(a) The punishment directed by a court-martial for an offense shall not exceed limits as prescribed by the governor or adjutant general for that offense; provided that in no instance shall a sentence exceed more than ten years confinement. A conviction by general court-martial of any offense for which an accused may receive a sentence of confinement for more than one year is a felony offense. Except for convictions by a summary court-martial, all other offenses are misdemeanors. Any conviction by a summary court-martial shall not be a criminal conviction.
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Terms Used In Hawaii Revised Statutes 124B-92

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

    (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
    (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
    (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
(b) Except as provided in section 124B-80(a), punishment for the following offenses shall include dismissal or dishonorable discharge, as applicable:

(1) Sexual assault in the first degree under § 707-730;
(2) Continuous sexual assault of a minor under the age of fourteen years under section 707-733.6;
(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under section 124B-134; or
(4) Conspiracy to commit an offense specified in paragraph (1) or (2) that is punishable under section 124B-135.
(c) In sentencing an accused under section 124B-79, a court-martial shall impose punishment that is sufficient but not greater than necessary to promote justice and to maintain good order and discipline in the state military forces, taking into consideration:

(1) The nature and circumstances of the offense and the history and characteristics of the accused;
(2) The impact of the offense on:

(A) The financial, social, psychological, or medical well-being of any victim of the offense; and
(B) The mission, discipline, or efficiency of the command of the accused and any victim of the offense;
(3) The need for the sentence to:

(A) Reflect the seriousness of the offense;
(B) Promote respect for the law;
(C) Provide just punishment for the offense;
(D) Promote adequate deterrence of misconduct;
(E) Protect others from further crimes by the accused;
(F) Rehabilitate the accused; and
(G) Provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service; and
(4) The sentences available under this chapter.
(d) In announcing the sentence in a general or special court-martial in which the accused is sentenced by military judge alone under section 124B-79, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.
(e) In a general or special court-martial in which the accused has elected sentencing by members, the court-martial shall announce a single sentence for all of the offenses of which the accused was found guilty.
(f) With the approval of the senior force judge advocate concerned, and consistent with standards and procedures set forth in rules adopted by the governor or adjutant general, the State may appeal a sentence to the intermediate appellate court of the State on the grounds that:

(1) The sentence violates the law; or
(2) The sentence is plainly unreasonable as determined in accordance with standards and procedures adopted by the governor or adjutant general.
(g) An appeal under subsection (f) shall be filed within sixty days after the date on which the judgment of a court-martial is entered into the record under section 124B-105.

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