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Title 44. Militia 

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Chapter 1 - The Oklahoma Military Code

Article I - General Provisions

§ 1. Short Title

§ 2. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 3. Reference To Repealed Clauses

§ 4. Partial Invalidity

§ 5. Repealed by Laws 1961, HB 1026, p. 288, § 1, emerg. eff. July 21, 1961

§ 6. Honorary Staff of the Governor

Article II - Military Department

§ 21. Military Department

§ 21.1. Personnel Appointed as State Employees in Military Department - Unclassified Service

§ 22. Administration of Military Matters

§ 23. Governor As Commander In Chief - Powers - Armed Military Forces From Other State or Territory - Independent Military Organizations

§ 24. Adjutant General - Eligibility - Appointment

§ 25. Rank of Adjutant General - Assistants

§ 26. Duties of the Adjutant General

§ 26.1. Funds Donated to Adjutant General

§ 27. Compensation of Personnel

Article IIA - Oklahoma Military Advisory Commission

§ 30. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 31. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 32. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

Article III - Organization and Personnel

§ 41. Composition of Militia - Classes

§ 42. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 43. Eligibility as Commissioned Officers

§ 44. Repealed by Laws 2010, HB 2292, c. 212, § 10, emerg. eff. May 6, 2010

§ 45. Oath of Commissioned Officers

§ 46. Repealed by Laws 1999, SB 389, c. 49, § 2, emerg. eff. July 1, 1999

§ 47. Period of Enlistment - Qualifications - Reenlistment - Oath - Relinquishment of Custody of Minor Child

§ 48. Discharge of Enlisted Men

§ 49. Application of Army Customs - Regulations and Usage

§ 50. Repealed by Laws 2010, HB 2292, c. 212, § 11, emerg. eff. May 6, 2010

Article IV - Training and Active Duty - National Guard

§ 71. Duty to Attend Drill and Instruction, Encampment, and Maneuvers - Refusal of Employer to Permit Attendance

§ 72. Ordering Into Active Service

§ 73. Local Commanding Officer - Order Into Service In Emergency

§ 74. Compensation and Benefits for Members of Oklahoma National Guard

§ 75. Hospital and Medical Treatment

§ 77. Premiums for Serviceman's Group Life Insurance or State Sponsored Life Insurance for Oklahoma Army and Air National Guard Members

Article V - Court Martial - Articles of War - Arrest

§ 91. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

§ 92. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

§ 93. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

§ 94. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

§ 95. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

§ 96. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

§ 97. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

Article VI - Public Property

§ 111. Public Property - Liability of Commanding Officer - Liability of Person Responsible For Loss, Damage or Destruction - Apprehension and Prosecution of Persons Absconding

§ 112. Suits for Recovery of Property

§ 113. Seizure and Report of Property Illegally Possessed, etc.

§ 114. Accounts - Settlement

§ 115. Bond of Officers Accountable for or Receiving Military Property

§ 116. Accounting by Officer Before Receiving Payments

§ 117. Issue and Use of Property

Chapter 2 - Revision of 1917

§ 141. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 142. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 143. Repealed by Laws 1937, HB 177, p. 109, § 2, emerg. eff. March 31, 1937

§ 144. Repealed by Laws 1937, HB 177, p. 109, § 2, emerg. eff. March 31, 1937

§ 145. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 146. Repealed by Laws 1937, HB 177, p. 109, § 2, emerg. eff. March 31, 1937

§ 147. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 148. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 149. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 150. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 151. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 152. Repealed by Laws 1941, HB 572, p. 464, § 6, emerg. eff. June 7, 1941

§ 153. Repealed by Laws 1937, HB 177, p. 109, § 2, emerg. eff. March 31, 1937

§ 154. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 155. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 156. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 157. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 158. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 159. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 160. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 161. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 162. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 163. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

Chapter 3 - Medals, Decorations, and Awards

§ 191. Repealed by Laws 1970, SB 644, c. 99, § 3, emerg. eff. March 30, 1970

§ 192. Adjutant General's Authority to Establish, Design, and Award Medals, Etc. and Prescribe Rules and Procedures

§ 193. Repealed by Laws 2010, HB 2292, c. 212, § 12, emerg. eff. May 6, 2010

Awards and Decorations Act of 1961

§ 195.1. Repealed by Laws 2010, HB 2292, c. 212, § 13, emerg. eff. May 6, 2010

§ 195.2. Repealed by Laws 2010, HB 2292, c. 212, § 14, emerg. eff. May 6, 2010

§ 195.3. Repealed by Laws 2010, HB 2292, c. 212, § 15, emerg. eff. May 6, 2010

§ 195.4. Repealed by Laws 2010, HB 2292, c. 212, § 16, emerg. eff. May 6, 2010

§ 195.5. Repealed by Laws 2010, HB 2292, c. 212, § 17, emerg. eff. May 6, 2010

§ 195.6. Repealed by Laws 2010, HB 2292, c. 212, § 18, emerg. eff. May 6, 2010

§ 195.7. Repealed by Laws 2010, HB 2292, c. 212, § 19, emerg. eff. May 6, 2010

§ 195.8. Repealed by Laws 2010, HB 2292, c. 212, § 20, emerg. eff. May 6, 2010

Chapter 4 - Miscellaneous Provisions

§ 201. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 202. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 203. Repealed by Laws 1937, HB 177, p. 109, § 2, emerg. eff. March 31, 1937

§ 204. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 205. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 206. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 207. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 208. Discrimination Against Officers or Enlisted Member - Places of Entertainment or Amusement - Discharge or Hindrance of Duties by Employers

§ 208.1. Adoption and Application to Oklahoma National Guard Members

§ 209. Leave of Absence - Public Officers and Employees

§ 210. Assault on Member or Body of National Guard or Person Assisting Them

§ 211. Martial Law - Arrests and Subpoenas

§ 212. Action Against Officer or Enlisted Person for Official Acts - Defense - Costs and Security

§ 213. Exemption from Taxation of Military Property - Free Use of Municipally Owned Public Utilities

§ 214. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 215. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 216. Repealed by Laws 1963, SB 277, c. 148, § 1114, emerg. eff. June 6, 1963

§ 217. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 218. Armories - Purchase and Acceptance of Real Estate

§ 219. State Not To Be Financially Responsible

§ 220. Building and Loan Association Loans Authorized

§ 221. Provisions for National Guard When in Service

§ 222. Repealed by Laws 1951, HB 502, p. 114, art. 1, § 3, emerg. eff. May 16, 1951

§ 223. Privilege From Arrest

§ 224. Misdemeanor To Interfere With Militia

§ 225. Repealed by Laws 1983, SB 305, c. 304, § 182, emerg. eff. July 1, 1983

§ 226. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 227. Architect - Selection - Contract by Adjutant General

§ 228. Deed or Lease by County Commissioners to Adjutant General

§ 229. Authority to Order National Guard Beyond Borders of State - Law Governing - Jurisdiction

§ 230. Police Officers (OMD) - Powers and Duties

§ 231. Request of Assistance to Federal, State and Local Law Enforcement Officers in Drug Interdiction and Counter Drug Activities

§ 231.1. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.2. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.3. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.4. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.5. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.6. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.7. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.8. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.9. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.10. Repealed by Laws 1951, HB 498, p. 125, § 8, emerg. eff. May 16, 1951

§ 231.11. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 232. Authority to Establish and Operate Youth Programs

§ 232.1. Authority of Adjutant General to Lease or Rent Facilities

§ 232.2. Use and Operation of Facilities

§ 232.3. Armory Boards - Temporary Armory Boards

§ 232.4. Rules and Regulations Regarding Military Department Facilities

§ 232.5. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 232.6. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 232.7. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 233.1. Repealed by Laws 1985, SB 107, c. 147, § 5, emerg. eff. July 1, 1985

§ 233.2. Agreement With United States

§ 233.3. Construction Contracts - Disposition of Property

§ 233.4. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 233.5. Conveyance of Sites by Political Subdivisions

§ 233.6. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 233.7. Oklahoma Military Department Revolving Fund

§ 233.8. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 233.10. Authorization to Purchase Commercial Vehicles

§ 233.11. Authorization to Enter into Agreements for Professional Services

§ 234.1. Repealed by Laws 1983, SB 263, c. 333, § 34, emerg. eff. June 29, 1983

§ 234.2. Repealed by Laws 1983, SB 263, c. 333, § 34, emerg. eff. June 29, 1983

§ 235. Creation - Supervision - Location

§ 235.1. 45th Infantry Division Museum Fund

§ 235.2. Acceptance of Gifts to the 45th Infantry Division Museum

§ 236. Repealed by Laws 2011, SB 633, c. 124, § 13, eff. November 1, 2011

§ 237. Oklahoma National Guard Relief Program - Purpose - Review Board - Powers of Adjutant General

Chapter 5 - State Guard Act

§ 241. Governor Authorized to Organize, Maintain, etc. - Uniform

§ 242. Designation - Composition - Distinct from National Guard - Place of Service

§ 243. Rules and Regulations - Arms and Equipment - Drill and Instruction - Similarity to National Guard - Compensation and Allowances

§ 244. Calling Into Military Service of United States Not Authorized - No Exemption From Military Service

§ 245. Persons Not to be Commissioned or Enlisted

§ 246. Oath of Officers

§ 247. Term of Enlistment - Oath Upon Enlistment

§ 248. Articles of War - Applicability - Exemption From Arrest, Jury Duty, and Service on Posse Comitatus

§ 249. Repealed by Laws 1989, HB 1135, c. 154, § 2, emerg. eff. July 1, 1989

§ 250. Short Title

Chapter 6 - Oklahoma Women's Home Guard

§ 261. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 262. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 263. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 264. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 265. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 266. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 267. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 268. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 269. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

§ 270. Repealed by Laws 1973, HB 1358, c. 133, § 1, emerg. eff. May 10, 1973

Chapter 7 - Uniform Code of Military Justice

Part I - General Provisions

§ 2101. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2102. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2103. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2104. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2105. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2106. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part II - Arrest and Confinement

§ 2201. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2202. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2203. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2204. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2205. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2206. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2207. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2208. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part III - Nonjudicial Punishment

§ 2301. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part IV - Courts-Martial Jurisdiction

§ 2401. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2402. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2403. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2404. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2405. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2406. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2407. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2408. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part V - Appointments and Composition of Courts-Martial

§ 2501. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2502. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2503. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2504. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2505. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2506. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2507. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2508. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part VI - Pre-Trial Procedure

§ 2601. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2602. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2603. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2604. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2605. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2606. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part VII - Trial Procedure

§ 2701. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2702. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2703. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2704. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2705. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2706. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2707. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2708. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2709. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2710. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2711. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2712. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2713. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2714. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2715. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2716. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2717. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2718. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2719. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part VIII - Sentences

§ 2801. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2802. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2803. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2804. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2805. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2806. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part IX - Review of Courts-Martial

§ 2901. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2902. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2903. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2904. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2905. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2906. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2907. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2908. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2909. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2910. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2911. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2912. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2913. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 2914. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part X - Punitive Articles

§ 3001. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3002. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3003. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3004. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3005. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3006. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3007. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3008. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3009. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3010. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3011. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3012. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3013. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3014. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3015. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3016. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3017. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3018. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3019. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3020. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3021. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3022. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3023. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3024. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3025. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3026. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3027. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3028. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3029. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3030. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3031. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3032. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3033. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3034. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3035. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3036. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3037. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3038. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3039. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3040. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3041. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3042. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3043. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3044. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3045. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

Part XI - Miscellaneous Provisions

§ 3101. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3102. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3103. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3104. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3105. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3106. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3107. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3108. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3109. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3110. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3111. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3112. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3113. Repealed by Laws 2007, SB 1026, c. 86, § 162, eff. November 1, 2007

§ 3114. Repealed by Laws 1980, HB 1851, c. 68, § 1, emerg. eff. April 10, 1980

Chapter 8 - Uniform State Code of Military Justice

Part I - General Provisions

§ 3200. Short Title

§ 3201. Definitions

§ 3202. Persons to Whom Code Applicable

§ 3203. Applicability of Code to Deserters and Persons Charged with Fraudulently Obtaining Discharge

§ 3204. Reserved

§ 3205. Applicability of the Code - Duty Status - Civilian Jurisdiction - Courts-martial and Courts of Inquiry Convened Outside State

§ 3206. Judge Advocates

§ 3207. Reserved

Part II - Apprehension and Restraint

§ 3211. Apprehension

§ 3212. Reserved

§ 3213. Arrest - Confinement

§ 3214. Order of Arrest or Confinement - Right to be Informed of Specific Charge - Diligent Steps Towards Trial or Dismissal

§ 3215. Place of Confinement - Statement of Charge - Report to Commanding Officer

§ 3216. Confinement in Association with Enemy Prisoners or Foreign Nationals Forbidden

§ 3217. Punishment or Penalty While Awaiting Trial or Verdict

§ 3218. Delivery of Person Subject to Code to Civil Authority for Trial or Confinement - Return to Place of Original Custody

Part III - Nonjudicial Punishment

§ 3221. Disciplinary Punishments Imposed by Commanding Officers - Nonjudicial Punishments

Part IV - Court-Martial Jurisdiction

§ 3231. Kinds of Courts-Martial

§ 3232. Court-Martial Jurisdiction

§ 3233. General Courts-Martial Jurisdiction

§ 3234. Special Courts-Martial Jurisdiction

§ 3235. Summary Courts-Martial Jurisdiction

§ 3236. Reserved

Part V - Appointment and Composition of Courts-Martial

§ 3241. General Courts-Martial - Authority to Convene

§ 3242. Special Courts-Martial - Authority to Convene

§ 3243. Summary Courts-Martial - Authority to Convene

§ 3244. Eligibility to Serve on Courts-Martial

§ 3245. Reserved

§ 3246. Military Judge - Eligibility and Qualifications

§ 3247. Trial Counsel, Defense Counsel, and Assistants - Qualifications and Eligibility

§ 3248. Court Reporters - Interpreters

§ 3249. Members of Court-Martial and Military Judges - Absences - Minimum Required for Trial to Proceed

Part VI - Pretrial Procedure

§ 3251. Charges and Specifications - Oath of Signer - Right to be Informed of Charges

§ 3252. Rights of Persons Subject to Code - Self-Incrimination - Interrogation - Statements

§ 3253. Thorough and Impartial Investigation - Rights of Accused

§ 3254. Duty to Forward Charges Against Person Held for Trial - Delays

§ 3255. Pretrial Referral of Charge to Judge Advocate for Consideration and Advice

§ 3256. Service of Copy of Charges Prior to Trial

Part VII - Trial Procedure

§ 3261. Pretrial, Trial, and Posttrial Procedures Prescribed by Governor or Adjutant General

§ 3262. Attempts to Coerce or Influence Court-martial or Court of Inquiry - Other Conflicts of Interest

§ 3263. Trial Counsel - Accused's Right to Defense Counsel

§ 3264. Call to Session Without Presence of Members - Deliberation or Vote by Members of Court-martial

§ 3265. Continuances

§ 3266. Challenges by Accused to Military Judge and Members of General or Special Court-martial

§ 3267. Oath or Affirmation

§ 3268. Statute of Limitation

§ 3269. Prohibition Against Double Jeopardy

§ 3270. Irregular Pleading and Other Invalid Guilty Pleas - Effect of Valid Guilty Plea

§ 3271. Evidence and Witnesses

§ 3272. Witnesses - Failure or Refusal to Appear - Fees and Mileage

§ 3273. Contempt

§ 3274. Oral or Written Depositions

§ 3275. Sworn Testimony Read in Evidence

§ 3276. Defense - Lack of Mental Responsibility

§ 3277. Voting - Secret Ballot - Rulings - Instructions

§ 3278. Vote Required for Conviction - Other Questions - Tie Votes

§ 3279. When Findings and Sentence to be Announced

§ 3280. Separate Record of Proceedings - Copy Given to Accused

Part VIII - Sentences

§ 3291. Cruel and Unusual Punishment Prohibited

§ 3292. Punishment - Limitations

§ 3293. Reserved

§ 3294. Forfeiture of Pay or Allowances - Effective Dates of Sentences

§ 3295. Deferment of Sentence

§ 3296. Execution of Sentence of Confinement - "Hard Labor" - Charge for Confinement

§ 3297. Sentences Requiring Reduction of Pay Grade - Restoration if Sentence Set Aside or Disapproved

§ 3298. Forfeiture of Pay and Allowances

Part IX - Posttrial Procedure and Review of Courts-Martial

§ 3301. Error of Law - Material Prejudice to Substantial Rights

§ 3302. Report of Findings and Sentence to Convening Authority - Right of Accused to Waive Make a Submission - Rehearing

§ 3303. Accused's Withdrawal of Right to Appeal - Withdrawal of Appeal

§ 3304. Appeals by State

§ 3305. Rehearing

§ 3306. Cases in Which There is a Finding of Guilt - Review by Senior Force Judge Advocate

§ 3307. Transmittal of Records

§ 3308. Reserved

§ 3309. Reserved

§ 3310. Appellate Jurisdiction and Procedures

§ 3311. Reserved

§ 3312. Reserved

§ 3313. Representation Upon Appeal

§ 3314. Effect of Appeal on Sentence of Dismissal or Discharge for Dishonorable or Bad Conduct

§ 3315. Vacation of Suspension of Sentence - Hearing

§ 3316. Petition for New Trial

§ 3317. Authority to Remit or Suspend Sentence - Administrative Form of Discharge

§ 3318. Restoration of Rights, Privileges, and Property

§ 3319. Finality - Binding Effect of Orders

§ 3320. Leave Pending Completion of Action

§ 3321. Persons Incompetent to Stand Trial - Persons Found Not Guilty by Reason of Lack of Mental Responsibility

Part X - Punitive Articles

§ 3331. "Principal" Defined

§ 3332. Receiving, Comforting, or Assisting Offender to Hinder or Prevent Apprehension

§ 3333. Necessarily Included Offense - Attempted Necessarily Included Offense

§ 3334. Attempt

§ 3335. Conspiracy

§ 3336. Soliciting or Advising Desertion, Mutiny, Misbehavior Before the Enemy, or Sedition

§ 3337. Procuring Enlistment, Appointment, or Separation by False Representation or Concealment

§ 3338. Effecting Enlistment, Appointment, or Separation of Ineligible Person

§ 3339. Desertion - Punishment

§ 3340. Absence Without Leave

§ 3341. Missing Movement of Ship, Aircraft, or Unit by Neglect or Design

§ 3342. Use of Contemptuous Words Against Certain Government Officials

§ 3343. Disrespect Toward Superior Commissioned Officer

§ 3344. Striking, Drawing Weapon Upon, Offering Violence Against, or Willfully Disobeying Superior Commissioned Officer

§ 3345. Striking, Assaulting, Willfully Disobeying, or Showing Contempt or Disrepect to Certain Officers

§ 3346. Violating or Failing to Obey an Order - Dereliction of Duties

§ 3347. Cruelty, Oppression, or Maltreatment of Another Subject to Orders

§ 3348. Mutiny - Attempted Mutiny - Sedition - Failure to Suppress or Report Mutiny or Sedition

§ 3349. Resisting or Fleeing from Apprehension - Breaking Arrest - Escape from Confinement

§ 3350. Release of Prisoner Without Authority or by Neglect

§ 3351. Arrest or Confinement Without Authority

§ 3352. Unnecessary Delay in Disposition of Case - Failure to Enforce or Comply with Procedures

§ 3353. Abandonment of Duties in Presence of Enemy

§ 3354. Compelling an Officer to Surrender or Abandon Military Property

§ 3355. Disclosing Parole or Countersign to Person Not Entitled to Receive It

§ 3356. Forcing a Safeguard

§ 3357. Captured or Abandoned Property - Failure to Deliver to Proper Authority- Punishment

§ 3358. Aiding or Harboring the Enemy

§ 3359. Conduct During Capture

§ 3360. Larceny - Wrongful Appropriation

§ 3361. Unlawful Acts Relating to Public Records

§ 3362. Falsifying Records

§ 3363. Selling, Damaging, Destroying, or Losing Military Property

§ 3364. Destroying or Damaging Property Other Than Military Property

§ 3365. Hazarding of Vessel of Armed Forces

§ 3366. Wrongful, Reckless, or Wanton Conduct Likely to Produce Death or Grievous Bodily Harm

§ 3367. Drinking on Duty

§ 3368. Use, Possession, Manufacture, Distribution, or Importation of Drugs

§ 3369. Sentinel or Look-out Drinking or Sleeping at Post

§ 3370. Fighting or Dueling - Failure to Report Fight or Duel

§ 3371. Feigning Illness - Intentionally Inflicting Self-Injury

§ 3372. Riot - Breach of the Peace

§ 3373. Using Provoking or Reproachful Words or Gestures

§ 3374. Assault - Aggravated Assault

§ 3375. Adultery

§ 3376. Unlawful Acts Relating to Military or Official Passes, Permits, Discharge Certificates, or Identification

§ 3377. Reserved

§ 3378. Reserved

§ 3379. Reserved

§ 3380. Reserved

§ 3381. Reserved

§ 3382. Reserved

§ 3383. Reserved

§ 3384. Reserved

§ 3385. Reserved

§ 3386. Reserved

§ 3387. Reserved

§ 3388. Reserved

§ 3389. False or Fraudulent Claims, Statements, Acts, Oaths

§ 3390. Conduct Unbecoming an Officer and a Gentleman

§ 3391. Others Matters to be Taken Cognizance of by Military Court - Jurisdiction of Military Court

Part XI - Miscellaneous Provisions

§ 3392. Courts of Inquiry - How Convened - Authority - Members - Witnesses - Records

§ 3393. Authority to Administer Oaths

§ 3394. Explanation of Code to Enlisted Members - Availability of Text of Code and Regulations

§ 3395. Complaints About Commanding Officer

§ 3396. Board to Investigate a Complaint of Willful Damage to Property - Assessment and Apportionment of Damages - Charge Against Pay

§ 3397. Delegation of Governor's Authority

§ 3398. Military Justice Fund

§ 3399. Fines - Payment Methods - Deposit to Military Justice Fund

§ 4000. Construction of Code

§ 4001. Immunity from Personal Liability for Carrying Out Duties Under Code

§ 4002. Jurisdiction Not Extended to Certain Crimes Reserved to Civil Courts