South Dakota Codified Laws
Title 33 - Military Affairs
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...

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South Dakota Codified Laws Title 33 - Military Affairs Chapter 10 - Uniform State Code Of Military Justice

South Dakota Codified Laws
Title 33 - Military Affairs
Chapter 10 - Uniform State Code Of Military Justice