39A-5-109. Fraudulently obtained discharge — Desertion — Limitations — Tolling of time limits.
| (1) |
An individual discharged from the National Guard who is later charged with having fraudulently obtained the discharge is subject to trial by a military court on that charge. |
Terms Used In Utah Code 39A-5-109
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
| (2) |
After apprehension, the individual is subject to this chapter while in military custody for trial. Upon conviction of the charge the individual is subject to trial for all offenses under this chapter committed prior to the fraudulent discharge. |
| (3) |
An individual who has deserted from a military unit, which would subject the individual to the jurisdiction of this chapter, is not relieved from the jurisdiction of this chapter due to a separation from any later period of service. |
| (4) |
An individual charged with desertion or absence without leave shall be tried and punished within four years after the preferral of charges. |
| (5) |
Except under Subsection (4), an individual charged with any offense may not be tried by a military court or punished under Section 39A-5-303 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising jurisdiction as a military court convening authority. |
| (6) |
Periods when the accused was outside the state‘s jurisdiction or in the custody of civilian authorities are excluded in computing limitations of time under this section. |
Renumbered and Amended by Chapter 373, 2022 General Session
