Section 5104 - Subject matter jurisdiction(a) General rule.--Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces.(b) Military offenses.--Courts-martial have primary jurisdiction of military offenses as defined in this part.(c) Nonmilitary offenses.--A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.(d) Inchoate offenses.--Jurisdiction over inchoate offenses including the offenses of attempt, conspiracy and solicitation is given to the entity which has jurisdiction of the underlying offense.Added by P.L. 1506 2012 No. 192, § 2, eff. 10/24/2013.