39A-5-113.  Individual accused of offense against civilian — Sentences of military and civilian courts.

(1)  A service member on duty and subject to this chapter who is accused of an offense against a civilian individual may be delivered, upon request, to a civilian authority for judicial proceedings.

Terms Used In Utah Code 39A-5-113

  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
(2) 

(a)  If an individual under sentence imposed by a military court is delivered to a civilian authority under this section, and the individual is convicted in a civilian court, the execution of the sentence of the military court is interrupted.

(b)  After the individual has completed the sentence imposed by the civilian court, upon request of military authority, the individual shall be returned to military custody for completion of the military court sentence.

Renumbered and Amended by Chapter 373, 2022 General Session