Revisor Home
View entire chapter

 Title V MILITARY AFFAIRS AND POLICE

 Chapter 40 Military Justice ^  !
40.005   Definitions — law applicable to all state military forces not in federal service. (8/28/1986)
40.007   Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court. (8/28/1984)
40.010   Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when. (8/28/1984)
40.015   Jurisdiction of military courts. (8/28/1984)
40.017   State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions. (8/28/1984)
40.020   Apprehension defined — authority to apprehend, when. (8/28/1984)
40.023   Absent without leave, authority to apprehend — offender outside state, procedure. (8/28/1984)
40.025   Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer. (8/28/1986)
40.030   Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when. (8/28/1984)
40.035   Confinement, where. (8/28/1984)
40.036   Jails and prisons required to keep prisoners, when — official's duties. (8/28/1984)
40.038   Confinement requirements — other punishment prohibited — exception. (8/28/1984)
40.040   Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when. (8/28/1986)
40.043   Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial. (6/12/1991)
40.050   Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction. (8/28/1984)
40.055   General courts-martial, jurisdiction — punishment. (8/28/1986)
40.060   Special courts-martial, jurisdiction — punishment — exceptions. (8/28/1986)
40.065   Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial. (8/28/1986)
40.070   Discharges or dismissals by courts-martial, requirements — governor's approval required. (8/28/1984)
40.075   Sentence to confinement at one dollar a day instead of fine — limitations. (8/28/1984)
40.079   Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when. (8/28/1984)
40.083   Convening general courts-martial, persons authorized. (8/28/1984)
40.085   Convening special courts-martial, persons authorized. (8/28/1984)
40.088   Convening summary courts-martial, persons authorized. (8/28/1984)
40.090   Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons. (8/28/1984)
40.095   Military judge — appointment — qualifications — duties — restrictions. (8/28/1984)
40.098   Trial counsel and defense counsel appointed, when — qualifications — restrictions. (8/28/1984)
40.100   Court reporters, appointment, when. (8/28/1984)
40.105   Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure. (8/28/1984)
40.108   Charges — contents — oath — accused to be informed. (8/28/1986)
40.112   Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence. (8/28/1984)
40.114   Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure. (8/28/1984)
40.117   Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements. (8/28/1984)
40.119   Referring charges for trial requirements to be met in general court-martial. (8/28/1984)
40.121   Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial. (8/28/1984)
40.124   Procedure in military courts. (8/28/1984)
40.126   Attempts to influence or coerce court prohibited — exceptions. (8/28/1984)
40.128   Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties. (8/28/1984)
40.130   Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members. (8/28/1984)
40.133   Continuances, granted, when. (8/28/1984)
40.135   Challenges, general or special court-martial. (8/28/1984)
40.138   Oath required for all judges, members, counsel, reporters, interpreters. (8/28/1984)
40.141   Time limitation to bring action — war time, certain offenses no limitation — computation. (8/28/1984)
40.144   Res judicata to apply, when — exception not a bar to civilian prosecution. (8/28/1984)
40.148   Not guilty plea, entered when. (8/28/1984)
40.150   Witnesses and evidence, authority to obtain. (8/28/1984)
40.153   Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute. (8/28/1984)
40.155   Contempt, authority of military court — penalties. (8/28/1984)
40.157   Depositions authorized, when — procedure — exception — admitted into evidence, when. (8/28/1984)
40.160   Sworn testimony in court of inquiry, record admissible in evidence, when — exception. (8/28/1984)
40.165   Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law. (8/28/1984)
40.168   Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect. (8/28/1984)
40.170   Sentence and findings announced, when. (8/28/1984)
40.173   Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when. (8/28/1984)
40.175   Cruel and unusual punishment prohibited. (8/28/1984)
40.178   Punishment, governor may prescribe limits. (8/28/1984)
40.180   Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when. (8/28/1984)
40.183   Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized. (8/28/1984)
40.185   Sentence, convening authority may approve, suspend or commute. (8/28/1984)
40.190   Trial record review by reviewing authority. (8/28/1984)
40.193   Opinion on general court-martial — drafted by whom — acquittal, limitations. (8/28/1984)
40.195   Record returned for reconsideration, when. (8/28/1984)
40.198   Rehearing limitations — dismissal of charges, when. (8/28/1984)
40.200   Sentence, approval by convening authority — powers. (8/28/1984)
40.203   Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial. (8/28/1984)
40.205   Record of trial examined by judge advocate — board of review to review, when. (8/28/1984)
40.208   Boards of review — appointment — membership — qualifications — powers and duties. (8/28/1984)
40.210   Error of law, findings or sentence not incorrect unless prejudicial to rights of accused. (8/28/1984)
40.214   Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications. (8/28/1984)
40.216   Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers. (8/28/1984)
40.218   Probationer, violations — hearing, rights of probationer to counsel — procedure. (8/28/1984)
40.220   New trial, petition by accused when, grounds — time limitation. (8/28/1984)
40.225   Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when. (8/28/1984)
40.228   Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect. (8/28/1984)
40.230   Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts. (8/28/1984)
40.231   Appeals from final decisions, how made. (8/28/1986)
40.234   Duty status required for conviction on certain offenses. (8/28/1984)
40.237   Principal in actions defined. (8/28/1984)
40.240   Assists offender, how punished. (8/28/1984)
40.245   Attempt to commit offense may be part of offense. (8/28/1984)
40.250   Attempt to commit offense even though failing in commission is offense, when. (8/28/1984)
40.255   Conspirators, deemed to have committed offense, when. (8/28/1984)
40.260   Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment. (8/28/1984)
40.265   False representation to procure enlistment — appointment — separation — court-martial proceedings. (8/28/1984)
40.270   Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial. (8/28/1984)
40.273   Desertion, defined — punishment by court-martial. (8/28/1984)
40.276   Absent from place of duty — court-martial. (8/28/1984)
40.278   Missing ship, aircraft or unit — court-martial. (8/28/1984)
40.280   Contemptuous words, used against certain officials — court-martial. (8/28/1984)
40.285   Disrespect to superior commissioned officer — court-martial. (8/28/1984)
40.290   Violence or willfully disobeying command of superior commissioned officer. (8/28/1984)
40.295   Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when. (8/28/1984)
40.300   Orders — failure or dereliction in obeying — court-martial. (8/28/1984)
40.305   Cruelty or maltreatment of persons subject to his orders — court-martial. (8/28/1984)
40.307   Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial. (8/28/1984)
40.310   Arrest, resists or breaks — escape from confinement — court-martial. (8/28/1984)
40.312   Escape by neglect or improper release of prisoners — court-martial. (8/28/1984)
40.315   False apprehension, arrest, confinement — court-martial. (8/28/1984)
40.320   Delay in case — failure to enforce regulation of proceedings — court-martial. (8/28/1984)
40.325   Hostile force, in presence of, commits certain offenses — court-martial. (8/28/1984)
40.328   Attempts to compel officer to surrender to enemy or to strike colors without proper authority — court-martial. (8/28/1984)
40.330   Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial. (8/28/1984)
40.335   Forcing a safeguard, court-martial. (8/28/1984)
40.340   Public property, duty to secure when taken from hostile forces — failure to turn over to proper authority — court-martial. (8/28/1984)
40.350   Hostile forces, aid — court-martial. (8/28/1984)
40.355   Hostile forces, capture — conduct improper — court-martial. (8/28/1984)
40.360   Signs official documents with intent to deceive — court-martial. (8/28/1984)
40.365   Military property — sells, neglects, damages, destroys, loses — court-martial. (8/28/1984)
40.370   Property, not military — willfully, recklessly wastes or spoils — court-martial. (8/28/1984)
40.375   Hazarding vessels of the United States or state, causing to be hazarded — court-martial. (8/28/1984)
40.380   Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial. (8/28/1984)
40.385   Fighting — promoting a fight or duel, failure to report — court-martial. (8/28/1984)
40.387   Avoiding work, duty or service — court-martial. (8/28/1984)
40.390   Riot or breach of the peace, causing or participating — court-martial. (8/28/1984)
40.395   Provocative gestures or words, constituting a threat of violence — court-martial. (8/28/1984)
40.398   Perjury — giving a false oath or false testimony in a matter of inquiry — court-martial. (8/28/1986)
40.400   False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial. (8/28/1984)
40.405   Larceny or wrongful appropriation of property — court-martial. (8/28/1984)
40.408   Officer's conduct, unbecoming to an officer and a gentleman — court-martial. (8/28/1984)
40.410   Neglecting or prejudicing discipline of the military — bringing discredit to state military services — exceptions, court-martial. (8/28/1984)
40.415   Military property, purchasing or receiving in pawn or pledge — court-martial. (8/28/1984)
40.420   Courts of inquiry, duties, how convened — members of court — counsel, appointment — parties to inquiry, how determined, procedure — records. (8/28/1984)
40.425   Oaths, persons having authority to administer. (8/28/1984)
40.430   Military justice — certain sections explained to enlisted members, when — complete text to be available on request. (8/28/1984)
40.435   Complaints against commanding officer, procedure. (8/28/1984)
40.440   Property of person damaged or taken, board convened to investigate, procedure. (8/28/1984)
40.445   Processes and sentences of courts-martial executed by civil officers, fees, how paid. (8/28/1984)
40.450   Process or mandates, authority to issue. (8/28/1984)
40.455   Fines and costs imposed by military court, how paid. (8/28/1984)
40.460   Civilian officers to execute required duties, failure to perform, penalty. (8/28/1984)
40.465   Actions against convening authority or member of court, prohibited, when. (8/28/1984)
40.470   Jurisdiction presumed, burden of proof. (8/28/1984)
40.475   Governor's powers to delegate authority — exception. (8/28/1984)
40.480   Purpose of military laws. (8/28/1984)
40.485   Expenses, per diems, transportation for military personnel and civilians required to participate, how paid. (8/28/1984)
40.490   Reemployment rights of persons ordered to active duty — attorney general to enforce rights. (8/28/2017)
40.495   Severability of sections. (8/28/1984)
 - Cross References
Military leave for employees, how charged, 105.270

Official site for the Revised Statutes of Missouri

31 May 2020 13:01


In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Contact
Other Links
Oversight Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@13:01:50.7 215