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§ 33-10-20 |
Definitions |
§ 33-10-21 |
Persons subject to this code |
§ 33-10-22 |
Subject matter jurisdiction–Primary jurisdiction |
§ 33-10-23 |
Jurisdiction over persons charged with fraudulent discharge |
§ 33-10-24 |
Jurisdiction over deserters |
§ 33-10-25 |
Applicability to persons in duty status or where nexus exists between offense and state military functions–Civilian jurisdiction |
§ 33-10-26 |
Extraterritorial jurisdiction |
§ 33-10-27 |
Judge advocate supervision |
§ 33-10-28 |
Communication with judge advocates |
§ 33-10-29 |
Judge advocate to reviewing authority |
§ 33-10-30 |
Apprehension defined |
§ 33-10-31 |
Persons authorized to apprehend upon probable cause |
§ 33-10-32 |
Quelling of or apprehension for quarrels, frays, and disorders |
§ 33-10-33 |
Extradition |
§ 33-10-34 |
Fees for apprehension |
§ 33-10-35 |
Arrest and confinement defined |
§ 33-10-36 |
Arrest or confinement of enlisted member |
§ 33-10-37 |
Arrest or confinement of commissioned officer, warrant officer, or civilian |
§ 33-10-38 |
Probable cause to arrest or confine |
§ 33-10-39 |
Custody before notification of proper authority |
§ 33-10-40 |
Notice of offense–Diligent steps for trial or dismissal |
§ 33-10-41 |
Place of confinement |
§ 33-10-42 |
Receiving of prisoners |
§ 33-10-43 |
Reports of prisoners |
§ 33-10-44 |
Confinement with enemy prisoners prohibited |
§ 33-10-45 |
Punishment prohibited before trial |
§ 33-10-46 |
Delivery of offenders to civil authorities |
§ 33-10-47 |
Completion of sentence of court martial upon return from civil authority |
§ 33-10-48 |
Failure of enlisted member to report for duty–Arrest–Fees–Promulgation of rules |
§ 33-10-49 |
Arrest or confinement for disobedience or disruption–Trespassers |
§ 33-10-50 |
Commanding officer’s non-judicial punishment |
§ 33-10-51 |
Forms of punishment by any commanding officer |
§ 33-10-52 |
Forms of punishment by major, lieutenant commander, or above |
§ 33-10-53 |
Forms of punishment by Governor, adjutant general, or certain other officers |
§ 33-10-54 |
Duration of consecutive punishments |
§ 33-10-55 |
Arrest in quarters or restriction–Notice regarding right to trial by court-martial |
§ 33-10-56 |
Suspension or mitigation of punishment |
§ 33-10-57 |
Appeal |
§ 33-10-58 |
Punishment not a bar to trial by court-martial or civilian court–Consideration of disciplinary punishment |
§ 33-10-59 |
Forfeiture of pay |
§ 33-10-60 |
Promulgation of rules regarding records |
§ 33-10-61 |
Courts-martial classified |
§ 33-10-62 |
Jurisdiction of courts-martial in general |
§ 33-10-63 |
Jurisdiction of general courts-martial |
§ 33-10-64 |
Jurisdiction of special courts-martial |
§ 33-10-65 |
Jurisdiction of summary courts-martial |
§ 33-10-66 |
Objection to trial by summary courts-martial |
§ 33-10-67 |
Who may convene general courts-martial |
§ 33-10-68 |
Who may convene special courts-martial |
§ 33-10-69 |
Who may convene summary courts-martial |
§ 33-10-70 |
Commissioned officer service on courts-martial |
§ 33-10-71 |
Warrant officer service on courts-martial |
§ 33-10-72 |
Enlisted member service on courts-martial |
§ 33-10-73 |
Court-martial member to be senior to accused |
§ 33-10-74 |
Qualifications of court-martial member |
§ 33-10-75 |
Excuse of court-martial member from participating |
§ 33-10-76 |
Military judge detailed to general and special court-martial |
§ 33-10-77 |
Qualifications of military judge |
§ 33-10-78 |
Admission of military judge pro hac vice |
§ 33-10-79 |
Designation of military judge–Performance report prohibited |
§ 33-10-80 |
Military judge may not be accuser, witness, investigator, or counsel |
§ 33-10-81 |
Consultation with members of court |
§ 33-10-82 |
Detail of trial counsel and defense counsel |
§ 33-10-83 |
Counsel may not have been investigator, military judge, witness, court member, or opposing counsel |
§ 33-10-84 |
Qualifications of counsel |
§ 33-10-85 |
Admission of defense counsel pro hac vice–Qualifications |
§ 33-10-86 |
Detail or employment of court reporters and interpreters–Promulgation of rules |
§ 33-10-87 |
Absent members of court-martial |
§ 33-10-88 |
Additional members of general court-martial |
§ 33-10-89 |
Additional members of special court-martial |
§ 33-10-90 |
Court-martial composed of military judge only–Procedure when military judge unable to proceed |
§ 33-10-91 |
Marshal–Duties |
§ 33-10-92 |
Compensation of marshal |
§ 33-10-93 |
Malfeasance of sheriff or marshal |
§ 33-10-94 |
Immunity of court members |
§ 33-10-95 |
Charges and specifications |
§ 33-10-96 |
Compulsory self-incrimination prohibited |
§ 33-10-97 |
Advice of right to remain silent |
§ 33-10-98 |
Compulsory self-degradation prohibited |
§ 33-10-99 |
Exclusion of evidence |
§ 33-10-100 |
Investigation of charges |
§ 33-10-101 |
Notice to accused of charges–Right to counsel–Examination of witnesses–Statement of testimony |
§ 33-10-102 |
Demand for further investigation |
§ 33-10-103 |
Investigation of uncharged offenses |
§ 33-10-104 |
Nonjurisdictional error |
§ 33-10-105 |
Forwarding of charges |
§ 33-10-106 |
Advice of judge advocate regarding charge |
§ 33-10-107 |
Contents of judge advocate’s statement–Reference for trial |
§ 33-10-108 |
Correction of charges or specifications |
§ 33-10-109 |
Service of charges |
§ 33-10-110 |
Promulgation of procedural rules by Governor or adjutant general |
§ 33-10-111 |
Unlawfully influencing action of court |
§ 33-10-112 |
Report of performance as court-martial member, witness, or counsel prohibited |
§ 33-10-113 |
Qualifications of trial counsel–Preparation of record |
§ 33-10-114 |
Qualifications of defense counsel–Rights of accused |
§ 33-10-115 |
Duties of defense counsel in court-martial proceeding resulting in conviction |
§ 33-10-116 |
Sessions without presence of court-martial members–Record |
§ 33-10-117 |
Presence of accused, counsel, and military judge at proceedings–Exception |
§ 33-10-118 |
Continuances |
§ 33-10-119 |
Challenges for cause |
§ 33-10-120 |
Procedure when court members reduced below minimum by challenge for cause |
§ 33-10-121 |
Peremptory challenges |
§ 33-10-122 |
Procedure when court members reduced below minimum by peremptory challenge |
§ 33-10-123 |
Challenges after additional members are detailed |
§ 33-10-124 |
Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter |
§ 33-10-125 |
Oath of witness |
§ 33-10-126 |
Statute of limitations |
§ 33-10-127 |
Unauthorized absence excluded in computing limitation period |
§ 33-10-128 |
Absence from territory excluded in computing limitation period |
§ 33-10-129 |
Limitation period during wartime |
§ 33-10-130 |
Statute of limitations for new charges and specifications following dismissal for defect or insufficiency |
§ 33-10-131 |
Conditions for new charges and specifications |
§ 33-10-132 |
Former jeopardy |
§ 33-10-133 |
Jeopardy where accused found guilty |
§ 33-10-134 |
Jeopardy where accused not found guilty |
§ 33-10-135 |
Not guilty plea |
§ 33-10-136 |
Finding upon guilty plea–Withdrawal of guilty plea |
§ 33-10-137 |
Opportunity to obtain witnesses and other evidence |
§ 33-10-138 |
Refusal to appear or testify |
§ 33-10-139 |
Witness fees |
§ 33-10-140 |
Contempt |
§ 33-10-141 |
Oral and written depositions |
§ 33-10-142 |
Notice of deposition |
§ 33-10-143 |
Officers before whom deposition taken |
§ 33-10-144 |
Admissibility of deposition |
§ 33-10-145 |
Admissibility of records of courts of inquiry |
§ 33-10-146 |
Defense of lack of mental responsibility |
§ 33-10-147 |
Burden of proof of lack of mental responsibility |
§ 33-10-148 |
Findings by court-martial members when lack of mental responsibility at issue |
§ 33-10-149 |
Findings by military judge or summary court-martial officer when lack of mental responsibility at issue |
§ 33-10-150 |
Conditions for finding of not guilty by reason of lack of mental responsibility |
§ 33-10-151 |
Voting by secret written ballot |
§ 33-10-152 |
Rulings upon questions of law and interlocutory questions |
§ 33-10-153 |
Instructions |
§ 33-10-154 |
Findings and rulings by court-martial composed of military judge only |
§ 33-10-155 |
Number of votes required |
§ 33-10-156 |
Court to announce action |
§ 33-10-157 |
Record of proceedings–Authentication |
§ 33-10-158 |
Contents of record–Promulgation of rules |
§ 33-10-159 |
Records of summary court-martial–Promulgation of rules |
§ 33-10-160 |
Copy of record to be given to the accused |
§ 33-10-161 |
Cruel and unusual punishments prohibited |
§ 33-10-162 |
Maximum sentence–Felony and misdemeanor–Noncriminal conviction |
§ 33-10-163 |
Limits of punishment |
§ 33-10-164 |
Forfeitures |
§ 33-10-165 |
Computation of period of confinement–Effective date of other sentences |
§ 33-10-166 |
Deferment of sentence to confinement–Rescission |
§ 33-10-167 |
Deferment until after accused has been permanently released to state military forces |
§ 33-10-168 |
Persons subject to deferment until permanently released to state military forces |
§ 33-10-169 |
Deferment of sentence to confinement while review pending |
§ 33-10-170 |
Place of confinement |
§ 33-10-171 |
Hard labor |
§ 33-10-172 |
Fees for confinement |
§ 33-10-173 |
Reduction of enlisted member pay grade |
§ 33-10-174 |
Restoration of pay |
§ 33-10-175 |
Forfeiture of pay and allowances |
§ 33-10-176 |
Sentences subject to forfeiture of pay and allowances |
§ 33-10-177 |
Waiver of forfeiture of pay and allowances for dependents of accused |
§ 33-10-178 |
Restoration of pay and allowances |
§ 33-10-179 |
Error of law |
§ 33-10-180 |
Lesser included offense |
§ 33-10-181 |
Prompt report of findings and sentence to convening authority |
§ 33-10-182 |
Submission to convening authority of matters for consideration–Time for submission |
§ 33-10-183 |
Extension of time for submission |
§ 33-10-184 |
Provision of record to accused |
§ 33-10-185 |
Waiver of right to make submission |
§ 33-10-186 |
Authority to modify findings and sentence |
§ 33-10-187 |
Action on sentence of court-martial |
§ 33-10-188 |
Action on findings of court-martial |
§ 33-10-189 |
Recommendation of judge advocate–Promulgation of rules–Response and objection |
§ 33-10-190 |
Proceeding in revision or rehearing |
§ 33-10-191 |
Matters considered at proceeding in revision |
§ 33-10-192 |
Matters considered at rehearing–Dismissal without rehearing |
§ 33-10-193 |
Withdrawal of appeal |
§ 33-10-194 |
Time for withdrawal of appeal |
§ 33-10-195 |
Appeal by the state |
§ 33-10-196 |
Time for appeal by the state–Contents of notice of appeal |
§ 33-10-197 |
Diligent prosecution of appeal |
§ 33-10-198 |
State’s appeal to Supreme Court limited to matters of law |
§ 33-10-199 |
Consideration of delay concerning issue of speedy trial |
§ 33-10-200 |
Rehearings |
§ 33-10-201 |
Review by senior force judge advocate |
§ 33-10-202 |
Adjutant General action–Promulgation of rules |
§ 33-10-203 |
Action by adjutant general |
§ 33-10-204 |
Dismissal when rehearing impracticable |
§ 33-10-205 |
Action by the Governor |
§ 33-10-206 |
Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty |
§ 33-10-207 |
Action by adjutant general regarding subject matter jurisdiction |
§ 33-10-208 |
Disposition of records |
§ 33-10-209 |
Review by Supreme Court |
§ 33-10-210 |
Appellate government counsel |
§ 33-10-211 |
Right to counsel on appeal by state |
§ 33-10-212 |
Right to counsel on appeal by accused |
§ 33-10-213 |
Appointment of judge advocate to represent accused |
§ 33-10-214 |
Representation by civilian appellate counsel |
§ 33-10-215 |
Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn |
§ 33-10-216 |
Execution of sentence when appeal waived or withdrawn |
§ 33-10-217 |
Probation violation–Hearing–Representation by counsel |
§ 33-10-218 |
Vacation of suspension–Execution of sentence |
§ 33-10-219 |
Authority to vacate suspension |
§ 33-10-220 |
Petition for new trial |
§ 33-10-221 |
Remission and suspension |
§ 33-10-222 |
Restoration–Promulgation of rules |
§ 33-10-223 |
Substitution for dishonorable or bad-conduct discharge |
§ 33-10-224 |
Reappointment of commissioned officer |
§ 33-10-225 |
Finality of proceedings, findings, and sentences |
§ 33-10-226 |
Leave required pending review of certain court-martial convictions |
§ 33-10-227 |
Commitment of person incompetent to stand trial |
§ 33-10-228 |
Action in accordance with statute applicable to persons incompetent to stand trial |
§ 33-10-229 |
Notice of determination that accused is competent to stand trial |
§ 33-10-230 |
Action by general court-martial convening authority or attorney general |
§ 33-10-231 |
Custody of facility director |
§ 33-10-232 |
References to court that ordered commitment |
§ 33-10-233 |
Commitment of person found not guilty by reason of lack of mental responsibility |
§ 33-10-234 |
Hearing on mental condition |
§ 33-10-235 |
Report of hearing results |
§ 33-10-236 |
Action when release would create substantial risk of injury or serious property damage |
§ 33-10-237 |
Statute applicable to hospitalized person |
§ 33-10-238 |
Application of statute comparable to 18 U.S.C. 4247(d) |
§ 33-10-239 |
Application of statute comparable to 18 U.S.C. § 4241 et seq.–Change of status |
§ 33-10-240 |
Principal defined |
§ 33-10-241 |
Accessory after the fact |
§ 33-10-242 |
Included offense–Attempted offense |
§ 33-10-243 |
Attempt defined |
§ 33-10-244 |
Attempt to commit offense subject to punishment |
§ 33-10-245 |
Conviction of attempt for consummated offense |
§ 33-10-246 |
Conspiracy |
§ 33-10-247 |
Solicitation to desert or mutiny |
§ 33-10-248 |
Solicitation to commit misbehavior before the enemy or sedition |
§ 33-10-249 |
Fraudulent enlistment, appointment, or separation |
§ 33-10-250 |
Unlawful enlistment, appointment, or separation |
§ 33-10-251 |
Desertion |
§ 33-10-252 |
Desertion by commissioned officer |
§ 33-10-253 |
Punishment for desertion |
§ 33-10-254 |
Absence without leave |
§ 33-10-255 |
Missing movement |
§ 33-10-256 |
Contempt toward officials |
§ 33-10-257 |
Disrespect toward superior commissioned officer |
§ 33-10-258 |
Assaulting or willfully disobeying superior commissioned officer |
§ 33-10-259 |
Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer |
§ 33-10-260 |
Failure to obey order or regulation |
§ 33-10-261 |
Cruelty and maltreatment |
§ 33-10-262 |
Mutiny–Sedition–Failure to suppress or report |
§ 33-10-263 |
Punishment for mutiny or sedition |
§ 33-10-264 |
Resistance–Flight–Breach of arrest–Escape |
§ 33-10-265 |
Releasing prisoner without proper authority |
§ 33-10-266 |
Unlawful detention |
§ 33-10-267 |
Noncompliance with procedural rules |
§ 33-10-268 |
Misbehavior before the enemy |
§ 33-10-269 |
Subordinate compelling surrender |
§ 33-10-270 |
Improper use of countersign |
§ 33-10-271 |
Captured or abandoned property–Securing and turning over |
§ 33-10-272 |
Captured or abandoned property–Offenses |
§ 33-10-273 |
Aiding the enemy |
§ 33-10-274 |
Misconduct as prisoner |
§ 33-10-275 |
False official statements |
§ 33-10-276 |
Military property–Loss, damage, destruction, or wrongful disposition |
§ 33-10-277 |
Property other than military property–Waste, spoilage, or destruction |
§ 33-10-278 |
Willful hazarding of vessel |
§ 33-10-279 |
Negligent hazarding of vessel |
§ 33-10-280 |
Drunk on duty |
§ 33-10-281 |
Wrongful use, possession, or distribution of controlled substances |
§ 33-10-282 |
Controlled substances defined |
§ 33-10-283 |
Misbehavior of sentinel |
§ 33-10-284 |
Malingering |
§ 33-10-285 |
Riot or breach of peace |
§ 33-10-286 |
Provoking speeches or gestures |
§ 33-10-287 |
Frauds against the government |
§ 33-10-288 |
Conduct unbecoming an officer |
§ 33-10-289 |
Disorder and neglect–Conduct discrediting state military forces |
§ 33-10-290 |
Court of inquiry convened for investigation |
§ 33-10-291 |
Members of court–Counsel |
§ 33-10-292 |
Parties |
§ 33-10-293 |
Challenge to court members |
§ 33-10-294 |
Oaths |
§ 33-10-295 |
Witnesses |
§ 33-10-296 |
Findings–Opinions |
§ 33-10-297 |
Record of proceedings |
§ 33-10-298 |
Administration of oaths for purposes of military administration |
§ 33-10-299 |
Administration of oaths necessary in performance of duties |
§ 33-10-300 |
Prima facie evidence of authority to administer oath |
§ 33-10-301 |
Complaint of wrong |
§ 33-10-302 |
Delegation by Governor |
§ 33-10-303 |
Payment of fees, costs, and expenses |
§ 33-10-304 |
Military justice fund |
§ 33-10-305 |
Payment of fines–Disposition |
§ 33-10-306 |
Uniformity of interpretation |
§ 33-10-307 |
Immunity for action of military courts |
§ 33-10-308 |
Short title |