(1) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to KRS § 35.215, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge.
(2) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service.

Terms Used In Kentucky Statutes 35.020

  • Code: means this chapter. See Kentucky Statutes 35.010
  • 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: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 8, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 3. — Created 1954 Ky. Acts ch. 99, sec. 3, effective July 1,
1954.

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