N.Y. Military Law 130.5 – Territorial applicability of the code
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§ 130.5. Territorial applicability of the code. (a) This code shall be applicable in all places within the state. It shall also apply to all persons subject to this code while serving without the state and while going to and returning from such service without the state in like manner and to the same extent as while such persons are serving within the state.
Terms Used In N.Y. Military Law 130.5
- 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.
- Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
(2) "Officer" means a commissioned officer including a commissioned warrant officer;
(3) "Superior officer" means an officer superior in rank or command;
(4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
(5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
(6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
(7) "Military court" means a court-martial, a court of inquiry, a provost court;
(8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
(b) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while serving without the state with the same jurisdiction and powers as if held within the state and offenses committed without the state may be tried and punished either without the state or within the state.