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) |
|
|