Chapter 10 - UNIFORM STATE CODE OF MILITARY JUSTICE

Section 33-10-1 to 33-10-19 - [Repealed]
Section 33-10-20 - Definitions
Section 33-10-21 - Persons subject to this code
Section 33-10-22 - Subject matter jurisdiction-Primary jurisdiction
Section 33-10-23 - Jurisdiction over persons charged with fraudulent discharge
Section 33-10-24 - Jurisdiction over deserters
Section 33-10-25 - Applicability to persons in duty status or where nexus exists between offense and state military functions-Civilian jurisdiction
Section 33-10-26 - Extraterritorial jurisdiction
Section 33-10-27 - Judge advocate supervision
Section 33-10-28 - Communication with judge advocates
Section 33-10-29 - Judge advocate to reviewing authority
Section 33-10-30 - Apprehension defined
Section 33-10-31 - Persons authorized to apprehend upon probable cause
Section 33-10-32 - Quelling of or apprehension for quarrels, frays, and disorders
Section 33-10-33 - Extradition
Section 33-10-34 - Fees for apprehension
Section 33-10-35 - Arrest and confinement defined
Section 33-10-36 - Arrest or confinement of enlisted member
Section 33-10-37 - Arrest or confinement of commissioned officer, warrant officer, or civilian
Section 33-10-38 - Probable cause to arrest or confine
Section 33-10-39 - Custody before notification of proper authority
Section 33-10-40 - Notice of offense-Diligent steps for trial or dismissal
Section 33-10-41 - Place of confinement
Section 33-10-42 - Receiving of prisoners
Section 33-10-43 - Reports of prisoners
Section 33-10-44 - Confinement with enemy prisoners prohibited
Section 33-10-45 - Punishment prohibited before trial
Section 33-10-46 - Delivery of offenders to civil authorities
Section 33-10-47 - Completion of sentence of court martial upon return from civil authority
Section 33-10-48 - Failure of enlisted member to report for duty-Arrest-Fees-Promulgation of rules
Section 33-10-49 - Arrest or confinement for disobedience or disruption-Trespassers
Section 33-10-50 - Commanding officer's non-judicial punishment
Section 33-10-51 - Forms of punishment by any commanding officer
Section 33-10-52 - Forms of punishment by major, lieutenant commander, or above
Section 33-10-53 - Forms of punishment by Governor, adjutant general, or certain other officers
Section 33-10-54 - Duration of consecutive punishments
Section 33-10-55 - Arrest in quarters or restriction-Notice regarding right to trial by court-martial
Section 33-10-56 - Suspension or mitigation of punishment
Section 33-10-57 - Appeal
Section 33-10-58 - Punishment not a bar to trial by court-martial or civilian court-Consideration of disciplinary punishment
Section 33-10-59 - Forfeiture of pay
Section 33-10-60 - Promulgation of rules regarding records
Section 33-10-61 - Courts-martial classified
Section 33-10-62 - Jurisdiction of courts-martial in general
Section 33-10-63 - Jurisdiction of general courts-martial
Section 33-10-64 - Jurisdiction of special courts-martial
Section 33-10-65 - Jurisdiction of summary courts-martial
Section 33-10-66 - Objection to trial by summary courts-martial
Section 33-10-67 - Who may convene general courts-martial
Section 33-10-68 - Who may convene special courts-martial
Section 33-10-69 - Who may convene summary courts-martial
Section 33-10-70 - Commissioned officer service on courts-martial
Section 33-10-71 - Warrant officer service on courts-martial
Section 33-10-72 - Enlisted member service on courts-martial
Section 33-10-73 - Court-martial member to be senior to accused
Section 33-10-74 - Qualifications of court-martial member
Section 33-10-75 - Excuse of court-martial member from participating
Section 33-10-76 - Military judge detailed to general and special court-martial
Section 33-10-77 - Qualifications of military judge
Section 33-10-78 - Admission of military judge pro hac vice
Section 33-10-79 - Designation of military judge-Performance report prohibited
Section 33-10-80 - Military judge may not be accuser, witness, investigator, or counsel
Section 33-10-81 - Consultation with members of court
Section 33-10-82 - Detail of trial counsel and defense counsel
Section 33-10-83 - Counsel may not have been investigator, military judge, witness, court member, or opposing counsel
Section 33-10-84 - Qualifications of counsel
Section 33-10-85 - Admission of defense counsel pro hac vice-Qualifications
Section 33-10-86 - Detail or employment of court reporters and interpreters-Promulgation of rules
Section 33-10-87 - Absent members of court-martial
Section 33-10-88 - Additional members of general court-martial
Section 33-10-89 - Additional members of special court-martial
Section 33-10-90 - Court-martial composed of military judge only-Procedure when military judge unable to proceed
Section 33-10-91 - Marshal-Duties
Section 33-10-92 - Compensation of marshal
Section 33-10-93 - Malfeasance of sheriff or marshal
Section 33-10-94 - Immunity of court members
Section 33-10-95 - Charges and specifications
Section 33-10-96 - Compulsory self-incrimination prohibited
Section 33-10-97 - Advice of right to remain silent
Section 33-10-98 - Compulsory self-degradation prohibited
Section 33-10-99 - Exclusion of evidence
Section 33-10-100 - Investigation of charges
Section 33-10-101 - Notice to accused of charges-Right to counsel-Examination of witnesses-Statement of testimony
Section 33-10-102 - Demand for further investigation
Section 33-10-103 - Investigation of uncharged offenses
Section 33-10-104 - Nonjurisdictional error
Section 33-10-105 - Forwarding of charges
Section 33-10-106 - Advice of judge advocate regarding charge
Section 33-10-107 - Contents of judge advocate's statement-Reference for trial
Section 33-10-108 - Correction of charges or specifications
Section 33-10-109 - Service of charges
Section 33-10-110 - Promulgation of procedural rules by Governor or adjutant general
Section 33-10-111 - Unlawfully influencing action of court
Section 33-10-112 - Report of performance as court-martial member, witness, or counsel prohibited
Section 33-10-113 - Qualifications of trial counsel-Preparation of record
Section 33-10-114 - Qualifications of defense counsel-Rights of accused
Section 33-10-115 - Duties of defense counsel in court-martial proceeding resulting in conviction
Section 33-10-116 - Sessions without presence of court-martial members-Record
Section 33-10-117 - Presence of accused, counsel, and military judge at proceedings-Exception
Section 33-10-118 - Continuances
Section 33-10-119 - Challenges for cause
Section 33-10-120 - Procedure when court members reduced below minimum by challenge for cause
Section 33-10-121 - Peremptory challenges
Section 33-10-122 - Procedure when court members reduced below minimum by peremptory challenge
Section 33-10-123 - Challenges after additional members are detailed
Section 33-10-124 - Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter
Section 33-10-125 - Oath of witness
Section 33-10-126 - Statute of limitations
Section 33-10-127 - Unauthorized absence excluded in computing limitation period
Section 33-10-128 - Absence from territory excluded in computing limitation period
Section 33-10-129 - Limitation period during wartime
Section 33-10-130 - Statute of limitations for new charges and specifications following dismissal for defect or insufficiency
Section 33-10-131 - Conditions for new charges and specifications
Section 33-10-132 - Former jeopardy
Section 33-10-133 - Jeopardy where accused found guilty
Section 33-10-134 - Jeopardy where accused not found guilty
Section 33-10-135 - Not guilty plea
Section 33-10-136 - Finding upon guilty plea-Withdrawal of guilty plea
Section 33-10-137 - Opportunity to obtain witnesses and other evidence
Section 33-10-138 - Refusal to appear or testify
Section 33-10-139 - Witness fees
Section 33-10-140 - Contempt
Section 33-10-141 - Oral and written depositions
Section 33-10-142 - Notice of deposition
Section 33-10-143 - Officers before whom deposition taken
Section 33-10-144 - Admissibility of deposition
Section 33-10-145 - Admissibility of records of courts of inquiry
Section 33-10-146 - Defense of lack of mental responsibility
Section 33-10-147 - Burden of proof of lack of mental responsibility
Section 33-10-148 - Findings by court-martial members when lack of mental responsibility at issue
Section 33-10-149 - Findings by military judge or summary court-martial officer when lack of mental responsibility at issue
Section 33-10-150 - Conditions for finding of not guilty by reason of lack of mental responsibility
Section 33-10-151 - Voting by secret written ballot
Section 33-10-152 - Rulings upon questions of law and interlocutory questions
Section 33-10-153 - Instructions
Section 33-10-154 - Findings and rulings by court-martial composed of military judge only
Section 33-10-155 - Number of votes required
Section 33-10-156 - Court to announce action
Section 33-10-157 - Record of proceedings-Authentication
Section 33-10-158 - Contents of record-Promulgation of rules
Section 33-10-159 - Records of summary court-martial-Promulgation of rules
Section 33-10-160 - Copy of record to be given to the accused
Section 33-10-161 - Cruel and unusual punishments prohibited
Section 33-10-162 - Maximum sentence-Felony and misdemeanor-Noncriminal conviction
Section 33-10-163 - Limits of punishment
Section 33-10-164 - Forfeitures
Section 33-10-165 - Computation of period of confinement-Effective date of other sentences
Section 33-10-166 - Deferment of sentence to confinement-Rescission
Section 33-10-167 - Deferment until after accused has been permanently released to state military forces
Section 33-10-168 - Persons subject to deferment until permanently released to state military forces
Section 33-10-169 - Deferment of sentence to confinement while review pending
Section 33-10-170 - Place of confinement
Section 33-10-171 - Hard labor
Section 33-10-172 - Fees for confinement
Section 33-10-173 - Reduction of enlisted member pay grade
Section 33-10-174 - Restoration of pay
Section 33-10-175 - Forfeiture of pay and allowances
Section 33-10-176 - Sentences subject to forfeiture of pay and allowances
Section 33-10-177 - Waiver of forfeiture of pay and allowances for dependents of accused
Section 33-10-178 - Restoration of pay and allowances
Section 33-10-179 - Error of law
Section 33-10-180 - Lesser included offense
Section 33-10-181 - Prompt report of findings and sentence to convening authority
Section 33-10-182 - Submission to convening authority of matters for consideration-Time for submission
Section 33-10-183 - Extension of time for submission
Section 33-10-184 - Provision of record to accused
Section 33-10-185 - Waiver of right to make submission
Section 33-10-186 - Authority to modify findings and sentence
Section 33-10-187 - Action on sentence of court-martial
Section 33-10-188 - Action on findings of court-martial
Section 33-10-189 - Recommendation of judge advocate-Promulgation of rules-Response and objection
Section 33-10-190 - Proceeding in revision or rehearing
Section 33-10-191 - Matters considered at proceeding in revision
Section 33-10-192 - Matters considered at rehearing-Dismissal without rehearing
Section 33-10-193 - Withdrawal of appeal
Section 33-10-194 - Time for withdrawal of appeal
Section 33-10-195 - Appeal by the state
Section 33-10-196 - Time for appeal by the state-Contents of notice of appeal
Section 33-10-197 - Diligent prosecution of appeal
Section 33-10-198 - State's appeal to Supreme Court limited to matters of law
Section 33-10-199 - Consideration of delay concerning issue of speedy trial
Section 33-10-200 - Rehearings
Section 33-10-201 - Review by senior force judge advocate
Section 33-10-202 - Adjutant General action-Promulgation of rules
Section 33-10-203 - Action by adjutant general
Section 33-10-204 - Dismissal when rehearing impracticable
Section 33-10-205 - Action by the Governor
Section 33-10-206 - Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty
Section 33-10-207 - Action by adjutant general regarding subject matter jurisdiction
Section 33-10-208 - Disposition of records
Section 33-10-209 - Review by Supreme Court
Section 33-10-210 - Appellate government counsel
Section 33-10-211 - Right to counsel on appeal by state
Section 33-10-212 - Right to counsel on appeal by accused
Section 33-10-213 - Appointment of judge advocate to represent accused
Section 33-10-214 - Representation by civilian appellate counsel
Section 33-10-215 - Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn
Section 33-10-216 - Execution of sentence when appeal waived or withdrawn
Section 33-10-217 - Probation violation-Hearing-Representation by counsel
Section 33-10-218 - Vacation of suspension-Execution of sentence
Section 33-10-219 - Authority to vacate suspension
Section 33-10-220 - Petition for new trial
Section 33-10-221 - Remission and suspension
Section 33-10-222 - Restoration-Promulgation of rules
Section 33-10-223 - Substitution for dishonorable or bad-conduct discharge
Section 33-10-224 - Reappointment of commissioned officer
Section 33-10-225 - Finality of proceedings, findings, and sentences
Section 33-10-226 - Leave required pending review of certain court-martial convictions
Section 33-10-227 - Commitment of person incompetent to stand trial
Section 33-10-228 - Action in accordance with statute applicable to persons incompetent to stand trial
Section 33-10-229 - Notice of determination that accused is competent to stand trial
Section 33-10-230 - Action by general court-martial convening authority or attorney general
Section 33-10-231 - Custody of facility director
Section 33-10-232 - References to court that ordered commitment
Section 33-10-233 - Commitment of person found not guilty by reason of lack of mental responsibility
Section 33-10-234 - Hearing on mental condition
Section 33-10-235 - Report of hearing results
Section 33-10-236 - Action when release would create substantial risk of injury or serious property damage
Section 33-10-237 - Statute applicable to hospitalized person
Section 33-10-238 - Application of statute comparable to 18 U.S.C. 4247(d)
Section 33-10-239 - Application of statute comparable to 18 U.S.C. section 4241 et seq.-Change of status
Section 33-10-240 - Principal defined
Section 33-10-241 - Accessory after the fact
Section 33-10-242 - Included offense-Attempted offense
Section 33-10-243 - Attempt defined
Section 33-10-244 - Attempt to commit offense subject to punishment
Section 33-10-245 - Conviction of attempt for consummated offense
Section 33-10-246 - Conspiracy
Section 33-10-247 - Solicitation to desert or mutiny
Section 33-10-248 - Solicitation to commit misbehavior before the enemy or sedition
Section 33-10-249 - Fraudulent enlistment, appointment, or separation
Section 33-10-250 - Unlawful enlistment, appointment, or separation
Section 33-10-251 - Desertion
Section 33-10-252 - Desertion by commissioned officer
Section 33-10-253 - Punishment for desertion
Section 33-10-254 - Absence without leave
Section 33-10-255 - Missing movement
Section 33-10-256 - Contempt toward officials
Section 33-10-257 - Disrespect toward superior commissioned officer
Section 33-10-258 - Assaulting or willfully disobeying superior commissioned officer
Section 33-10-259 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
Section 33-10-260 - Failure to obey order or regulation
Section 33-10-261 - Cruelty and maltreatment
Section 33-10-262 - Mutiny-Sedition-Failure to suppress or report
Section 33-10-263 - Punishment for mutiny or sedition
Section 33-10-264 - Resistance-Flight-Breach of arrest-Escape
Section 33-10-265 - Releasing prisoner without proper authority
Section 33-10-266 - Unlawful detention
Section 33-10-267 - Noncompliance with procedural rules
Section 33-10-268 - Misbehavior before the enemy
Section 33-10-269 - Subordinate compelling surrender
Section 33-10-270 - Improper use of countersign
Section 33-10-271 - Captured or abandoned property-Securing and turning over
Section 33-10-272 - Captured or abandoned property-Offenses
Section 33-10-273 - Aiding the enemy
Section 33-10-274 - Misconduct as prisoner
Section 33-10-275 - False official statements
Section 33-10-276 - Military property-Loss, damage, destruction, or wrongful disposition
Section 33-10-277 - Property other than military property-Waste, spoilage, or destruction
Section 33-10-278 - Willful hazarding of vessel
Section 33-10-279 - Negligent hazarding of vessel
Section 33-10-280 - Drunk on duty
Section 33-10-281 - Wrongful use, possession, or distribution of controlled substances
Section 33-10-282 - Controlled substances defined
Section 33-10-283 - Misbehavior of sentinel
Section 33-10-284 - Malingering
Section 33-10-285 - Riot or breach of peace
Section 33-10-286 - Provoking speeches or gestures
Section 33-10-287 - Frauds against the government
Section 33-10-288 - Conduct unbecoming an officer
Section 33-10-289 - Disorder and neglect-Conduct discrediting state military forces
Section 33-10-290 - Court of inquiry convened for investigation
Section 33-10-291 - Members of court-Counsel
Section 33-10-292 - Parties
Section 33-10-293 - Challenge to court members
Section 33-10-294 - Oaths
Section 33-10-295 - Witnesses
Section 33-10-296 - Findings-Opinions
Section 33-10-297 - Record of proceedings
Section 33-10-298 - Administration of oaths for purposes of military administration
Section 33-10-299 - Administration of oaths necessary in performance of duties
Section 33-10-300 - Prima facie evidence of authority to administer oath
Section 33-10-301 - Complaint of wrong
Section 33-10-302 - Delegation by Governor
Section 33-10-303 - Payment of fees, costs, and expenses
Section 33-10-304 - Military justice fund
Section 33-10-305 - Payment of fines-Disposition
Section 33-10-306 - Uniformity of interpretation
Section 33-10-307 - Immunity for action of military courts
Section 33-10-308 - Short title