et...
Section 33-10-240 - Principal defined. - 33-10-240. Principal defined. Any person subject to this code who:...
Section 33-10-241 - Accessory after the fact. - 33-10-241. Accessory after the fact. Any person subject to this...
Section 33-10-242 - Included offense--Attempted offense. - 33-10-242. Included offense--Attempted offense. An accused may be found guilty...
Section 33-10-243 - Attempt defined. - 33-10-243. Attempt defined. An act, done with specific intent to...
Section 33-10-244 - Attempt to commit offense subject to punishment. - 33-10-244. Attempt to commit offense subject to punishment. Any person...
Section 33-10-245 - Conviction of attempt for consummated offense. - 33-10-245. Conviction of attempt for consummated offense. Any person subject...
Section 33-10-246 - Conspiracy. - 33-10-246. Conspiracy. Any person subject to this code who conspires...
Section 33-10-247 - Solicitation to desert or mutiny. - 33-10-247. Solicitation to desert or mutiny. Any person subject to...
Section 33-10-248 - Solicitation to commit misbehavior before the enemy or sedition. - 33-10-248. Solicitation to commit misbehavior before the enemy or sedition....
Section 33-10-249 - Fraudulent enlistment, appointment, or separation. - 33-10-249. Fraudulent enlistment, appointment, or separation. Any person who: (1)Procures...
Section 33-10-250 - Unlawful enlistment, appointment, or separation. - 33-10-250. Unlawful enlistment, appointment, or separation. Any person subject to...
Section 33-10-251 - Desertion. - 33-10-251. Desertion. Any member of the state military forces who:...
Section 33-10-252 - Desertion by commissioned officer. - 33-10-252. Desertion by commissioned officer. Any commissioned officer of the...
Section 33-10-253 - Punishment for desertion. - 33-10-253. Punishment for desertion. Any person found guilty of desertion...
Section 33-10-254 - Absence without leave. - 33-10-254. Absence without leave. Any person subject to this code...
Section 33-10-255 - Missing movement. - 33-10-255. Missing movement. Any person subject to this code who...
Section 33-10-256 - Contempt toward officials. - 33-10-256. Contempt toward officials. Any commissioned officer who uses contemptuous...
Section 33-10-257 - Disrespect toward superior commissioned officer. - 33-10-257. Disrespect toward superior commissioned officer. Any person subject to...
Section 33-10-258 - Assaulting or willfully disobeying superior commissioned officer. - 33-10-258. Assaulting or willfully disobeying superior commissioned officer. Any person...
Section 33-10-259 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. - 33-10-259. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty...
Section 33-10-260 - Failure to obey order or regulation. - 33-10-260. Failure to obey order or regulation. Any person subject...
Section 33-10-261 - Cruelty and maltreatment. - 33-10-261. Cruelty and maltreatment. Any person subject to this code...
Section 33-10-262 - Mutiny--Sedition--Failure to suppress or report. - 33-10-262. Mutiny--Sedition--Failure to suppress or report. Any person subject to...
Section 33-10-263 - Punishment for mutiny or sedition. - 33-10-263. Punishment for mutiny or sedition. A person who is...
Section 33-10-264 - Resistance--Flight--Breach of arrest--Escape. - 33-10-264. Resistance--Flight--Breach of arrest--Escape. Any person subject to this code...
Section 33-10-265 - Releasing prisoner without proper authority. - 33-10-265. Releasing prisoner without proper authority. Any person subject to...
Section 33-10-266 - Unlawful detention. - 33-10-266. Unlawful detention. Any person subject to this code who,...
Section 33-10-267 - Noncompliance with procedural rules. - 33-10-267. Noncompliance with procedural rules. Any person subject to this...
Section 33-10-268 - Misbehavior before the enemy. - 33-10-268. Misbehavior before the enemy. Any person subject to this...
Section 33-10-269 - Subordinate compelling surrender. - 33-10-269. Subordinate compelling surrender. Any person subject to this code...
Section 33-10-270 - Improper use of countersign. - 33-10-270. Improper use of countersign. Any person subject to this...
Section 33-10-271 - Captured or abandoned property--Securing and turning over. - 33-10-271. Captured or abandoned property--Securing and turning over. Each person...
Section 33-10-272 - Captured or abandoned property--Offenses. - 33-10-272. Captured or abandoned property--Offenses. Any person subject to this...
Section 33-10-273 - Aiding the enemy. - 33-10-273. Aiding the enemy. Any person subject to this code...
Section 33-10-274 - Misconduct as prisoner. - 33-10-274. Misconduct as prisoner. Any person subject to this code...
Section 33-10-275 - False official statements. - 33-10-275. False official statements. Any person subject to this code...
Section 33-10-276 - Military property--Loss, damage, destruction, or wrongful disposition. - 33-10-276. Military property--Loss, damage, destruction, or wrongful disposition. Any person...
Section 33-10-277 - Property other than military property--Waste, spoilage, or destruction. - 33-10-277. Property other than military property--Waste, spoilage, or destruction. Any...
Section 33-10-278 - Willful hazarding of vessel. - 33-10-278. Willful hazarding of vessel. Any person subject to this...
Section 33-10-279 - Negligent hazarding of vessel. - 33-10-279. Negligent hazarding of vessel. Any person subject to this...
Section 33-10-280 - Drunk on duty. - 33-10-280. Drunk on duty. Any person subject to this code...
Section 33-10-281 - Wrongful use, possession, or distribution of controlled substances. - 33-10-281. Wrongful use, possession, or distribution of controlled substances. Any...
Section 33-10-282 - Controlled substances defined. - 33-10-282. Controlled substances defined. The substances referred to in §33-10-281...
Section 33-10-283 - Misbehavior of sentinel. - 33-10-283. Misbehavior of sentinel. Any sentinel or look-out who is...
Section 33-10-284 - Malingering. - 33-10-284. Malingering. Any person subject to this code who for...
Section 33-10-285 - Riot or breach of peace. - 33-10-285. Riot or breach of peace. Any person subject to...
Section 33-10-286 - Provoking speeches or gestures. - 33-10-286. Provoking speeches or gestures. Any person subject to this...
Section 33-10-287 - Frauds against the government. - 33-10-287. Frauds against the government. Any person subject to this...
Section 33-10-288 - Conduct unbecoming an officer. - 33-10-288. Conduct unbecoming an officer. Any commissioned officer, cadet, candidate,...
Section 33-10-289 - Disorder and neglect--Conduct discrediting state military forces. - 33-10-289. Disorder and neglect--Conduct discrediting state military forces. Though not...
Section 33-10-290 - Court of inquiry convened for investigation. - 33-10-290. Court of inquiry convened for investigation. Courts of inquiry...
Section 33-10-291 - Members of court--Counsel. - 33-10-291. Members of court--Counsel. A court of inquiry consists of...
Section 33-10-292 - Parties. - 33-10-292. Parties. Any person subject to this code whose conduct...
Section 33-10-293 - Challenge to court members. - 33-10-293. Challenge to court members. Members of a court of...
Section 33-10-294 - Oaths. - 33-10-294. Oaths. The members, counsel, the reporter, and interpreters of...
Section 33-10-295 - Witnesses. - 33-10-295. Witnesses. Witnesses may be summoned to appear and testify...
Section 33-10-296 - Findings--Opinions. - 33-10-296. Findings--Opinions. Courts of inquiry shall make findings of fact...
Section 33-10-297 - Record of proceedings. - 33-10-297. Record of proceedings. Each court of inquiry shall keep...
Section 33-10-298 - Administration of oaths for purposes of military administration. - 33-10-298. Administration of oaths for purposes of military administration. The...
Section 33-10-299 - Administration of oaths necessary in performance of duties. - 33-10-299. Administration of oaths necessary in performance of duties. The...
Section 33-10-300 - Prima facie evidence of authority to administer oath. - 33-10-300. Prima facie evidence of authority to administer oath. For...
Section 33-10-301 - Complaint of wrong. - 33-10-301. Complaint of wrong. Any member of the state military...
Section 33-10-302 - Delegation by Governor. - 33-10-302. Delegation by Governor. The Governor may delegate any authority...
Section 33-10-303 - Payment of fees, costs, and expenses. - 33-10-303. Payment of fees, costs, and expenses. The fees and...
Section 33-10-304 - Military justice fund. - 33-10-304. Military justice fund. For the purposes of §33-10-303, there...
Section 33-10-305 - Payment of fines--Disposition. - 33-10-305. Payment of fines--Disposition. Fines imposed by a military court...
Section 33-10-306 - Uniformity of interpretation. - 33-10-306. Uniformity of interpretation. This code shall be so construed...
Section 33-10-307 - Immunity for action of military courts. - 33-10-307. Immunity for action of military courts. Any person acting...
Section 33-10-308 - Short title. - 33-10-308. Short title. This chapter may be cited as the...
Chapter 11 - National Guard Armories And Facilities
Section 33-11-1 - Armories and other facilities authorized--Authority of commanding officer--Expenses. - 33-11-1. Armories and other facilities authorized--Authority of commanding officer--Expenses. The...
Section 33-11-2 - Provision of armories and other facilities--Authorized uses. - 33-11-2. Provision of armories and other facilities--Authorized uses. The Department...
Section 33-11-3 - Cooperative agreements with other public agencies. - 33-11-3. Cooperative agreements with other public agencies. The State of...
Section 33-11-4 - Use of buildings in cooperation with public agencies. - 33-11-4. Use of buildings in cooperation with public agencies. The...
Section 33-11-5 - National guard and federal reserve use. - 33-11-5. National guard and federal reserve use. Agreements for the...
Section 33-11-6 - Donations to aid in providing facilities. - 33-11-6. Donations to aid in providing facilities. The Department of...
Section 33-11-7 - Donations by local authorities authorized--Tax levy--Vote of electors--Matching state funds. - 33-11-7. Donations by local authorities authorized--Tax levy--Vote of electors--Matching state...
Section 33-11-8 - Erection of armory on donated land. - 33-11-8. Erection of armory on donated land. The Department of...
Section 33-11-9 - Control of armory by Department of the Military. - 33-11-9. Control of armory by Department of the Military. The...
Section 33-11-10 - Rules for management of armory. - 33-11-10. Rules for management of armory. The Board of Military...
Section 33-11-11 - Intoxicating beverages prohibited--Exceptions authorized. - 33-11-11. Intoxicating beverages prohibited--Exceptions authorized. The commanding officer at any...
Section 33-11-12 - Welfare and revenue producing activities . - 33-11-12. Welfare and revenue producing activities. The adjutant general under...
Section 33-11-13 - Donation of armory at Sisseton. - 33-11-13. Donation of armory at Sisseton. The Department of the...
Section 33-11-14 - Description of land purchase in Sturgis. - 33-11-14. Description of land purchase in Sturgis. The Department of...
Section 33-11-15 - Terms of purchase of land in Sturgis. - 33-11-15. Terms of purchase of land in Sturgis. The Department...
Chapter 11A - National Guard Museum
Section 33-11A-1 - National guard museum and state weapons collection authorized. - 33-11A-1.National guard museum and state weapons collection authorized. To accomplish...
Section 33-11A-2 - Armory or other facility--Use for museum. - 33-11A-2. Armory or other facility--Use for museum. An armory or...
Section 33-11A-3 - Museum board--Appointment by adjutant general. - 33-11A-3. Museum board--Appointment by adjutant general. The adjutant general may...
Section 33-11A-4 - Donations of funds or property--Authority of museum board. - 33-11A-4. Donations of funds or property--Authority of museum board. The...
Section 33-11A-5 - Donations become state property. - 33-11A-5. Donations become state property. All property donated to the...
Section 33-11A-6 - Firearms deposited by law enforcement agencies. - 33-11A-6. Firearms deposited by law enforcement agencies. Any law enforcement...
Section 33-11A-7 - Trust account--Expenses to be paid. - 33-11A-7. Trust account--Expenses to be paid. All amounts deposited in...
Chapter 12 - Military Equipment, Supplies And Funds
Section 33-12-1 - Adjutant general as quartermaster general--Location of office--Expenses. - 33-12-1. Adjutant general as quartermaster general--Location of office--Expenses. The adjutant...
Section 33-12-2 - Quartermaster general authorized to require assistant to give bond. - 33-12-2. Quartermaster general authorized to require assistant to give bond....
Section 33-12-3 - Duties of quartermaster general. - 33-12-3. Duties of quartermaster general. The quartermaster general shall attend...
Section 33-12-4 - Custody of flags. - 33-12-4. Custody of flags. The adjutant general is the custodian...
Section 33-12-5 - Responsibility for equipment--Property of United States. - 33-12-5. Responsibility for equipment--Property of United States. The adjutant general...
Section 33-12-6 - Issuance of military property to authorized persons or organizations. - 33-12-6. Issuance of military property to authorized persons or organizations....
Section 33-12-7 - Return of United States property to be replaced with new property--Return of surplus property. - 33-12-7. Return of United States property to be replaced with...
Section 33-12-8 - Disposition of unsuitable property--Public auction or private sale--Procedure--Accounting. - 33-12-8. Disposition of unsuitable property--Public auction or private sale--Procedure--Accounting. Any...
Section 33-12-9 - Commanding officer as legal custodian of property--Authorization to sue for recovery. - 33-12-9. Commanding officer as legal custodian of property--Authorization to sue...
Section 33-12-10 - Periodic return of custodial property. - 33-12-10. Periodic return of custodial property. Every officer or other...
Section 33-12-11 - Resignation, reassignment, dismissal, or discharge of custodial officer. - 33-12-11. Resignation, reassignment, dismissal, or discharge of custodial officer. If...
Section 33-12-12 - Death of custodial officer. - 33-12-12. Death of custodial officer. In case of the death...
Section 33-12-16 - Inspection of issued supplies--Repairs and replacements. - 33-12-16. Inspection of issued supplies--Repairs and replacements. All military supplies...
Section 33-12-17 - Trafficking in property prohibited--Seizure from unauthorized person. - 33-12-17. Trafficking in property prohibited--Seizure from unauthorized person. The clothing,...
Section 33-12-18 - Report by disinterested officer respecting missing or destroyed property--Assessment of reasonable value and payment--Suit for recovery. - 33-12-18. Report by disinterested officer respecting missing or destroyed property--Assessment...
Section 33-12-19 - Board of survey respecting property losses--Notice and hearing--Appraisal and report--Payment for property--Disposition of funds. - 33-12-19. Board of survey respecting property losses--Notice and hearing--Appraisal and...
Section 33-12-20 - Suit for missing or destroyed property--Absence of fault--Release from liability. - 33-12-20. Suit for missing or destroyed property--Absence of fault--Release from...
Section 33-12-21 - Exemption of property from taxation. - 33-12-21. Exemption of property from taxation. All property belonging to...
Section 33-12-23 - Unauthorized entry to remove military property--Felony. - 33-12-23. Unauthorized entry to remove military property--Felony. Any unauthorized person...
Section 33-12-24 - Adjutant general as proper party to incur expenses. - 33-12-24. Adjutant general as proper party to incur expenses. No...
Section 33-12-25 - Accounting of expenditures--Approval of adjutant general--Payment. - 33-12-25. Accounting of expenditures--Approval of adjutant general--Payment. The adjutant general...
Section 33-12-26 - Accounting of expenses including pay, subsistence, and transportation--Audit and payment. - 33-12-26. Accounting of expenses including pay, subsistence, and transportation--Audit and...
Section 33-12-27 - Military claims--Audit by adjutant general--Authorization of subordinate officers to purchase necessities--Statement to adjutant general. - 33-12-27. Military claims--Audit by adjutant general--Authorization of subordinate officers to...
Section 33-12-28 - Contracts governed by public agency procurement law--Exception for emergencies. - 33-12-28. Contracts governed by public agency procurement law--Exception for emergencies....
Section 33-12-29 - General militia fund--Expenditure procedure. - 33-12-29. General militia fund--Expenditure procedure. Funds appropriated by the Legislature...
Section 33-12-30 - Special militia fund--Sources of funds. - 33-12-30. Special militia fund--Sources of funds. All funds derived from...
Section 33-12-31 - Expenditures from special militia fund--Procedure--Claims payable. - 33-12-31. Expenditures from special militia fund--Procedure--Claims payable. The special militia...
Section 33-12-32 - Use of special militia fund--Appropriation. - 33-12-32. Use of special militia fund--Appropriation. The special militia fund,...
Section 33-12-33 - Disposition of rent authorized for armory. - 33-12-33. Disposition of rent authorized for armory. If any organization...
Chapter 13 - National Guard Technicians' Retirement Contributions
Section 33-13-7 - Withholding and payment of employee contributions. - 33-13-7. Withholding and payment of employee contributions. Any civilian technician...
Section 33-13-8 - State sponsorship--Expenditure of state funds prohibited. - 33-13-8. State sponsorship--Expenditure of state funds prohibited. Any payment made...
Chapter 14 - South Dakota State Guard
Section 33-14-1 - Authorization to organize and maintain South Dakota State Guard distinct from National Guard. - 33-14-1. Authorization to organize and maintain South Dakota State Guard...
Section 33-14-2 - Promulgation of rules by department. - 33-14-2. Promulgation of rules by department. The Department of the...
Section 33-14-3 - Requisition of arms and equipment from Department of Army--Availability of armories and equipment. - 33-14-3. Requisition of arms and equipment from Department of Army--Availability...
Section 33-14-4 - Appropriations to National Guard. - 33-14-4. Appropriations to National Guard. All appropriations made to the...
Section 33-14-5 - Composition of state guard--Uniform. - 33-14-5. Composition of state guard--Uniform. The South Dakota State Guard...
Section 33-14-6 - Out-of-state service not required. - 33-14-6. Out-of-state service not required. The South Dakota State Guard...
Section 33-14-7 - Fresh pursuit of offender beyond state border--Conditions. - 33-14-7. Fresh pursuit of offender beyond state border--Conditions. Any organization,...
Section 33-14-8 - Private organizations prohibited from enlisting as unit. - 33-14-8. Private organizations prohibited from enlisting as unit. No civil...
Section 33-14-9 - Qualifications of members--Citizenship--Previous expulsion from military service. - 33-14-9. Qualifications of members--Citizenship--Previous expulsion from military service. No person...
Section 33-14-10 - Oath for officers. - 33-14-10. Oath for officers. The oath to be taken by...
Section 33-14-11 - Term of enlistment--Renewal--Oath for enlisted members. - 33-14-11. Term of enlistment--Renewal--Oath for enlisted members. No person may...
Section 33-14-12 - Members to serve without pay except on active duty--Rate of pay. - 33-14-12. Members to serve without pay except on active duty--Rate...
Section 33-14-13 - National guard laws as governing state guard. - 33-14-13. National guard laws as governing state guard. The South...
Section 33-14-14 - Uniform State Code of Military Justice applicable. - 33-14-14. Uniform State Code of Military Justice applicable. If the...
Section 33-14-15 - Draft into federal service not authorized--Members not exempt from draft. - 33-14-15. Draft into federal service not authorized--Members not exempt from...
Section 33-14-16 - Immunity from arrest while performing military duties--Exceptions--Exemption from other public duties. - 33-14-16. Immunity from arrest while performing military duties--Exceptions--Exemption from other...
Section 33-14-17 - Citation of chapter. - 33-14-17. Citation of chapter. This chapter may be cited as...
Chapter 21 - Civil Air Patrol
Section 33-21-1 - Creation of Civil Air Patrol--Commanding officer. - 33-21-1. Creation of Civil Air Patrol--Commanding officer. There is hereby...
Section 33-21-2 - Purposes of Civil Air Patrol--Cooperation with federal government. - 33-21-2. Purposes of Civil Air Patrol--Cooperation with federal government. The...
Section 33-21-3 - Patrol continued within Department of the Military--Records and reports. - 33-21-3. Patrol continued within Department of the Military--Records and reports....