39A-5-301. Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons.
| (1) |
Punishment directed by a military court for an offense may not exceed limits prescribed under Subsection (2) or lesser limits prescribed by the governor for the offense. |
Terms Used In Utah Code 39A-5-301
- Conviction: A judgement of guilt against a criminal defendant.
- Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
- 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 military court may impose upon an accused any of the following after conviction for an offense:
| (a) |
incarceration in a county jail for no longer than one year; |
| (b) |
a fine of not more than $2,500; |
| (c) |
forfeiture of pay of not more than $2,500; |
| (d) |
detention of pay equivalent to three months’ pay for a period not to exceed one year; |
| (e) |
arrest in quarters for officers; |
| (f) |
restriction to specified limits for enlisted members; |
| (g) |
extra duty for not more than 60 consecutive days; |
| (i) |
reduction of enlisted members to the lowest enlisted grade; |
| (j) |
a bad conduct discharge for enlisted members; |
| (k) |
dismissal for officers; |
| (l) |
restitution to any individual or entity injured as a result of the accused’s conduct; or |
|
| (3) |
Cruel or unusual punishments, including flogging, branding, marking, or tattooing on the body may not be imposed by any court or inflicted upon any individual subject to this chapter. |
| (4) |
Single or double irons may not be used unless necessary for safe custody. |
Renumbered and Amended by Chapter 373, 2022 General Session
