39A-5-105. Application of chapter in and outside of the state — Military courts held outside the state.
| (1) |
This chapter applies to all individuals:
Terms Used In Utah Code 39A-5-105- 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
- 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
- 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
| (a) |
subject to this chapter within the state; |
| (b) |
otherwise subject to this chapter while serving outside the state; and |
| (c) |
while going to and returning from the service outside the state. |
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| (2) |
Military courts may be convened and held in units of the National Guard while those units are serving without the state, with the same jurisdiction and powers as to individuals subject to this chapter as if the proceedings were held within the state. Offenses committed without the state may be tried and punished either within or without the state, as military necessity dictates. |
| (3) |
Nothing in this chapter limits a commander’s authority to use adverse administrative action to address misconduct by a member, regardless of the member’s status at the time of the misconduct. |
Renumbered and Amended by Chapter 373, 2022 General Session
