MILITIA AND MILITARY AFFAIRS – Amends existing law to revise terminology and to revise provisions regarding restraint and nonjudicial punishment in the Model State Code of Military Justice.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
507
BY
TRANSPORTATION
AND
DEFENSE
COMMITTEE
AN
ACT
1
RELATING
TO
MILITIA
AND
MILITARY
AFFAIRS;
AMENDING
SECTION
46
-
1102,
IDAHO
2
CODE,
TO
REVISE
DEFINITIONS,
TO
REVISE
TERMINOLOGY,
TO
REVISE
PRO
-
3
VISIONS
REGARDING
APPREHENSION
AND
RESTRAINT,
TO
REVISE
PROVISIONS
4
REGARDING
NONJUDICIAL
PUNISHMENT,
TO
REVISE
PROVISIONS
REGARDING
COUN
-
5
SEL
QUALIFICATIONS,
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
6
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
46
-
1102,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
46
-
1102.
MODEL
STATE
CODE
OF
MILITARY
JUSTICE.
The
"Model
State
Code
1
1
of
Military
Justice"
is
hereby
enacted
into
law
and
entered
into
by
this
12
state
with
any
other
states
legally
joining
therein
in
the
form
substan
-
13
tially
as
follows:
14
MODEL
STATE
CODE
OF
MILITARY
JUSTICE
15
PART
I.
GENERAL
PROVISIONS
16
ARTICLE
1.
DEFINITIONS
-
-
GENDER
NEUTRALITY
17
(a)
In
this
act,
unless
the
context
otherwise
requires:
18
(1)
The
term
"cadet
,
"
or
"candidate
,
"
or
"midshipman"
means
a
person
19
who
is
enrolled
in
or
attending
the
United
States
military
academy,
the
20
United
States
air
force
academy,
the
United
States
coast
guard
academy,
21
officer
candidate
school,
a
state
military
academy,
a
regional
training
22
institute,
or
any
other
formal
education
program
for
the
purpose
of
be
-
23
coming
a
commissioned
officer
in
the
state
military
forces;
24
(2)
The
term
"duty
status
other
than
state
active
duty"
means
any
other
25
type
of
duty
not
in
federal
service
and
not
full
-
time
duty
in
the
active
26
service
of
the
state,
under
an
order
issued
by
authority
of
law
and
in
-
27
cludes
travel
to
and
from
such
duty;
28
(3)
(A)
The
term
"judge
advocate"
means
a
commissioned
officer
of
29
the
organized
state
military
forces
who
is
a
member
in
good
stand
-
30
ing
of
the
bar
of
the
highest
court
of
a
state
,
territory,
common
-
31
wealth,
or
the
District
of
Columbia
and
is:
32
(A)
(i)
Certified
or
designated
as
a
judge
advocate
in
the
33
judge
advocate
general's
corps
of
the
army,
air
force,
navy,
34
or
the
marine
corps
,
space
force,
or
designated
as
a
law
spe
-
35
cialist
as
an
officer
of
the
coast
guard,
or
a
reserve
compo
-
36
nent
of
one
of
these;
or
37

2
(B)
(ii)
Certified
as
a
nonfederally
recognized
judge
ad
-
1
vocate,
under
regulations
promulgated
pursuant
to
this
pro
-
2
vision,
by
the
senior
judge
advocate
of
the
commander
of
the
3
force
in
the
state
military
forces
of
which
the
accused
is
a
4
member,
as
competent
to
perform
such
military
justice
duties
5
required
by
this
code.
If
there
is
no
such
judge
advocate
6
available,
then
such
certification
may
be
made
by
such
se
-
7
nior
judge
advocate
of
the
commander
of
another
force
in
the
8
state
military
forces,
as
the
convening
authority
directs;
9
(B)
A
judge
advocate
who
is
not
licensed
to
practice
law
in
this
10
state
may
practice
military
law
in
this
state
if
such
judge
advo
-
1
1
cate
is
in
active
duty
status
under:
12
(i)
10
U.S.C.;
or
13
(ii)
32
U.S.C.;
14
(4)
"State"
means
one
of
the
several
states,
the
District
of
Columbia,
15
the
Commonwealth
of
Puerto
Rico,
Guam,
and
the
U.S.
Virgin
Islands;
16
(5)
"State
active
duty"
means
full
-
time
duty
in
the
state
military
17
forces
under
an
order
of
the
governor
or
otherwise
issued
by
authority
18
of
law,
and
paid
by
state
funds,
and
includes
travel
to
and
from
such
19
duty;
20
(6)
"Senior
force
judge
advocate"
means
the
senior
judge
advocate
of
21
the
commander
of
the
same
force
of
the
state
military
forces
as
the
ac
-
22
cused
and
who
is
that
commander's
chief
legal
advisor;
23
(7)
"State
military
forces"
means
the
national
guard
of
the
state
of
24
Idaho,
as
defined
in
title
32,
United
States
Code,
the
organized
naval
25
militia
of
the
state,
32
U.S.C.,
and
any
other
military
force
organized
26
under
the
constitution
and
laws
of
the
state
of
Idaho,
not
to
include
27
the
unorganized
militia,
when
not
in
a
status
subjecting
them
to
exclu
-
28
sive
jurisdiction
under
10
U.S.C.
chapter
47.
The
unorganized
militia,
29
state
defense
force,
state
national
guard,
home
guard
or
any
other
name
30
of
any
state
force
that
does
not
meet
this
definition
shall
not
be
part
31
of
the
"state
military
forces"
under
this
code;
32
(8)
"Senior
force
commander"
means
the
commander
of
the
same
force
of
33
the
state
military
forces
as
the
accused;
34
(9)
"Commanding
officer"
means
only
commissioned
officers
;
.
A
commis
-
35
sioned
officer
who,
by
virtue
of
that
officer's
grade
and
assignment,
36
exercises
primary
command
authority
over
a
state
militia
organization
37
or
prescribed
territorial
area
under
pertinent
official
directives
is
38
recognized
as
a
commanding
officer.
"Commanding
officer"
shall
include
39
officers
in
charge
when
administering
nonjudicial
punishment
under
40
article
15
of
this
code.
The
term
"commander"
has
the
same
meaning
as
41
"commanding
officer"
unless
the
context
otherwise
requires;
42
(10)
"Superior
commissioned
officer"
means
a
commissioned
officer
su
-
43
perior
in
rank,
grade,
or
command;
44
(11)
"Military"
means
any
or
all
of
the
state
military
forces;
45
(12)
"Accuser"
means
a
person
who
signs
and
swears
to
charges,
any
46
person
who
directs
that
charges
nominally
be
signed
and
sworn
to
by
an
-
47
other,
and
any
other
person
who
has
an
interest
other
than
an
official
48
interest
in
the
prosecution
of
the
accused;
49

3
(13)
"Military
judge"
means
an
official
of
a
general
or
special
court
-
1
martial
detailed
in
accordance
with
article
26;
2
(14)
"Legal
officer"
means
any
commissioned
officer
designated
as
a
3
judge
advocate
to
perform
legal
duties
for
a
command;
4
(15)
"Record,"
when
used
in
connection
with
the
proceedings
of
a
court
-
5
martial,
means:
6
(A)
An
official
written
transcript,
written
summary,
or
other
7
writing
relating
to
the
proceedings;
or
8
(B)
An
official
audiotape,
videotape,
or
similar
material
from
9
which
sound,
or
sound
and
visual
images,
depicting
the
proceedings
10
may
be
reproduced;
1
1
(16)
"Classified
information"
means:
12
(A)
Any
information
or
material
that
has
been
determined
by
an
of
-
13
ficial
of
the
United
States
pursuant
to
law,
an
executive
order,
or
14
regulation
to
require
protection
against
unauthorized
disclosure
15
for
reasons
of
national
security;
and
16
(B)
Any
restricted
data,
as
defined
in
section
11(y)
of
the
atomic
17
energy
act
of
1954,
42
U.S.C.
2014(y);
18
(17)
"National
security"
means
the
national
defense
and
foreign
rela
-
19
tions
of
the
United
States;
20
(18)
"Military
offenses"
means
those
offenses
prescribed
under
arti
-
21
cles
77
through
117,
123,
124a,
124b,
and
131b
through
134.
22
(b)
The
use
of
the
masculine
gender
throughout
this
code
shall
also
in
-
23
clude
the
feminine
gender.
24
ARTICLE
2.
PERSONS
SUBJECT
TO
THIS
CODE
-
-
JURISDICTION
25
(a)
This
code
applies
to
all
members
of
the
state
military
forces
when
26
serving
in
a
title
32
status
or
state
active
duty
status
as
defined
in
article
27
1(a)(5)
of
this
code.
This
code
does
not
apply
to
members
serving
in
a
title
28
10
status
or
members
of
the
unorganized
militia
as
defined
in
section
46
-
102,
29
Idaho
Code.
30
(b)
Subject
matter
jurisdiction
is
established
if
a
nexus
exists
be
-
31
tween
an
offense,
either
military
or
nonmilitary,
and
the
state
military
32
force,
regardless
of
duty
status.
Courts
-
martial
convened
by
the
governor
33
or
his
designated
representative
have
primary
jurisdiction
of
military
of
-
34
fenses
as
defined
in
article
1(a)(18)
of
this
code.
A
proper
civilian
court
35
has
primary
jurisdiction
of
a
nonmilitary
offense
when
an
act
or
omission
36
violates
both
this
code
and
local
criminal
law,
foreign
or
domestic.
In
such
37
a
case,
a
court
-
martial
may
be
initiated
only
after
the
civilian
authority
38
has
declined
to
prosecute
or
dismissed
the
charge,
provided
jeopardy
has
not
39
attached.
Jurisdiction
over
attempted
crimes,
conspiracy
crimes,
solicita
-
40
tion,
and
accessory
crimes
must
be
determined
by
the
underlying
offense.
41
ARTICLE
3.
JURISDICTION
TO
TRY
CERTAIN
PERSONNEL
42
(a)
Subject
to
article
43,
a
person
who
is
in
a
status
in
which
the
43
person
is
subject
to
this
chapter
and
who
committed
an
offense
against
this
44
chapter
while
formerly
in
a
status
in
which
the
person
was
subject
to
this
45

4
chapter
is
not
relieved
from
amenability
to
the
jurisdiction
of
this
chapter
1
for
that
offense
by
reason
of
a
termination
of
that
person's
former
status.
2
(b)
Each
person
discharged
from
the
state
military
forces
who
is
later
3
charged
with
having
fraudulently
obtained
his
discharge
is,
subject
to
ar
-
4
ticle
43,
subject
to
trial
by
court
-
martial
on
that
charge
and
is,
after
ap
-
5
prehension,
subject
to
this
chapter
while
in
the
custody
of
the
state
mili
-
6
tary
forces
for
that
trial.
Upon
conviction
of
that
charge,
he
is
subject
to
7
trial
by
court
-
martial
for
all
offenses
under
this
chapter
committed
before
8
the
fraudulent
discharge.
9
(c)
No
person
who
has
deserted
from
the
state
military
forces
may
be
re
-
10
lieved
from
amenability
to
the
jurisdiction
of
this
chapter
by
virtue
of
a
1
1
separation
from
any
later
period
of
service.
12
(d)
A
member
of
the
state
military
forces
who
is
subject
to
this
chapter
13
is
not,
by
virtue
of
the
termination
of
a
period
of
active
duty
for
training
14
or
inactive
-
duty
training,
relieved
from
amenability
to
the
jurisdiction
of
15
this
chapter
for
an
offense
against
this
chapter
committed
during
such
pe
-
16
riod
of
active
duty
or
inactive
-
duty
training.
17
ARTICLE
4.
DISMISSED
OFFICER'S
RIGHT
TO
TRIAL
BY
COURT
-
MARTIAL
18
(a)
If
any
commissioned
officer,
dismissed
by
order
of
the
governor
19
or
his
designated
representative,
makes
a
written
application
for
trial
by
20
court
-
martial,
setting
forth,
under
oath,
that
he
has
been
wrongfully
dis
-
21
missed,
the
governor
or
his
designated
representative,
as
soon
as
practica
-
22
ble,
shall
convene
a
general
court
-
martial
to
try
that
officer
on
the
charges
23
on
which
he
was
dismissed.
A
court
-
martial
so
convened
has
jurisdiction
24
to
try
the
dismissed
officer
on
those
charges,
and
he
shall
be
considered
25
to
have
waived
the
right
to
plead
any
statute
of
limitations
applicable
to
26
any
offense
with
which
he
is
charged.
The
court
-
martial
may,
as
part
of
its
27
sentence,
adjudge
the
affirmance
of
the
dismissal,
but
if
the
court
-
martial
28
acquits
the
accused
or
if
the
sentence
adjudged,
as
finally
approved
or
af
-
29
firmed,
the
adjutant
general
shall
substitute
for
the
dismissal
ordered
by
30
the
governor
or
his
designated
representative
a
form
of
discharge
authorized
31
for
administrative
issue.
32
(b)
If
the
governor
or
his
designated
representative
fails
to
convene
a
33
general
court
-
martial
within
six
(6)
months
from
the
presentation
of
an
ap
-
34
plication
for
trial
under
this
article,
the
adjutant
general
shall
substi
-
35
tute
for
the
dismissal
ordered
by
the
governor
or
his
designated
representa
-
36
tive
a
form
of
discharge
authorized
for
administrative
issue.
37
(c)
If
a
discharge
is
substituted
for
a
dismissal
under
this
article,
38
the
governor
or
his
designated
representative
alone
may
reappoint
the
offi
-
39
cer
to
such
commissioned
grade
and
with
such
rank
as,
in
the
opinion
of
the
40
governor
or
his
designated
representative,
that
former
officer
would
have
41
attained
had
he
not
been
dismissed.
The
reappointment
of
such
a
former
offi
-
42
cer
shall
be
without
regard
to
the
existence
of
a
vacancy
and
shall
affect
the
43
promotion
status
of
other
officers
only
insofar
as
the
governor
or
his
des
-
44
ignated
representative
may
direct.
All
time
between
the
dismissal
and
the
45
reappointment
shall
be
considered
as
actual
service
for
all
purposes,
in
-
46
cluding
the
right
to
pay
and
allowances.
47

5
(d)
If
an
officer
is
discharged
from
any
armed
force
by
administrative
1
action
or
is
dropped
from
the
rolls
by
order
of
the
governor
or
his
designated
2
representative,
he
has
no
right
to
trial
under
this
article.
3
ARTICLE
5.
TERRITORIAL
APPLICABILITY
OF
THE
CODE
4
(a)
This
code
has
applicability
at
all
times
and
in
all
places
subject
5
to
the
personal
jurisdiction
as
provided
in
article
2
of
this
code,
or,
if
6
not
in
a
duty
status,
that
there
is
a
nexus
between
the
act
or
omission
con
-
7
stituting
the
offense
and
the
efficient
functioning
of
the
state
military
8
forces;
however,
this
grant
of
military
jurisdiction
shall
neither
preclude
9
nor
limit
civilian
jurisdiction
over
an
offense,
which
is
limited
only
by
the
10
prohibition
of
double
jeopardy.
1
1
(b)
Courts
-
martial
and
courts
of
inquiry
may
be
convened
and
held
in
12
units
of
the
state
military
forces
while
those
units
are
serving
outside
the
13
state
with
the
same
jurisdiction
and
powers
as
to
persons
subject
to
this
14
code
as
if
the
proceedings
were
held
inside
the
state,
and
offenses
commit
-
15
ted
outside
the
state
may
be
tried
and
punished
either
inside
or
outside
the
16
state.
17
ARTICLE
6.
JUDGE
ADVOCATES
AND
LEGAL
OFFICERS
18
(a)
The
senior
force
judge
advocates
in
each
of
the
state
's
military
19
forces
or
that
judge
advocate's
delegates
shall
make
frequent
inspections
in
20
the
field
in
supervision
of
the
administration
of
military
justice
in
that
21
force.
22
(b)
Convening
authorities
shall
at
all
times
communicate
directly
with
23
their
staff
judge
advocates
or
legal
officers
in
matters
relating
to
the
ad
-
24
ministration
of
military
justice.
The
staff
judge
advocate
or
legal
officer
25
of
any
command
is
entitled
to
communicate
directly
with
the
staff
judge
advo
-
26
cate
or
legal
officer
of
a
superior
or
subordinate
command,
or
with
the
state
27
judge
advocate.
28
(c)(1)
No
person
who,
with
respect
to
a
case,
serves
in
a
capacity
spec
-
29
ified
in
paragraph
(2)
of
this
subsection,
may
later
serve
as
a
staff
30
judge
advocate
or
legal
officer
to
any
reviewing
or
convening
authority
31
upon
the
same
case.
32
(2)
The
capacities
referred
to
in
paragraph
(1)
of
this
subsection
are,
33
with
respect
to
the
case
involved,
any
of
the
following:
34
(A)
Preliminary
hearing
officer,
court
member,
military
judge,
35
military
magistrate,
or
appellate
judge;
or
36
(B)
Counsel
who
have
acted
in
the
same
case
or
appeared
in
any
pro
-
37
ceeding
before
a
military
judge,
military
magistrate,
preliminary
38
hearing
officer,
or
appellate
court.
39
ARTICLE
6a.
INVESTIGATION
AND
DISPOSITION
OF
MAT
-
40
TERS
PERTAINING
TO
THE
FITNESS
OF
MILITARY
JUDGES
41
(a)
The
governor
or
his
designee
shall
prescribe
procedures
for
the
42
investigation
and
disposition
of
charges,
allegations,
or
information
per
-
43

6
taining
to
the
fitness
of
a
military
appellate
judge,
military
judge,
or
1
military
magistrate
to
perform
the
duties
of
the
position
involved.
2
(b)
The
governor
or
his
designee
shall
transmit
a
copy
of
the
proce
-
3
dures
prescribed
pursuant
to
this
article
to
the
appropriate
committees
of
4
the
Idaho
senate
and
Idaho
house
of
representatives.
5
ARTICLE
6b.
RIGHTS
OF
THE
VICTIM
OF
AN
OFFENSE
UNDER
THIS
CODE
6
(a)
A
victim
of
an
offense
under
this
code
has
the
following
rights:
7
(1)
The
right
to
be
reasonably
protected
from
the
accused.
8
(2)
The
right
to
reasonable,
accurate,
and
timely
notice
of
any
of
the
9
following:
10
(A)
A
public
hearing
concerning
the
continuation
of
confinement
1
1
prior
to
trial
of
the
accused;
12
(B)
A
preliminary
hearing
under
article
32
relating
to
the
of
-
13
fense;
14
(C)
A
court
-
martial
relating
to
the
offense;
15
(D)
A
public
proceeding
of
the
service
clemency
and
parole
board
16
relating
to
the
offense;
and
17
(E)
The
release
or
escape
of
the
accused,
unless
such
notice
may
18
endanger
the
safety
of
any
person.
19
(3)
The
right
not
to
be
excluded
from
any
public
hearing
or
proceed
-
20
ing
described
in
paragraph
(2)
of
this
subsection
unless
the
military
21
judge
or
preliminary
hearing
officer,
as
applicable,
after
receiving
22
clear
and
convincing
evidence,
determines
that
testimony
by
the
victim
23
of
an
offense
under
this
chapter
would
be
materially
altered
if
the
vic
-
24
tim
heard
other
testimony
at
that
hearing
or
proceeding.
25
(4)
The
right
to
be
reasonably
heard
at
any
of
the
following:
26
(A)
A
public
hearing
concerning
the
continuation
of
confinement
27
prior
to
trial
of
the
accused;
28
(B)
A
sentencing
hearing
relating
to
the
offense;
and
29
(C)
A
public
proceeding
of
the
service
clemency
and
parole
board
30
relating
to
the
offense.
31
(5)
The
reasonable
right
to
confer
with
the
counsel
representing
the
32
government
at
any
proceeding
described
in
paragraph
(2)
of
this
subsec
-
33
tion.
34
(6)
The
right
to
receive
restitution
as
provided
in
law.
35
(7)
The
right
to
proceedings
free
from
unreasonable
delay.
36
(8)
The
right
to
be
treated
with
fairness
and
with
respect
for
the
dig
-
37
nity
and
privacy
of
the
victim
of
an
offense
under
this
code.
38
(b)
In
this
article,
"victim
of
an
offense
under
this
code"
means
an
in
-
39
dividual
who
has
suffered
direct
physical,
emotional,
or
pecuniary
harm
as
a
40
result
of
the
commission
of
an
offense
under
this
code.
41
(c)
In
the
case
of
a
victim
of
an
offense
under
this
code
who
is
under
42
eighteen
(18)
years
of
age
,
but
who
is
not
a
member
of
the
state
military
43
forces,
incompetent,
incapacitated,
or
deceased,
the
legal
guardians
of
the
44
victim
or
the
representatives
of
the
victim's
estate,
family
members,
or
any
45
other
person
designated
as
suitable
by
the
military
judge,
may
assume
the
46
rights
of
the
victim
under
this
article.
47
(d)
Enforcement
by
the
Idaho
state
courts:
48

7
(1)
If
the
victim
of
an
offense
under
this
chapter
believes
that
an
ar
-
1
ticle
32
preliminary
hearing
ruling
or
a
court
-
martial
ruling
violates
2
the
rights
of
the
victim
afforded
by
the
provisions
of
this
article,
in
-
3
cluding
provisions
specified
in
subsection
(a)(4)
of
this
article,
the
4
victim
may
petition
the
Idaho
state
courts
in
accordance
with
the
appli
-
5
cable
rules
of
procedure
of
the
Idaho
state
courts
for
a
writ
of
mandamus
6
to
require
the
preliminary
hearing
officer
or
the
court
-
martial
to
com
-
7
ply
with
the
provisions
of
this
article.
8
(2)
Paragraph
(1)
of
this
subsection
applies
with
respect
to
the
pro
-
9
tections
afforded
by
the
following:
10
(A)
The
provisions
of
this
article;
1
1
(B)
Military
rule
of
evidence
513,
relating
to
the
psychothera
-
12
pist
-
patient
privilege;
13
(C)
Military
rule
of
evidence
514,
relating
to
the
victim
advo
-
14
cate
-
victim
privilege;
and
15
(D)
Military
rule
of
evidence
615,
relating
to
the
exclusion
of
16
witnesses.
17
(e)
Upon
notice
by
counsel
for
the
government
to
counsel
for
the
accused
18
of
the
name
of
an
alleged
victim
of
an
offense
under
this
article
who
counsel
19
for
the
government
intends
to
call
as
a
witness
at
a
proceeding
under
this
ar
-
20
ticle,
counsel
for
the
accused
shall
make
any
request
to
interview
the
victim
21
through
the
special
victims'
counsel
or
other
counsel
for
the
victim,
if
ap
-
22
plicable.
23
(f)
If
requested
by
an
alleged
victim
who
is
subject
to
a
request
for
in
-
24
terview
under
subsection
(e)
of
this
article,
any
interview
of
the
victim
by
25
counsel
for
the
accused
shall
take
place
only
in
the
presence
of
the
counsel
26
for
the
government,
a
counsel
for
the
victim,
or,
if
applicable,
a
victim
ad
-
27
vocate.
28
PART
II.
APPREHENSION
AND
RESTRAINT
29
ARTICLE
7.
APPREHENSION
30
(a)
Apprehension
is
the
taking
of
a
person
into
custody.
31
(b)
Any
person
authorized
by
this
code
or
by
10
U.S.C.
chapter
47,
or
by
32
regulations
issued
under
either,
to
apprehend
persons
subject
to
this
code,
33
any
marshal
of
a
court
-
martial
appointed
pursuant
to
the
provisions
of
this
34
code,
and
any
peace
officer
or
civil
officer
having
authority
to
apprehend
35
offenders
under
the
laws
of
the
United
States
or
of
a
state,
including
,
but
36
not
limited
to
,
section
46
-
1103,
Idaho
Code,
may
do
so
upon
probable
cause
37
that
an
offense
has
been
committed
and
that
the
person
apprehended
committed
38
it.
However,
no
warrantless
arrest
is
authorized
for
misdemeanor
offenses
39
under
title
18,
Idaho
Code,
that
did
not
occur
in
the
presence
of
the
appre
-
40
hender.
41
(c)
Commissioned
officers,
warrant
officers,
petty
officers,
and
non
-
42
commissioned
officers
have
authority
to
quell
quarrels,
frays,
and
disor
-
43
ders
among
persons
subject
to
this
code
and
to
apprehend
persons
subject
to
44
this
code
who
take
part
therein.
45

8
(d)
If
an
offender
is
apprehended
outside
the
state,
the
offender's
re
-
1
turn
to
the
area
must
be
in
accordance
with
normal
extradition
procedures
or
2
by
reciprocal
agreement.
3
(e)
No
person
authorized
by
this
article
to
apprehend
persons
subject
4
to
this
code
or
the
place
where
such
offender
is
confined,
restrained,
held,
5
or
otherwise
housed
may
require
payment
of
any
fee
or
charge
for
so
receiv
-
6
ing,
apprehending,
confining,
restraining,
holding,
or
otherwise
housing
a
7
person
except
as
otherwise
provided
by
law.
8
ARTICLE
8.
APPREHENSION
OF
DESERTERS
9
Any
civil
officer
having
authority
to
apprehend
offenders
under
the
laws
of
10
the
United
States
or
of
a
state,
commonwealth,
possession,
or
the
District
of
1
1
Columbia
may
summarily
apprehend
a
deserter
from
the
state
military
forces
12
and
deliver
him
into
the
custody
of
those
forces.
13
ARTICLE
9.
IMPOSITION
OF
RESTRAINT
14
(a)
Arrest
is
the
restraint
of
a
person
by
an
order,
not
imposed
as
a
15
punishment
for
an
offense,
directing
him
to
remain
within
certain
specified
16
limits.
Confinement
is
the
physical
restraint
of
a
person.
17
(b)
An
enlisted
member
may
be
ordered
into
arrest
or
confinement
by
any
18
commissioned
officer
by
an
order,
oral
or
written,
delivered
in
person
or
19
through
other
persons
subject
to
this
code.
A
commanding
officer
may
autho
-
20
rize
warrant
officers,
petty
officers,
or
noncommissioned
officers
to
order
21
enlisted
members
of
the
commanding
officer's
command
or
subject
to
the
com
-
22
manding
officer's
authority
into
arrest
or
confinement.
23
(c)
A
commissioned
officer,
a
warrant
officer,
or
a
civilian
subject
to
24
this
code
or
to
trial
thereunder
may
be
ordered
into
arrest
or
confinement
25
only
by
a
commanding
officer
to
whose
authority
the
person
is
subject,
by
an
26
order,
oral
or
written,
delivered
in
person
or
by
another
commissioned
offi
-
27
cer.
The
authority
to
order
such
persons
into
arrest
or
confinement
may
not
28
be
delegated.
29
(d)
No
person
may
be
ordered
into
arrest
or
confinement
except
for
prob
-
30
able
cause.
However,
no
warrantless
arrest
is
authorized
for
a
misdemeanor
31
offense
under
title
18,
Idaho
Code,
that
did
not
occur
in
the
presence
of
the
32
apprehender.
33
(e)
This
article
does
not
limit
the
authority
of
persons
authorized
34
to
apprehend
offenders
to
secure
the
custody
of
an
alleged
offender
until
35
proper
authority
may
be
notified.
36
ARTICLE
10.
RESTRAINT
OF
PERSONS
CHARGED
37
(a)
In
general.
38
(1)
Subject
to
article
9
and
paragraph
(2)
of
this
subsection,
any
per
-
39
son
subject
to
this
chapter
who
is
charged
with
an
offense
under
this
40
chapter
may
be
ordered
into
arrest
or
confinement
as
the
circumstances
41
require.
42

9
(2)
When
a
person
subject
to
this
chapter
is
charged
only
with
an
of
-
1
fense
that
is
normally
tried
by
summary
court
-
martial,
the
person
ordi
-
2
narily
shall
not
be
ordered
into
confinement.
3
(b)
Notification
to
accused
and
related
procedures.
4
(1)
When
a
person
subject
to
this
chapter
is
ordered
into
arrest
or
con
-
5
finement
before
trial,
immediate
steps
shall
be
taken:
6
(A)
To
inform
the
person
of
the
specific
offense
of
which
the
per
-
7
son
is
accused;
and
8
(B)
To
try
the
person
or
to
dismiss
the
charges
and
release
the
9
person.
10
(2)
To
facilitate
compliance
with
paragraph
(1)
of
this
subsection,
the
1
1
governor
or
his
designee
shall
prescribe
regulations
setting
forth
pro
-
12
cedures
relating
to
referral
for
trial,
including
procedures
for
prompt
13
forwarding
of
the
charges
and
specifications
and,
if
applicable,
the
14
preliminary
hearing
report
submitted
under
article
32.
15
ARTICLE
11.
PLACE
OF
CONFINEMENT
-
-
REPORTS
AND
RECEIVING
OF
PRISONERS
16
(a)
If
a
person
subject
to
this
code
is
confined
before,
during,
or
af
-
17
ter
trial,
confinement
shall
be
in
a
civilian
or
military
confinement
facil
-
18
ity.
19
(b)
No
person
authorized
to
receive
prisoners
pursuant
to
subsection
20
(a)
of
this
article
may
refuse
to
receive
or
keep
any
prisoner
committed
to
21
the
person's
charge
by
a
commissioned
officer
of
the
state
military
forces,
22
when
the
committing
officer
furnishes
a
statement,
signed
by
such
officer,
23
of
the
offense
charged
against
the
prisoner,
unless
otherwise
authorized
by
24
law.
25
(c)
Every
person
authorized
to
receive
prisoners
pursuant
to
subsec
-
26
tion
(a)
of
this
article
to
whose
charge
a
prisoner
is
committed
shall,
27
within
twenty
-
four
(24)
hours
after
that
commitment
or
as
soon
as
the
person
28
is
relieved
from
guard,
report
to
the
commanding
officer
of
the
prisoner
the
29
name
of
the
prisoner,
the
offense
charged
against
the
prisoner,
and
the
name
30
of
the
person
who
ordered
or
authorized
the
commitment.
31
ARTICLE
12.
CONFINEMENT
WITH
ENEMY
PRISONERS
PROHIBITED
32
No
member
of
the
state
military
forces
may
be
placed
in
military
confinement
33
in
immediate
association
with
enemy
prisoners
or
other
foreign
nationals
not
34
members
of
the
armed
forces.
This
article
shall
not
apply
to
confinement
of
35
state
military
forces
in
civilian
confinement
facilities.
36
ARTICLE
13.
PUNISHMENT
PROHIBITED
BEFORE
TRIAL
37
No
person,
while
being
held
for
trial
or
awaiting
a
verdict,
may
be
subjected
38
to
punishment
or
penalty
other
than
arrest
or
confinement
upon
the
charges
39
pending
against
the
person,
nor
shall
the
arrest
or
confinement
imposed
upon
40
such
person
be
any
more
rigorous
than
the
circumstances
required
to
ensure
41
the
person's
presence.
42

10
ARTICLE
14.
DELIVERY
OF
OFFENDERS
TO
CIVIL
AUTHORITIES
1
(a)
A
person
subject
to
this
code
accused
of
an
offense
against
civil
2
authority
may
be
delivered,
upon
request,
to
the
civil
authority
for
trial
or
3
confinement.
4
(b)
When
delivery
under
this
article
is
made
to
any
civil
authority
of
5
a
person
undergoing
sentence
of
a
court
-
martial,
the
delivery,
if
followed
6
by
conviction
in
a
civil
tribunal,
interrupts
the
execution
of
the
sentence
7
of
the
court
-
martial,
and
the
offender
after
having
answered
to
the
civil
au
-
8
thorities
for
the
offense
shall,
upon
the
request
of
competent
military
au
-
9
thority,
be
returned
to
the
place
of
original
custody
for
the
completion
of
10
the
person's
sentence.
1
1
PART
III.
NONJUDICIAL
PUNISHMENT
12
ARTICLE
15.
COMMANDING
OFFICER'S
NONJUDICIAL
PUNISHMENT
13
(a)
Under
such
regulations
as
prescribed,
any
commanding
officer
(and
14
for
purposes
of
this
article,
officers
-
in
-
charge)
may
impose
disciplinary
15
punishments
for
minor
offenses
without
the
intervention
of
a
court
-
martial
16
pursuant
to
this
article.
The
governor,
the
adjutant
general,
or
an
officer
17
of
a
general
or
flag
rank
in
command
may
delegate
the
powers
under
this
arti
-
18
cle
to
a
principal
assistant
who
is
a
member
of
the
state
military
forces.
19
(b)
Any
commanding
officer
may
impose
upon
enlisted
members
of
the
of
-
20
ficer's
command:
21
(1)
An
admonition;
22
(2)
A
reprimand;
23
(3)
The
withholding
of
privileges
for
not
more
than
six
(6)
months;
24
(4)
The
forfeiture
of
pay
of
not
more
than
seven
(7)
days'
pay;
25
(5)
A
fine
of
not
more
than
seven
(7)
days'
pay;
26
(6)
A
reduction
to
the
next
inferior
pay
grade
,
if
the
grade
from
which
27
demoted
is
within
the
promotion
authority
of
the
officer
imposing
the
28
reduction
or
any
officer
subordinate
to
the
one
who
imposes
the
reduc
-
29
tion
;
30
(7)
Extra
duties,
including
fatigue
or
other
duties,
for
not
more
than
31
fourteen
(14)
days,
which
need
not
be
consecutive;
and
32
(8)
Restriction
to
certain
specified
limits,
with
or
without
suspen
-
33
sion
from
duty,
for
not
more
than
fourteen
(14)
days,
which
need
not
be
34
consecutive.
35
(c)
Any
commanding
officer
of
the
grade
of
major
or
lieutenant
comman
-
36
der,
O
-
4
or
above
,
may
impose
upon
enlisted
members
of
the
officer's
command:
37
(1)
Any
punishment
authorized
in
subsection
(b)(1),
(2)
and
(3)
of
this
38
article;
39
(2)
The
forfeiture
of
not
more
than
one
-
half
(1/2)
of
one
(1)
month's
40
pay
per
month
for
two
(2)
months;
41
(3)
A
fine
of
not
more
than
one
(1)
month's
pay;
42
(4)
A
reduction
to
the
lowest
or
any
intermediate
pay
grade,
if
the
43
grade
from
which
demoted
is
within
the
promotion
authority
of
the
of
-
44
ficer
imposing
the
reduction
or
any
officer
subordinate
to
the
one
who
45

11
imposes
the
reduction,
but
an
enlisted
member
in
a
pay
grade
above
E
-
4
1
may
not
be
reduced
more
than
two
(2)
pay
grades;
2
(5)
Extra
duties,
including
fatigue
or
other
duties,
for
not
more
than
3
forty
-
five
(45)
days,
which
need
not
be
consecutive;
and
4
(6)
Restriction
to
certain
specified
limits,
with
or
without
suspen
-
5
sion
from
duty,
for
not
more
than
sixty
(60)
days,
which
need
not
be
con
-
6
secutive.
7
(d)
The
governor,
the
adjutant
general,
an
officer
exercising
general
8
court
-
martial
convening
authority,
or
an
officer
of
a
general
or
flag
rank
in
9
command
may
impose:
10
(1)
Upon
officers
of
the
officer's
command:
1
1
(A)
Any
punishment
authorized
in
subsection
(c)(1),
(2),
(3)
and
12
(6)
of
this
article;
and
13
(B)
Arrest
in
quarters
for
not
more
than
thirty
(30)
days,
which
14
need
not
be
consecutive.
15
(2)
Upon
enlisted
members
of
the
officer's
command:
16
(A)
Any
punishment
authorized
in
subsection
(c)
of
this
article.
17
(e)
Whenever
any
of
those
punishments
are
combined
to
run
consec
-
18
utively,
the
total
length
of
the
combined
punishment
cannot
exceed
the
19
authorized
duration
of
the
longest
punishment
in
the
combination,
and
there
20
must
be
an
apportionment
of
punishments
so
that
no
single
punishment
in
the
21
combination
exceeds
its
authorized
length
under
this
article.
22
(f)
Except
in
the
case
of
a
member
attached
to
or
embarked
in
a
vessel,
23
punishment
under
this
article
may
not
be
imposed
on
any
member
under
this
ar
-
24
ticle
if
the
member
has,
before
the
imposition
of
such
punishment,
demanded
25
trial
by
court
-
martial
in
lieu
of
such
punishment.
Except
when
punishment
26
includes
arrest,
confinement,
or
restriction
to
certain
specified
limits,
27
a
member
may
not
demand
trial
by
court
-
martial.
If
any
punishment
sought
28
includes
arrest,
confinement,
or
restriction,
a
member
may
demand
trial
by
29
court
-
martial
if
the
demand
occurs
before
the
imposition
of
punishment.
30
(g)
The
officer
who
imposes
the
punishment,
or
the
successor
in
com
-
31
mand,
may,
at
any
time,
suspend,
set
aside,
mitigate,
or
remit
any
part
or
32
amount
of
the
punishment
and
restore
all
rights,
privileges,
and
property
33
affected.
The
officer
also
may:
34
(1)
Mitigate
reduction
in
grade
to
forfeiture
of
pay;
35
(2)
Mitigate
arrest
in
quarters
to
restriction;
or
36
(3)
Mitigate
extra
duties
to
restriction.
37
The
mitigated
punishment
shall
not
be
for
a
greater
period
than
the
punish
-
38
ment
mitigated.
When
mitigating
reduction
in
grade
to
forfeiture
of
pay,
the
39
amount
of
the
forfeiture
shall
not
be
greater
than
the
amount
that
could
have
40
been
imposed
initially
under
this
article
by
the
officer
who
imposed
the
pun
-
41
ishment
mitigated.
42
(h)
A
person
punished
under
this
article
who
considers
the
punishment
43
unjust
or
disproportionate
to
the
offense
may,
through
the
proper
channel,
44
appeal
to
the
next
superior
authority
within
fifteen
(15)
days
after
the
pun
-
45
ishment
is
either
announced
or
sent
to
the
accused,
as
the
commander
may
de
-
46
termine.
The
appeal
shall
be
promptly
forwarded
and
decided,
but
the
person
47
punished
may
in
the
meantime
be
required
to
undergo
the
punishment
adjudged.
48
The
superior
authority
may
exercise
the
same
powers
with
respect
to
the
pun
-
49
ishment
imposed
as
may
be
exercised
under
subsection
(g)
of
this
article
by
50

12
the
officer
who
imposed
the
punishment.
Unless
the
superior
authority
is
an
1
O
-
7,
the
member
may
appeal
up
through
and
to
the
member's
O
-
7
commander.
All
2
superior
authorities
who
review
such
appeal
shall
exercise
the
same
powers
3
with
respect
to
the
punishment
as
the
officer
who
imposed
the
original
pun
-
4
ishment.
Before
acting
on
an
appeal
from
a
punishment,
the
authority
that
is
5
to
act
on
the
appeal
may
refer
the
case
to
a
judge
advocate
for
consideration
6
and
advice.
7
(i)
The
imposition
and
enforcement
of
disciplinary
punishment
under
8
this
article
for
any
act
or
omission
is
not
a
bar
to
trial
by
court
-
martial
9
or
a
civilian
court
of
competent
jurisdiction
for
a
serious
crime
or
offense
10
growing
out
of
the
same
act
or
omission
and
not
properly
punishable
under
1
1
this
article;
but
the
fact
that
a
disciplinary
punishment
has
been
enforced
12
may
be
shown
by
the
accused
upon
trial
and,
when
so
shown,
it
shall
be
consid
-
13
ered
in
determining
the
measure
of
punishment
to
be
adjudged
in
the
event
of
14
a
finding
of
guilty.
15
(j)
Whenever
a
punishment
of
forfeiture
of
pay
is
imposed
under
this
ar
-
16
ticle,
the
forfeiture
may
apply
to
pay
accruing
before,
on,
or
after
the
date
17
that
punishment
is
imposed.
18
(k)
Regulations
may
prescribe
the
form
of
records
to
be
kept
of
proceed
-
19
ings
under
this
article
and
may
prescribe
that
certain
categories
of
those
20
proceedings
shall
be
in
writing.
21
PART
IV.
COURT
-
MARTIAL
JURISDICTION
22
ARTICLE
16.
COURTS
-
MARTIAL
CLASSIFIED
23
The
three
(3)
kinds
of
courts
-
martial
in
the
state
military
forces
are:
24
(1)
General
courts
-
martial,
consisting
of:
25
(A)
A
military
judge
and
not
less
than
five
(5)
members;
or
26
(B)
Only
a
military
judge,
if
before
the
court
is
assembled
the
accused,
27
knowing
the
identity
of
the
military
judge
and
after
consultation
with
28
defense
counsel,
requests
orally
on
the
record
or
in
writing
a
court
29
composed
only
of
a
military
judge
and
the
military
judge
approves;
30
(2)
Special
courts
-
martial,
consisting
of:
31
(A)
A
military
judge
and
not
less
than
three
(3)
members;
or
32
(B)
Only
a
military
judge,
if
one
has
been
detailed
to
the
court,
and
the
33
accused
under
the
same
conditions
as
those
prescribed
in
subsection
(1)
34
(B)
of
this
article
so
requests;
and
35
(3)
Summary
courts
-
martial,
consisting
of
one
(1)
commissioned
offi
-
36
cer.
37
ARTICLE
17.
JURISDICTION
OF
COURTS
-
MARTIAL
IN
GENERAL
38
Each
component
of
the
state
military
forces
has
court
-
martial
jurisdiction
39
over
all
members
of
the
particular
component
who
are
subject
to
this
code.
40
Additionally,
the
army
and
air
national
guard
state
military
forces
have
41
court
-
martial
jurisdiction
over
all
members
subject
to
this
code.
42
ARTICLE
18.
JURISDICTION
OF
GENERAL
COURTS
-
MARTIAL
43

13
Subject
to
article
17
of
this
code,
general
courts
-
martial
have
jurisdiction
1
to
try
persons
subject
to
this
code
for
any
offense
made
punishable
by
this
2
code
and
may,
under
such
limitations
as
the
governor
may
prescribe,
adjudge
3
any
punishment
not
forbidden
by
this
code.
4
ARTICLE
19.
JURISDICTION
OF
SPECIAL
COURTS
-
MARTIAL
5
Subject
to
article
17
of
this
code,
special
courts
-
martial
have
jurisdiction
6
to
try
persons
subject
to
this
code
for
any
offense
made
punishable
by
this
7
code
and
may,
under
such
limitations
as
the
governor
may
prescribe,
adjudge
8
any
punishment
not
forbidden
by
this
code
except
dishonorable
discharge,
9
dismissal,
confinement
for
more
than
one
(1)
year,
forfeiture
of
pay
exceed
-
10
ing
two
-
thirds
(2/3)
pay
per
month,
or
forfeiture
of
pay
for
more
than
one
(1)
1
1
year.
12
ARTICLE
20.
JURISDICTION
OF
SUMMARY
COURTS
-
MARTIAL
13
(a)
Subject
to
article
17
of
this
code,
summary
courts
-
martial
have
ju
-
14
risdiction
to
try
persons
subject
to
this
code,
except
officers,
cadets,
and
15
officer
candidates,
and
midshipmen,
for
any
offense
made
punishable
by
this
16
code
under
such
limitations
as
the
governor
may
prescribe.
17
(b)
No
person
in
the
rank
of
E
-
7
or
above
may
be
brought
to
trial
before
18
a
summary
court
-
martial
if
that
person
objects
thereto.
If
objection
to
19
trial
by
summary
court
-
martial
is
made
by
an
accused
in
the
rank
of
E
-
7
or
20
above,
trial
by
special
or
general
court
-
martial
may
be
ordered,
as
may
be
21
appropriate.
Members
in
the
rank
of
E
-
6
and
below
do
not
have
the
right
to
22
reject
trial
before
a
summary
court
-
martial.
Summary
courts
-
martial
may,
23
under
such
limitations
as
the
governor
may
prescribe,
adjudge
any
punishment
24
not
forbidden
by
this
code
except
dismissal,
dishonorable
or
bad
-
conduct
25
discharge,
confinement
for
more
than
one
(1)
month,
restriction
to
specified
26
limits
for
more
than
two
(2)
months,
or
forfeiture
of
more
than
two
-
thirds
27
(2/3)
of
one
(1)
month's
pay.
28
(c)
A
summary
court
-
martial
is
a
noncriminal
forum.
A
finding
of
guilty
29
at
a
summary
court
-
martial
does
not
constitute
a
criminal
conviction.
30
ARTICLE
21.
RESERVED
31
PART
V.
APPOINTMENT
AND
COMPOSITION
OF
COURTS
-
MARTIAL
32
ARTICLE
22.
WHO
MAY
CONVENE
GENERAL
COURTS
-
MARTIAL
33
(a)
General
courts
-
martial
may
be
convened
by:
34
(1)
The
governor;
35
(2)
The
adjutant
general;
36
(3)
The
commanding
officer
of
a
force
of
the
state
military
forces;
37
(4)
The
commanding
officer
of
a
division
or
a
separate
brigade;
or
38
(5)
The
commanding
officer
of
a
separate
wing.
39
(b)
If
any
such
commanding
officer
is
an
accuser,
the
court
shall
be
40
convened
by
superior
competent
authority
and
may
in
any
case
be
convened
by
41
such
superior
authority
if
considered
desirable
by
such
authority.
42

14
ARTICLE
23.
WHO
MAY
CONVENE
SPECIAL
COURTS
-
MARTIAL
1
(a)
Special
courts
-
martial
may
be
convened
by:
2
(1)
Any
person
who
may
convene
a
general
court
-
martial;
3
(2)
The
commanding
officer
of
a
garrison,
fort,
post,
camp,
station,
or
4
air
national
guard
base
,
or
naval
base
or
station
;
5
(3)
The
commanding
officer
of
a
brigade,
regiment,
detached
battalion,
6
or
corresponding
unit
of
the
army;
7
(4)
The
commanding
officer
of
a
wing,
group,
separate
squadron,
or
cor
-
8
responding
unit
of
the
air
force;
or
9
(5)
The
commanding
officer
or
officer
in
charge
of
any
other
command
10
when
empowered
by
the
adjutant
general.
1
1
(b)
If
any
such
officer
is
an
accuser,
the
court
shall
be
convened
by
12
superior
competent
authority
and
may
in
any
case
be
convened
by
such
superior
13
authority
if
considered
desirable
by
such
authority.
14
ARTICLE
24.
WHO
MAY
CONVENE
SUMMARY
COURTS
-
MARTIAL
15
(a)
Summary
courts
-
martial
may
be
convened
by:
16
(1)
Any
person
who
may
convene
a
general
or
special
court
-
martial;
17
(2)
The
commanding
officer
of
a
detached
company
or
other
detachment,
18
or
corresponding
unit
of
the
army;
19
(3)
The
commanding
officer
of
a
detached
squadron
or
other
detachment,
20
or
corresponding
unit
of
the
air
force;
or
21
(4)
The
commanding
officer
or
officer
in
charge
of
any
other
command
22
when
empowered
by
the
adjutant
general.
23
(b)
When
only
one
(1)
commissioned
officer
is
present
with
a
command
24
or
detachment,
that
officer
shall
be
the
summary
court
-
martial
of
that
com
-
25
mand
or
detachment
and
shall
hear
and
determine
all
summary
court
-
martial
26
cases.
Summary
courts
-
martial
may,
however,
be
convened
in
any
case
by
supe
-
27
rior
competent
authority
if
considered
desirable
by
such
authority.
28
ARTICLE
25.
WHO
MAY
SERVE
ON
COURTS
-
MARTIAL
29
(a)
Any
commissioned
officer
of
the
state
military
forces
is
eligible
30
to
serve
on
all
courts
-
martial
for
the
trial
of
any
person
subject
to
this
31
code.
32
(b)
Any
warrant
officer
of
the
state
military
forces
is
eligible
to
33
serve
on
general
and
special
courts
-
martial
for
the
trial
of
any
person
sub
-
34
ject
to
this
code,
other
than
a
commissioned
officer.
35
(c)(1)
Any
enlisted
member
of
the
state
military
forces
is
eligible
to
36
serve
on
a
general
or
special
court
-
martial
for
the
trial
of
any
other
37
enlisted
member.
38
(2)
Before
a
court
-
martial
with
a
military
judge
and
members
is
assem
-
39
bled
for
trial,
an
enlisted
member
who
is
an
accused
may
personally
re
-
40
quest,
orally
on
the
record
or
in
writing,
that:
41
(A)
The
membership
of
the
court
-
martial
be
comprised
entirely
of
42
officers;
or
43

15
(B)
Enlisted
members
comprise
at
least
one
-
third
(1/3)
of
the
mem
-
1
bership
of
the
court
-
martial,
regardless
of
whether
enlisted
mem
-
2
bers
have
been
detailed
to
the
court
-
martial.
3
(3)
Except
as
provided
in
paragraph
(4)
of
this
subsection,
after
such
4
a
request,
the
accused
may
not
be
tried
by
a
general
or
special
court
-
5
martial
if
the
membership
of
the
court
-
martial
is
inconsistent
with
the
6
request.
7
(4)
If,
because
of
physical
conditions
or
military
exigencies,
a
suf
-
8
ficient
number
of
eligible
officers
or
enlisted
members,
as
the
case
may
9
be,
is
not
available
to
carry
out
the
provisions
of
paragraph
(2)
of
this
10
subsection,
the
trial
may
nevertheless
be
held.
In
that
event,
the
con
-
1
1
vening
authority
shall
make
a
detailed
written
statement
of
the
reasons
12
for
nonavailability.
The
statement
shall
be
appended
to
the
record.
13
(d)(1)
The
accused
in
a
court
-
martial
with
a
military
judge
and
members
14
may,
after
the
findings
are
announced
and
before
any
matter
is
presented
15
in
the
sentencing
phase,
request,
orally
on
the
record
or
in
writing,
16
sentencing
by
members.
17
(2)
The
convening
authority
shall
detail
not
less
than
the
number
of
18
members
necessary
to
impanel
the
court
-
martial
under
article
29.
19
(e)
When
convening
a
court
-
martial,
the
convening
authority
shall
de
-
20
tail
as
members
thereof
such
members
of
the
state
military
forces
as,
in
the
21
convening
authority's
opinion,
are
best
qualified
for
the
duty
by
reason
of
22
age,
education,
training,
experience,
length
of
service,
and
judicial
tem
-
23
perament.
No
member
of
the
state
military
forces
is
eligible
to
serve
as
a
24
member
of
a
general
or
special
court
-
martial
when
that
member
is
the
accuser,
25
a
witness,
or
has
acted
as
investigating
officer
or
as
counsel
in
the
same
26
case.
27
(f)
Before
a
court
-
martial
is
assembled
for
the
trial
of
a
case,
the
28
convening
authority
may
excuse
a
member
of
the
court
from
participating
in
29
the
case.
The
convening
authority
may
delegate
the
authority
under
this
sub
-
30
section
to
a
judge
advocate
or
to
any
other
principal
assistant.
31
ARTICLE
25a.
RESERVED
32
ARTICLE
26.
MILITARY
JUDGE
OF
A
GENERAL
OR
SPECIAL
COURT
-
MARTIAL
33
(a)
A
military
judge
shall
be
detailed
to
each
general
and
special
34
court
-
martial.
35
(b)
A
military
judge
shall
be:
36
(1)
An
active
or
retired
commissioned
officer
of
an
organized
state
37
military
force
and
qualified,
by
reason
of
education,
training,
experi
-
38
ence,
and
judicial
temperament,
for
duty;
39
(2)
A
member
in
good
standing
of
the
bar
of
the
highest
court
of
a
state
40
or
a
member
of
the
bar
of
a
federal
court
for
at
least
five
(5)
years;
41
(3)
Certified
as
a
military
judge
by
the
senior
force
judge
advocate
42
which
is
the
same
force
as
the
accused;
and
43
(4)
Certified
as
qualified,
by
reason
of
education,
training,
experi
-
44
ence,
and
judicial
temperament,
for
duty.
45
(c)
In
the
instance
when
a
military
judge
is
not
a
member
of
the
bar
of
46
the
highest
court
of
the
state,
the
military
judge
shall
be
deemed
admitted
47

16
pro
hac
vice,
subject
to
filing
a
certificate
with
the
senior
force
judge
ad
-
1
vocate
which
is
the
same
force
as
the
accused
setting
forth
such
qualifica
-
2
tions
provided
in
subsection
(b)
of
this
article.
3
(d)
The
military
judge
of
a
general
or
special
court
-
martial
shall
be
4
designated
by
the
senior
force
judge
advocate
which
is
the
same
force
as
the
5
accused,
or
a
designee,
for
detail
by
the
convening
authority.
Neither
the
6
convening
authority
nor
any
staff
member
of
the
convening
authority
shall
7
prepare
or
review
any
report
concerning
the
effectiveness,
fitness,
or
ef
-
8
ficiency
of
the
military
judge
so
detailed,
which
relates
to
performance
of
9
duty
as
a
military
judge.
10
(e)
No
person
is
eligible
to
act
as
military
judge
in
a
case
if
that
per
-
1
1
son
is
the
accuser
or
a
witness,
or
has
acted
as
preliminary
hearing
officer
12
or
a
counsel
in
the
same
case.
13
(f)
The
military
judge
of
a
court
-
martial
may
not
consult
with
the
mem
-
14
bers
of
the
court
except
in
the
presence
of
the
accused,
trial
counsel,
and
15
defense
counsel,
nor
vote
with
the
members
of
the
court.
16
(g)
A
military
judge
may
be
detailed
under
subsection
(a)
of
this
arti
-
17
cle
to
a
court
-
martial
or
a
proceeding
under
article
30
that
is
convened
in
a
18
different
armed
force,
when
so
permitted
by
the
senior
force
judge
advocate
19
of
the
armed
force
of
which
the
military
judge
is
a
member.
20
ARTICLE
26a.
MILITARY
MAGISTRATES
21
(a)
A
military
magistrate
will
be
a
commissioned
officer
of
the
state
22
military
forces
who:
23
(1)
Is
a
member
of
the
bar
of
a
federal
court
or
a
member
of
the
bar
of
the
24
highest
court
of
a
state;
and
25
(2)
Is
certified
to
be
qualified,
by
reason
of
education,
training,
ex
-
26
perience,
and
judicial
temperament,
for
duty
as
a
military
magistrate
27
by
the
state
judge
advocate.
28
(b)
In
accordance
with
regulations
promulgated
by
the
governor
or
his
29
designee,
in
addition
to
duties
when
designated
under
this
code,
a
military
30
magistrate
may
be
assigned
to
perform
other
duties
of
a
nonjudicial
nature.
31
ARTICLE
27.
DETAIL
OF
TRIAL
COUNSEL
AND
DEFENSE
COUNSEL
32
(a)
General
provision:
33
(1)
For
each
general
and
special
court
-
martial,
the
authority
conven
-
34
ing
the
court
shall
detail
trial
counsel,
defense
counsel,
and
such
as
-
35
sistants
as
are
appropriate.
36
(2)
No
person
who,
with
respect
to
a
case,
has
served
as
a
preliminary
37
hearing
officer,
court
member,
military
judge,
military
magistrate,
or
38
appellate
judge
may
later
serve
as
trial
counsel,
assistant
trial
coun
-
39
sel,
or,
unless
expressly
requested
by
the
accused,
as
defense
counsel
40
or
assistant
or
associate
defense
counsel
in
the
same
case.
No
person
41
who
has
acted
for
the
prosecution
may
act
later
in
the
same
case
for
the
42
defense
nor
may
any
person
who
has
acted
for
the
defense
act
later
in
the
43
same
case
for
the
prosecution.
44
(b)
Except
as
provided
in
subsection
(c)
of
this
article,
trial
coun
-
45
sel,
defense
counsel,
or
assistant
defense
counsel
detailed
for
a
general
46

17
or
special
court
-
martial
must
be
:
a
judge
advocate
as
defined
in
article
1
1(a)(3)
of
this
code.
2
(1)
A
judge
advocate
as
defined
in
article
1(a)(3)
of
this
code;
and
3
(2)
A
member
in
good
standing
of
the
bar
of
the
highest
court
of
the
4
state
where
the
court
-
martial
is
held.
5
(c)
Defense
counsel
and
assistant
defense
counsel
detailed
for
a
spe
-
6
cial
or
general
court
-
martial
shall
have
the
qualifications
set
forth
in
7
subsection
(b)
of
this
article.
8
(d)
Trial
counsel,
assistant
trial
counsel,
defense
counsel,
and
as
-
9
sistant
defense
counsel
detailed
for
a
special
court
-
martial
must
be
deter
-
10
mined
to
be
competent
to
perform
such
duties
by
the
senior
force
judge
advo
-
1
1
cate,
under
such
rules
as
the
governor
or
his
designee
may
prescribe.
12
ARTICLE
28.
DETAIL
OR
EMPLOYMENT
OF
REPORTERS
AND
INTERPRETERS
13
Under
such
regulations
as
may
be
prescribed,
the
convening
authority
of
a
14
general
or
special
court
-
martial
or
court
of
inquiry
shall
detail
or
employ
15
qualified
court
reporters,
who
shall
record
the
proceedings
of
and
testimony
16
taken
before
that
court
and
may
detail
or
employ
interpreters
who
shall
in
-
17
terpret
for
the
court.
18
ARTICLE
29.
ASSEMBLY
AND
IMPANELING
OF
MEM
-
19
BERS
-
-
DETAIL
OF
NEW
MEMBERS
AND
MILITARY
JUDGES
20
(a)
The
military
judge
shall
announce
the
assembly
of
a
general
or
spe
-
21
cial
court
-
martial
with
members.
After
such
a
court
-
martial
is
assembled,
22
no
member
may
be
absent,
unless
the
member
is
excused:
23
(1)
As
a
result
of
a
challenge;
24
(2)
Under
subsection
(b)(1)(B)of
this
article;
or
25
(3)
By
order
of
the
military
judge
or
the
convening
authority
for
dis
-
26
ability
or
other
good
cause.
27
(b)
Impaneling.
28
(1)
Under
rules
prescribed
by
the
governor
or
his
designated
represen
-
29
tative,
the
military
judge
of
a
general
or
special
court
-
martial
with
30
members
shall:
31
(A)
After
determination
of
challenges,
impanel
the
court
-
mar
-
32
tial;
and
33
(B)
Excuse
the
members
who,
having
been
assembled,
are
not
impan
-
34
eled.
35
(2)
In
a
general
court
-
martial,
the
military
judge
shall
impanel
eight
36
(8)
members.
37
(3)
In
a
special
court
-
martial,
the
military
judge
shall
impanel
four
38
(4)
members.
39
(c)
In
addition
to
members
under
subsection
(b)
of
this
article,
the
40
military
judge
shall
impanel
alternate
members,
if
the
convening
authority
41
authorizes
alternate
members.
42
(d)
Detail
of
new
members.
43
(1)
If,
after
members
are
impaneled,
the
membership
of
the
court
-
mar
-
44
tial
is
reduced
to
fewer
than
twelve
(12)
members
with
respect
to
a
45
general
court
-
martial
in
a
capital
case,
fewer
than
six
(6)
members
with
46

18
respect
to
a
general
court
-
martial
in
a
noncapital
case,
or
fewer
than
1
four
(4)
members
with
respect
to
a
special
court
-
martial,
the
trial
may
2
not
proceed
unless
the
convening
authority
details
new
members
and,
3
from
among
the
members
so
detailed,
the
military
judge
impanels
new
4
members
sufficient
in
number
to
provide
the
membership
specified
in
5
paragraph
(2)
of
this
subsection.
6
(2)
Membership
shall
be
as
follows:
7
(A)
At
least
six
(6)
but
not
more
than
eight
(8)
members
with
re
-
8
spect
to
a
general
court
-
martial;
and
9
(B)
Four
(4)
members
with
respect
to
a
special
court
-
martial.
10
(e)
If
the
military
judge
is
unable
to
proceed
with
the
trial
because
of
1
1
disability
or
otherwise,
a
new
military
judge
shall
be
detailed
to
the
court
-
12
martial.
13
(f)
Evidence.
14
(1)
In
the
case
of
new
members
under
subsection
(d)
of
this
article,
the
15
trial
may
proceed
with
the
new
members
present
after
the
evidence
pre
-
16
viously
introduced
is
read
or,
in
the
case
of
audiotape,
videotape,
or
17
similar
recording,
is
played
,
in
the
presence
of
the
new
members,
the
18
military
judge,
the
accused,
and
counsel
for
both
sides.
19
(2)
In
the
case
of
a
new
military
judge
under
subsection
(e)
of
this
ar
-
20
ticle,
the
trial
shall
proceed
as
if
no
evidence
had
been
introduced,
21
unless
the
evidence
previously
introduced
is
read
or,
in
the
case
of
au
-
22
diotape,
videotape,
or
similar
recording,
is
played
,
in
the
presence
of
23
the
new
military
judge,
the
accused,
and
counsel
for
both
sides.
24
PART
VI.
PRE
-
TRIAL
PROCEDURE
25
ARTICLE
30.
CHARGES
AND
SPECIFICATIONS
26
(a)
In
general.
Charges
and
specifications:
27
(1)
May
be
preferred
only
by
a
person
subject
to
this
chapter;
and
28
(2)
Shall
be
preferred
by
presentment
in
writing,
signed
under
oath
be
-
29
fore
a
commissioned
officer
of
the
state
military
forces
who
is
autho
-
30
rized
to
administer
oaths.
31
(b)
The
writing
under
subsection
(a)
of
this
article
shall
state
that:
32
(1)
The
signer
has
personal
knowledge
of,
or
has
investigated,
the
mat
-
33
ters
set
forth
in
the
charges
and
specifications;
and
34
(2)
The
matters
set
forth
in
the
charges
and
specifications
are
true,
to
35
the
best
of
the
knowledge
and
belief
of
the
signer.
36
(c)
When
charges
and
specifications
are
preferred
under
subsection
(a)
37
of
this
article,
the
proper
authority
shall,
as
soon
as
practicable:
38
(1)
Inform
the
person
accused
of
the
charges
and
specifications;
and
39
(2)
Determine
what
disposition
should
be
made
of
the
charges
and
speci
-
40
fications
in
the
interest
of
justice
and
discipline.
41
ARTICLE
31.
COMPULSORY
SELF
-
INCRIMINATION
PROHIBITED
42
(a)
No
person
subject
to
this
code
may
compel
any
person
to
incriminate
43
himself
or
to
answer
any
question,
the
answer
to
which
may
tend
to
incrimi
-
44
nate
him.
45

19
(b)
No
person
subject
to
this
code
may
interrogate
or
request
any
state
-
1
ment
from
an
accused
or
a
person
suspected
of
an
offense
without
first
in
-
2
forming
that
person
of
the
nature
of
the
accusation
and
advising
that
person
3
that
the
person
does
not
have
to
make
any
statement
regarding
the
offense
of
4
which
the
person
is
accused
or
suspected
and
that
any
statement
made
by
the
5
person
may
be
used
as
evidence
against
the
person
in
a
trial
by
court
-
mar
-
6
tial.
7
(c)
No
person
subject
to
this
code
may
compel
any
person
to
make
a
state
-
8
ment
or
produce
evidence
before
any
military
court
if
the
statement
or
evi
-
9
dence
is
not
material
to
the
issue
and
may
tend
to
degrade
the
person.
10
(d)
No
statement
obtained
from
any
person
in
violation
of
this
article
1
1
or
through
the
use
of
coercion,
unlawful
influence,
or
unlawful
inducement
12
may
be
received
in
evidence
against
the
person
in
a
trial
by
court
-
martial.
13
ARTICLE
32.
INVESTIGATION
14
(a)
In
general.
15
(1)(A)
Except
as
provided
in
subparagraph
(B)
of
this
paragraph,
16
a
preliminary
hearing
shall
be
held
before
referral
of
charges
and
17
specifications
for
trial
by
general
court
-
martial.
The
prelimi
-
18
nary
hearing
shall
be
conducted
by
an
impartial
hearing
officer,
19
detailed
by
the
convening
authority
in
accordance
with
subsection
20
(b)
of
this
article.
21
(B)
Under
regulations
prescribed
by
the
governor
or
his
desig
-
22
nated
representative,
a
preliminary
hearing
need
not
be
held
if
23
the
accused
submits
a
written
waiver
to
the
convening
authority
24
and
the
convening
authority
determines
that
a
hearing
is
not
re
-
25
quired.
26
(2)
The
purpose
of
the
preliminary
hearing
shall
be
limited
to
deter
-
27
mining
the
following:
28
(A)
Whether
or
not
the
specification
alleges
an
offense
under
this
29
chapter;
30
(B)
Whether
or
not
there
is
probable
cause
to
believe
that
the
ac
-
31
cused
committed
the
offense
charged;
32
(C)
Whether
or
not
the
convening
authority
has
court
-
martial
ju
-
33
risdiction
over
the
accused
and
over
the
offense;
and
34
(D)
A
recommendation
as
to
the
disposition
that
should
be
made
of
35
the
case.
36
(b)
Hearing
officer.
37
(1)
A
preliminary
hearing
under
this
article
shall
be
conducted
by
an
38
impartial
hearing
officer
who:
39
(A)
Whenever
practicable,
shall
be
a
judge
advocate
who
is
certi
-
40
fied
under
article
27(b);
or
41
(B)
When
it
is
not
practicable
to
appoint
a
judge
advocate
because
42
of
exceptional
circumstances,
is
not
a
judge
advocate
so
certi
-
43
fied.
44
(2)
In
the
case
of
a
hearing
officer
under
paragraph
(1)(B)
of
this
sub
-
45
section,
a
judge
advocate
who
is
certified
under
article
27(b)
shall
be
46
available
to
provide
legal
advice
to
the
hearing
officer.
47

20
(3)
Whenever
practicable,
the
hearing
officer
shall
be
equal
in
grade
1
or
senior
in
grade
to
military
counsel
who
are
detailed
to
represent
the
2
accused
or
the
government
at
the
preliminary
hearing.
3
(c)
Report
to
convening
authority.
After
a
preliminary
hearing
under
4
this
article,
the
hearing
officer
shall
submit
to
the
convening
authority
a
5
written
report,
accompanied
by
a
recording
of
the
preliminary
hearing,
that
6
includes
the
following:
7
(1)
For
each
specification,
a
statement
of
the
reasoning
and
conclu
-
8
sions
of
the
hearing
officer
with
respect
to
determinations
under
sub
-
9
section
(a)(2)
of
this
article,
including
a
summary
of
relevant
witness
10
testimony
and
documentary
evidence
presented
at
the
hearing
and
any
ob
-
1
1
servations
of
the
hearing
officer
concerning
the
testimony
of
witnesses
12
and
the
availability
and
admissibility
of
evidence
at
trial;
13
(2)
Recommendations
for
any
necessary
modifications
to
the
form
of
the
14
charges
or
specifications;
15
(3)
An
analysis
of
any
additional
information
submitted
after
the
hear
-
16
ing
by
the
parties
or
by
a
victim
of
an
offense
,
that
,
under
such
rules
17
as
the
governor
or
his
designated
representative
may
prescribe,
is
rel
-
18
evant
to
disposition
under
articles
30
and
34;
and
19
(4)
A
statement
of
action
taken
on
evidence
adduced
with
respect
to
un
-
20
charged
offenses,
as
described
in
subsection
(d)
of
this
article.
21
(d)
If
evidence
adduced
in
an
investigation
under
this
article
indi
-
22
cates
that
the
accused
committed
an
uncharged
offense,
the
investigating
of
-
23
ficer
may
investigate
the
subject
matter
of
that
offense
without
the
accused
24
having
first
been
charged
with
the
offense
if
the
accused:
25
(1)
Is
present
at
the
investigation;
26
(2)
Is
informed
of
the
nature
of
each
uncharged
offense
investigated;
27
and
28
(3)
Is
afforded
the
opportunities
for
representation,
cross
-
examina
-
29
tion,
and
presentation
prescribed
in
subsection
(b)
of
this
article.
A
30
declination
under
this
paragraph
shall
not
serve
as
the
sole
basis
for
31
ordering
a
deposition
under
article
49.
32
(e)
The
requirements
of
this
article
are
binding
on
all
persons
admin
-
33
istering
this
code,
but
failure
to
follow
them
does
not
constitute
jurisdic
-
34
tional
error
under
such
rules
as
the
governor
or
his
designated
representa
-
35
tive
may
prescribe.
36
(f)
A
defect
in
a
report
under
subsection
(c)
of
this
article
is
not
a
37
basis
for
relief
if
the
report
is
in
substantial
compliance
with
subsection
38
(c).
39
ARTICLE
33.
DISPOSITION
GUIDANCE
40
The
governor
or
his
designated
representative
shall
issue
nonbinding
guid
-
41
ance
regarding
factors
that
commanders,
convening
authorities,
staff
judge
42
advocates,
and
judge
advocates
should
take
into
account
when
exercising
43
their
duties
with
respect
to
disposition
of
charges
and
specifications
in
44
the
interest
of
justice
and
discipline
under
articles
30
and
34.
Such
guid
-
45
ance
shall
take
into
account,
with
appropriate
consideration
of
military
46
requirements,
the
principles
of
fair
and
evenhanded
administration
of
Idaho
47
and
federal
criminal
law.
48

21
ARTICLE
34.
ADVICE
TO
CONVENING
AUTHORITY
BEFORE
REFERRAL
FOR
TRIAL
1
(a)
Staff
judge
advocate
advice
required
before
referral.
Before
re
-
2
ferral
of
charges
and
specifications
to
a
general
court
-
martial
for
trial,
3
the
convening
authority
shall
submit
the
matter
to
the
staff
judge
advocate
4
for
advice,
which
the
staff
judge
advocate
shall
provide
to
the
convening
au
-
5
thority
in
writing.
The
convening
authority
may
not
refer
a
specification
6
under
a
charge
to
a
general
court
-
martial
unless
the
staff
judge
advocate
ad
-
7
vises
the
convening
authority
in
writing
that:
8
(1)
The
specification
alleges
an
offense
under
this
chapter;
9
(2)
There
is
probable
cause
to
believe
that
the
accused
committed
the
10
offense
charged;
and
1
1
(3)
A
court
-
martial
would
have
jurisdiction
over
the
accused
and
the
12
offense.
13
(b)
Staff
judge
advocate
recommendation
as
to
disposition.
Together
14
with
the
written
advice
provided
under
subsection
(a)
of
this
article,
the
15
staff
judge
advocate
shall
provide
a
written
recommendation
to
the
convening
16
authority
as
to
the
disposition
that
should
be
made
of
the
specification
in
17
the
interest
of
justice
and
discipline.
18
(c)
Staff
judge
advocate
advice
and
recommendation
to
accompany
re
-
19
ferral.
When
a
convening
authority
makes
a
referral
for
trial
by
general
20
court
-
martial,
the
written
advice
of
the
staff
judge
advocate
under
subsec
-
21
tion
(a)
of
this
article
and
the
written
recommendation
of
the
staff
judge
22
advocate
under
subsection
(b)
of
this
article
with
respect
to
each
specifi
-
23
cation
shall
accompany
the
referral.
24
(d)
Special
court
-
martial;
convening
authority
consultation
with
25
judge
advocate.
Before
referral
of
charges
and
specifications
to
a
special
26
court
-
martial
for
trial,
the
convening
authority
shall
consult
a
judge
advo
-
27
cate
on
relevant
legal
issues.
28
(e)
General
and
special
courts
-
martial;
correction
of
charges
and
29
specifications
before
referral.
Before
referral
for
trial
by
general
30
court
-
martial
or
special
court
-
martial,
changes
may
be
made
to
charges
and
31
specifications:
32
(1)
To
correct
errors
in
form;
and
33
(2)
When
applicable,
to
conform
to
the
substance
of
the
evidence
con
-
34
tained
in
a
report
under
article
32(c).
35
(f)
Referral
defined.
In
this
article,
the
term
"referral"
means
the
36
order
of
a
convening
authority
that
charges
and
specifications
against
an
37
accused
be
tried
by
a
specified
court
-
martial.
38
ARTICLE
35.
SERVICE
OF
CHARGES
-
-
COMMENCEMENT
OF
TRIAL
39
(a)
In
general.
Trial
counsel
detailed
for
a
court
-
martial
under
ar
-
40
ticle
27
shall
cause
to
be
served
upon
the
accused
a
copy
of
the
charges
and
41
specifications
referred
for
trial.
42
(b)
Commencement
of
trial.
43
(1)
Subject
to
paragraphs
(2)
and
(3)
of
this
subsection,
no
trial
or
44
other
proceeding
of
a
general
court
-
martial
or
a
special
court
-
martial,
45
including
any
session
under
article
39(a),
may
be
held
over
the
objec
-
46
tion
of
the
accused:
47

22
(A)
With
respect
to
a
general
court
-
martial,
from
the
time
of
ser
-
1
vice
through
the
fifth
day
after
the
date
of
service;
or
2
(B)
With
respect
to
a
special
court
-
martial,
from
the
time
of
ser
-
3
vice
through
the
third
day
after
the
date
of
service.
4
(2)
An
objection
under
paragraph
(1)
of
this
subsection
may
be
raised
5
only
at
the
first
session
of
the
trial
or
other
proceeding
and
only
if
6
the
first
session
occurs
before
the
end
of
the
applicable
period
under
7
paragraph
(1)(A)
or
(1)(B)
of
this
subsection.
If
the
first
session
oc
-
8
curs
before
the
end
of
the
applicable
period,
the
military
judge
shall,
9
at
that
session,
inquire
as
to
whether
the
defense
objects
under
this
10
subsection.
1
1
(3)
This
subsection
shall
not
apply
in
time
of
war.
12
PART
VII.
TRIAL
PROCEDURE
13
ARTICLE
36.
GOVERNOR
OR
THE
ADJUTANT
GENERAL
MAY
PRESCRIBE
RULES
14
Pretrial,
trial,
and
posttrial
procedures,
including
modes
of
proof,
for
15
courts
-
martial
cases
arising
under
this
code,
and
for
courts
of
inquiry,
may
16
be
prescribed
by
the
governor
or
the
adjutant
general
by
regulations,
or
as
17
otherwise
provided
by
law,
which
shall
apply
the
principles
of
law
and
the
18
rules
of
evidence
generally
recognized
in
military
criminal
cases
in
the
19
courts
of
the
armed
forces
but
which
may
not
be
contrary
to
or
inconsistent
20
with
this
code.
21
ARTICLE
37.
UNLAWFULLY
INFLUENCING
ACTION
OF
COURT
22
(a)
No
authority
convening
a
general,
special,
or
summary
court
-
mar
-
23
tial,
nor
any
other
commanding
officer,
or
officer
serving
on
the
staff
24
thereof,
may
censure,
reprimand,
or
admonish
the
court
or
any
member,
the
25
military
judge,
or
counsel
thereof,
with
respect
to
the
findings
or
sentence
26
adjudged
by
the
court
or
with
respect
to
any
other
exercise
of
its
or
their
27
functions
in
the
conduct
of
the
proceedings.
No
person
subject
to
this
code
28
may
attempt
to
coerce
or,
by
any
unauthorized
means,
influence
the
action
of
29
a
court
-
martial
or
court
of
inquiry
or
any
member
thereof,
in
reaching
the
30
findings
or
sentence
in
any
case,
or
the
action
of
any
convening,
approving,
31
or
reviewing
authority
with
respect
to
their
judicial
acts.
The
foregoing
32
provisions
of
this
subsection
shall
not
apply
with
respect
to:
(1)
general
33
instructional
or
informational
courses
in
military
justice
if
such
courses
34
are
designed
solely
for
the
purpose
of
instructing
members
of
a
command
in
35
the
substantive
and
procedural
aspects
of
courts
-
martial;
or
(2)
to
state
-
36
ments
and
instructions
given
in
open
court
by
the
military
judge,
summary
37
court
-
martial
officer,
or
counsel.
38
(b)
In
the
preparation
of
an
effectiveness,
fitness,
or
efficiency
re
-
39
port,
or
any
other
report
or
document
used
in
whole
or
in
part
for
the
purpose
40
of
determining
whether
a
member
of
the
state
military
forces
is
qualified
to
41
be
advanced
in
grade,
or
in
determining
the
assignment
or
transfer
of
a
mem
-
42
ber
of
the
state
military
forces,
or
in
determining
whether
a
member
of
the
43
state
military
forces
should
be
retained
on
active
status,
no
person
subject
44
to
this
code
may,
in
preparing
any
such
report:
(1)
consider
or
evaluate
the
45

23
performance
of
duty
of
any
such
member
as
a
member
of
a
court
-
martial
or
wit
-
1
ness
therein;
or
(2)
give
a
less
favorable
rating
or
evaluation
of
any
coun
-
2
sel
of
the
accused
because
of
zealous
representation
before
a
court
-
martial.
3
ARTICLE
38.
DUTIES
OF
TRIAL
COUNSEL
AND
DEFENSE
COUNSEL
4
(a)
The
trial
counsel
of
a
general
or
special
court
-
martial
shall
be
a
5
member
in
good
standing
of
the
state
bar
judge
advocate
and
shall
prosecute
6
in
the
name
of
the
state
and
shall,
under
the
direction
of
the
court,
prepare
7
the
record
of
the
proceedings.
8
(b)
Defense
counsel:
9
(1)
The
accused
has
the
right
to
be
represented
in
defense
before
a
gen
-
10
eral
or
special
court
-
martial
or
at
an
investigation
under
article
32
of
1
1
this
code
as
provided
in
this
subsection.
12
(2)
The
accused
may
be
represented
by
civilian
counsel
at
the
provision
13
and
expense
of
the
accused.
14
(3)
The
accused
may
be
represented:
15
(A)
By
military
counsel
detailed
under
article
27
of
this
code;
or
16
(B)
By
military
counsel
of
the
accused's
own
selection
if
that
17
counsel
is
reasonably
available
as
determined
under
paragraph
(7)
18
of
this
subsection.
19
(4)
If
the
accused
is
represented
by
civilian
counsel,
military
counsel
20
detailed
or
selected
under
paragraph
(3)
of
this
subsection
shall
act
as
21
associate
counsel
unless
excused
at
the
request
of
the
accused.
22
(5)
Except
as
provided
under
paragraph
(6)
of
this
subsection,
if
the
23
accused
is
represented
by
military
counsel
of
his
own
selection
under
24
paragraph
(3)(B)
of
this
subsection,
any
military
counsel
detailed
un
-
25
der
paragraph
(3)(A)
of
this
subsection
shall
be
excused.
26
(6)
The
accused
is
not
entitled
to
be
represented
by
more
than
one
(1)
27
military
counsel.
However,
the
person
authorized
under
regulations
28
prescribed
under
article
27
of
this
code
to
detail
counsel,
in
that
per
-
29
son's
sole
discretion:
30
(A)
May
detail
additional
military
counsel
as
assistant
defense
31
counsel;
and
32
(B)
If
the
accused
is
represented
by
military
counsel
of
the
ac
-
33
cused's
own
selection
under
paragraph
(3)(B)
of
this
subsection,
34
may
approve
a
request
from
the
accused
that
military
counsel
de
-
35
tailed
under
paragraph
(3)(A)
of
this
subsection
act
as
associate
36
defense
counsel.
37
(7)
The
senior
force
judge
advocate
of
the
same
force
of
which
the
ac
-
38
cused
is
a
member
shall
determine
whether
the
military
counsel
selected
39
by
an
accused
is
reasonably
available.
40
(c)
In
any
court
-
martial
proceeding
resulting
in
a
conviction,
the
de
-
41
fense
counsel:
42
(1)
May
forward
for
attachment
to
the
record
of
proceedings
a
brief
of
43
such
matters
as
counsel
determines
should
be
considered
in
behalf
of
the
44
accused
on
review,
including
any
objection
to
the
contents
of
the
record
45
which
counsel
considers
appropriate;
and
46
(2)
May
take
other
action
authorized
by
this
code.
47

24
ARTICLE
39.
SESSIONS
1
(a)
At
any
time
after
the
service
of
charges
which
have
been
referred
2
for
trial
to
a
court
-
martial
composed
of
a
military
judge
and
members,
the
3
military
judge
may,
subject
to
article
35
of
this
code,
call
the
court
into
4
session
without
the
presence
of
the
members
for
the
purpose
of:
5
(1)
Hearing
and
determining
motions
raising
defenses
or
objections
6
which
are
capable
of
determination
without
trial
of
the
issues
raised
by
7
a
plea
of
not
guilty;
8
(2)
Hearing
and
ruling
upon
any
matter
which
may
be
ruled
upon
by
the
9
military
judge
under
this
code,
whether
or
not
the
matter
is
appropriate
10
for
later
consideration
or
decision
by
the
members
of
the
court;
1
1
(3)
Holding
the
arraignment
and
receiving
the
pleas
of
the
accused;
12
(4)
Conducting
a
sentencing
proceeding
and
sentencing
the
accused
in
13
noncapital
cases
unless
the
accused
requests
sentencing
by
members
un
-
14
der
article
25;
and
15
(5)
Performing
any
other
procedural
function
which
does
not
require
the
16
presence
of
the
members
of
the
court
under
this
code.
These
proceedings
17
shall
be
conducted
in
the
presence
of
the
accused,
the
defense
counsel,
18
and
the
trial
counsel
and
shall
be
made
a
part
of
the
record.
These
pro
-
19
ceedings
may
be
conducted
notwithstanding
the
number
of
court
members
20
and
without
regard
to
article
29.
21
(b)
When
the
members
of
a
court
-
martial
deliberate
or
vote,
only
the
22
members
may
be
present.
All
other
proceedings,
including
any
other
consul
-
23
tation
of
the
members
of
the
court
with
counsel
or
the
military
judge,
shall
24
be
made
a
part
of
the
record
and
shall
be
in
the
presence
of
the
accused,
the
25
defense
counsel,
the
trial
counsel,
and
the
military
judge.
26
ARTICLE
40.
CONTINUANCES
27
The
military
judge
of
a
court
-
martial
or
a
summary
court
-
martial
may,
for
28
reasonable
cause
grant
a
continuance
to
any
party
for
such
time
and
as
often
29
as
may
appear
to
be
just.
30
ARTICLE
41.
CHALLENGES
31
(a)
Challenges
generally.
32
(1)
The
military
judge
and
members
of
a
general
or
special
court
-
mar
-
33
tial
may
be
challenged
by
the
accused
or
the
trial
counsel
for
cause
34
stated
to
the
court.
The
military
judge
or
the
court
shall
determine
35
the
relevancy
and
validity
of
challenges
for
cause
and
may
not
receive
a
36
challenge
to
more
than
one
(1)
person
at
a
time.
Challenges
by
the
trial
37
counsel
shall
ordinarily
be
presented
and
decided
before
those
by
the
38
accused
are
offered.
39
(2)
If
exercise
of
a
challenge
for
cause
reduces
the
court
below
the
40
number
of
members
required
by
article
16
of
this
code,
all
parties
41
shall,
notwithstanding
article
29
of
this
code,
either
exercise
or
42
waive
any
challenge
for
cause
then
apparent
against
the
remaining
mem
-
43
bers
of
the
court
before
additional
members
are
detailed
to
the
court.
44
However,
peremptory
challenges
shall
not
be
exercised
at
that
time.
45

25
(b)
Preemptory
Peremptory
challenges.
1
(1)
Each
accused
and
the
trial
counsel
are
entitled
initially
to
one
(1)
2
peremptory
challenge
of
members
of
the
court.
The
military
judge
may
3
not
be
challenged
except
for
cause.
4
(2)
If
exercise
of
a
peremptory
challenge
reduces
the
court
below
the
5
minimum
number
of
members
required
by
article
16
of
this
code,
the
par
-
6
ties
shall,
notwithstanding
article
29
of
this
code,
either
exercise
7
or
waive
any
remaining
peremptory
challenge,
not
previously
waived,
8
against
the
remaining
members
of
the
court
before
additional
members
9
are
detailed
to
the
court.
10
(3)
Whenever
additional
members
are
detailed
to
the
court,
and
after
1
1
any
challenges
for
cause
against
such
additional
members
are
presented
12
and
decided,
each
accused
and
the
trial
counsel
are
entitled
to
one
(1)
13
peremptory
challenge
against
members
not
previously
subject
to
peremp
-
14
tory
challenge.
15
ARTICLE
42.
OATHS
OR
AFFIRMATIONS
16
(a)
Before
performing
their
respective
duties,
military
judges,
gen
-
17
eral
and
special
courts
-
martial
members,
trial
counsel,
defense
counsel,
18
reporters,
and
interpreters
shall
take
an
oath
or
affirmation
in
the
pres
-
19
ence
of
the
accused
to
perform
their
duties
faithfully.
The
form
of
the
20
oath
or
affirmation,
the
time
and
place
of
the
taking
thereof,
the
manner
21
of
recording
the
same,
and
whether
the
oath
or
affirmation
shall
be
taken
22
for
all
cases
in
which
these
duties
are
to
be
performed
or
for
a
particular
23
case,
shall
be
as
prescribed
in
regulation
or
as
provided
by
law.
These
reg
-
24
ulations
may
provide
that
an
oath
or
affirmation
to
perform
faithfully
the
25
duties
as
a
military
judge,
trial
counsel,
or
defense
counsel
may
be
taken
26
at
any
time
by
any
judge
advocate
or
other
person
certified
or
designated
to
27
be
qualified
or
competent
for
the
duty,
and
if
such
an
oath
or
affirmation
28
is
taken,
it
need
not
again
be
taken
at
the
time
the
judge
advocate
or
other
29
person
is
detailed
to
that
duty.
30
(b)
Each
witness
before
a
court
-
martial
shall
be
examined
under
oath
or
31
affirmation.
32
ARTICLE
43.
STATUTE
OF
LIMITATIONS
33
(a)
Except
as
otherwise
provided
in
this
article,
a
person
charged
with
34
any
offense
is
not
liable
to
be
tried
by
court
-
martial
or
punished
under
ar
-
35
ticle
15
of
this
code
if
the
offense
was
committed
more
than
three
(3)
years
36
before
the
receipt
of
sworn
charges
and
specifications
by
an
officer
exer
-
37
cising
court
-
martial
jurisdiction
over
the
command
or
before
the
imposition
38
of
punishment
under
article
15
of
this
code.
39
(b)
Periods
in
which
the
accused
is
absent
without
authority
or
flee
-
40
ing
from
justice
shall
be
excluded
in
computing
the
period
of
limitation
pre
-
41
scribed
in
this
article.
42
(c)
Periods
in
which
the
accused
was
absent
from
territory
in
which
the
43
state
has
the
authority
to
apprehend
him,
or
in
the
custody
of
civil
authori
-
44
ties,
or
in
the
hands
of
the
enemy,
shall
be
excluded
in
computing
the
period
45
of
limitation
prescribed
in
this
article.
46

26
(d)
When
the
United
States
is
at
war,
the
running
of
any
statute
of
limi
-
1
tations
applicable
to
any
offense
under
this
code:
2
(1)
Involving
fraud
or
attempted
fraud
against
the
United
States,
any
3
state,
or
any
agency
of
either
in
any
manner,
whether
by
conspiracy
or
4
not;
5
(2)
Committed
in
connection
with
the
acquisition,
care,
handling,
cus
-
6
tody,
control,
or
disposition
of
any
real
or
personal
property
of
the
7
United
States
or
any
state;
or
8
(3)
Committed
in
connection
with
the
negotiation,
procurement,
award,
9
performance,
payment,
interim
financing,
cancellation,
or
other
termi
-
10
nation
or
settlement,
of
any
contract,
subcontract,
or
purchase
order
1
1
which
is
connected
with
or
related
to
the
prosecution
of
the
war,
or
with
12
any
disposition
of
termination
inventory
by
any
war
contractor
or
gov
-
13
ernment
agency;
14
is
suspended
until
two
(2)
years
after
the
termination
of
hostilities
as
pro
-
15
claimed
by
the
president
or
by
a
joint
resolution
of
congress.
16
(e)
Exception.
17
(1)
If
charges
or
specifications
are
dismissed
as
defective
or
insuffi
-
18
cient
for
any
cause
and
the
period
prescribed
by
the
applicable
statute
19
of
limitations:
20
(A)
Has
expired;
or
will
be
met.
21
(B)
Will
expire
within
one
hundred
eighty
(180)
days
after
the
22
date
of
dismissal
of
the
charges
and
specifications,
trial
and
23
punishment
under
new
charges
and
specifications
are
not
barred
by
24
the
statute
of
limitations
if
the
conditions
specified
in
para
-
25
graph
(2)
of
this
subsection
are
met.
26
(2)
The
conditions
referred
to
in
paragraph
(1)
of
this
subsection
are
27
that
the
new
charges
and
specifications
must:
28
(A)
Be
received
by
an
officer
exercising
summary
court
-
martial
29
jurisdiction
over
the
command
within
one
hundred
eighty
(180)
days
30
after
the
dismissal
of
the
charges
or
specifications;
and
31
(B)
Allege
the
same
acts
or
omissions
that
were
alleged
in
the
dis
-
32
missed
charges
or
specifications
(or
allege
acts
or
omissions
that
33
were
included
in
the
dismissed
charges
or
specifications).
34
(f)
Fraudulent
enlistment
or
appointment.
A
person
charged
with
fraud
-
35
ulent
enlistment
or
fraudulent
appointment
under
article
104a(1)
may
be
36
tried
by
court
-
martial
if
the
sworn
charges
and
specifications
are
received
37
by
an
officer
exercising
summary
court
-
martial
jurisdiction
with
respect
to
38
that
person,
as
follows:
39
(1)
In
the
case
of
an
enlisted
member,
during
the
period
of
the
enlist
-
40
ment
or
five
(5)
years,
whichever
provides
a
longer
period.
41
(2)
In
the
case
of
an
officer,
during
the
period
of
the
appointment
or
42
five
(5)
years,
whichever
provides
a
longer
period.
43
(g)
DNA
evidence.
If
DNA
testing
implicates
an
identified
person
in
44
the
commission
of
an
offense
punishable
by
confinement
for
more
than
one
(1)
45
year,
no
statute
of
limitations
that
would
otherwise
preclude
prosecution
of
46
the
offense
shall
preclude
such
prosecution
until
a
period
of
time
following
47
the
implication
of
the
person
by
DNA
testing
has
elapsed
that
is
equal
to
the
48
otherwise
applicable
limitation
period.
49

27
ARTICLE
44.
FORMER
JEOPARDY
1
(a)
No
person
may,
without
his
consent,
be
tried
a
second
time
for
the
2
same
offense.
3
(b)
No
proceeding
in
which
an
accused
has
been
found
guilty
by
a
court
-
4
martial
upon
any
charge
or
specification
is
a
trial
in
the
sense
of
this
arti
-
5
cle
until
the
finding
of
guilty
has
become
final
after
review
of
the
case
has
6
been
fully
completed.
7
(c)(1)
A
court
-
martial
with
a
military
judge
alone
is
a
trial
in
the
8
sense
of
this
article
if,
without
fault
of
the
accused
after
introduc
-
9
tion
of
evidence
and
before
announcement
of
findings
under
article
53,
10
the
case
is
dismissed
or
terminated
by
the
convening
authority
or
on
mo
-
1
1
tion
of
the
prosecution
for
failure
of
available
evidence
or
witnesses.
12
(2)
A
court
-
martial
with
a
military
judge
and
members
is
a
trial
in
the
13
sense
of
this
article
if,
without
fault
of
the
accused
after
the
mem
-
14
bers,
having
taken
an
oath
as
members
under
article
42
and
after
com
-
15
pletion
of
challenges
under
article
41,
are
impaneled,
and
before
an
-
16
nouncement
of
findings
under
article
53,
the
case
is
dismissed
or
ter
-
17
minated
by
the
convening
authority
or
on
motion
of
the
prosecution
for
18
failure
of
available
evidence
or
witnesses.
19
ARTICLE
45.
PLEAS
OF
THE
ACCUSED
20
(a)
Irregular
and
similar
pleas.
If
an
accused
after
arraignment
makes
21
an
irregular
pleading,
or
after
a
plea
of
guilty
sets
up
matter
inconsis
-
22
tent
with
the
plea,
or
if
it
appears
that
the
accused
has
entered
the
plea
of
23
guilty
improvidently
or
through
lack
of
understanding
of
its
meaning
and
ef
-
24
fect,
or
if
the
accused
fails
or
refuses
to
plead,
a
plea
of
not
guilty
shall
25
be
entered
in
the
record,
and
the
court
shall
proceed
as
though
the
accused
26
had
pleaded
not
guilty.
27
(b)
Pleas
of
guilty.
With
respect
to
any
charge
or
specification
to
28
which
a
plea
of
guilty
has
been
made
by
the
accused
and
accepted
by
the
mil
-
29
itary
judge
or
by
a
court
-
martial
without
a
military
judge,
a
finding
of
30
guilty
of
the
charge
or
specification
may
be
entered
immediately
without
31
vote.
This
finding
shall
constitute
the
finding
of
the
court
unless
the
plea
32
of
guilty
is
withdrawn
prior
to
announcement
of
the
sentence,
in
which
event
33
the
proceedings
shall
continue
as
though
the
accused
had
pleaded
not
guilty.
34
(c)
Harmless
error.
A
variance
from
the
requirements
of
this
article
is
35
harmless
error
if
the
variance
does
not
materially
prejudice
the
substantial
36
rights
of
the
accused.
37
ARTICLE
46.
OPPORTUNITY
TO
OBTAIN
WIT
-
38
NESSES
AND
OTHER
EVIDENCE
IN
TRIALS
BY
COURT
39
(a)
In
a
case
referred
for
trial
by
court
-
martial,
the
trial
counsel
40
and
the
defense
counsel
shall
have
equal
opportunity
to
obtain
witnesses
and
41
other
evidence
as
prescribed
by
regulations
and
provided
by
law.
Process
is
-
42
sued
in
court
-
martial
cases
to
compel
witnesses
to
appear
and
testify
and
to
43
compel
the
production
of
other
evidence
shall
apply
the
principles
of
law
and
44
the
rules
of
courts
-
martial
generally
recognized
in
military
criminal
cases
45

28
in
the
courts
of
the
armed
forces
of
the
United
States,
but
which
may
not
be
1
contrary
to
or
inconsistent
with
this
code.
Process
shall
run
to
any
part
of
2
the
United
States,
or
the
territories,
commonwealths,
and
possessions,
and
3
may
be
executed
by
civil
officers
as
prescribed
by
the
laws
of
the
place
where
4
the
witness
or
evidence
is
located
or
of
the
United
States.
5
(b)
Subpoena
and
other
process
generally.
Any
subpoena
or
other
6
process
issued
under
this
article:
7
(1)
Shall
be
similar
to
that
which
courts
of
the
state
of
Idaho
or
courts
8
of
the
United
States
having
criminal
jurisdiction
may
issue;
9
(2)
Shall
be
executed
in
accordance
with
regulations
prescribed
by
the
10
governor
or
his
designated
representative;
and
1
1
(3)
Shall
run
to
any
part
of
the
United
States
and
to
the
commonwealths
12
and
possessions
of
the
United
States.
13
(c)
Subpoena
and
other
process
for
witnesses.
A
subpoena
or
other
14
process
may
be
issued
to
compel
a
witness
to
appear
and
testify:
15
(1)
Before
a
court
-
martial,
military
commission,
or
court
of
inquiry;
16
(2)
At
a
deposition
under
article
49;
or
17
(3)
As
otherwise
authorized
under
this
chapter.
18
(d)
In
general.
A
subpoena
or
other
process
may
be
issued
to
compel
the
19
production
of
evidence:
20
(1)
For
a
court
-
martial,
military
commission,
or
court
of
inquiry;
21
(2)
For
a
deposition
under
article
49;
22
(3)
For
an
investigation
of
an
offense
under
this
chapter;
or
23
(4)
As
otherwise
authorized
under
this
chapter.
24
(e)
Investigative
subpoena.
An
investigative
subpoena
under
subsec
-
25
tion
(c)(3)
of
this
article
may
be
issued
before
referral
of
charges
to
a
26
court
-
martial
only
if
a
general
court
-
martial
convening
authority
has
au
-
27
thorized
counsel
for
the
government
to
issue
such
a
subpoena
or
a
military
28
judge
issues
such
a
subpoena
pursuant
to
article
30.
29
(f)
Warrant
or
order
for
wire
or
electronic
communications.
With
re
-
30
spect
to
an
investigation
of
an
offense
under
this
chapter,
a
military
judge
31
detailed
in
accordance
with
article
26
or
30
may
issue
warrants
or
court
or
-
32
ders
for
the
contents
of,
and
records
concerning,
wire
or
electronic
commu
-
33
nications
in
the
same
manner
as
such
warrants
and
orders
may
be
issued
by
a
34
district
court
of
the
state
of
Idaho
under
title
19,
Idaho
Code,
subject
to
35
such
limitations
as
the
governor
or
his
designated
representative
may
pre
-
36
scribe.
37
(g)
Request
for
relief
from
subpoena
or
other
process.
If
a
person
re
-
38
quests
relief
from
a
subpoena
or
other
process
under
this
article
on
grounds
39
that
compliance
is
unreasonable
or
oppressive
or
is
prohibited
by
law,
a
mil
-
40
itary
judge
detailed
in
accordance
with
article
26
or
30
shall
review
the
re
-
41
quest
and
shall:
42
(1)
Order
that
the
subpoena
or
other
process
be
modified
or
withdrawn,
43
as
appropriate;
or
44
(2)
Order
the
person
to
comply
with
the
subpoena
or
other
process.
45
ARTICLE
47.
REFUSAL
OF
PERSON
NOT
SUBJECT
TO
CHAP
-
46
TER
TO
APPEAR,
OR
TESTIFY,
OR
PRODUCE
EVIDENCE
47
(a)
In
general.
48

29
(1)
Any
person
described
in
paragraph
(2)
of
this
subsection
who
does
1
either
of
the
following
is
guilty
of
an
offense
against
the
United
2
States:
3
(A)
Willfully
neglects
or
refuses
to
appear;
or
4
(B)
Willfully
refuses
to
qualify
as
a
witness
or
to
testify
or
to
5
produce
any
evidence
which
that
person
is
required
to
produce.
6
(2)
The
persons
referred
to
in
paragraph
(1)
of
this
subsection
are
the
7
following:
8
(A)
Any
person
not
subject
to
this
chapter
who
is
issued
a
subpoena
9
or
other
process
described
in
subsection
(c)
of
article
46
and
is
10
provided
a
means
for
reimbursement
from
the
government
for
fees
1
1
and
mileage
at
the
rates
allowed
to
witnesses
attending
the
courts
12
of
the
United
States
or,
in
the
case
of
extraordinary
hardship,
is
13
advanced
such
fees
and
mileage;
and
14
(B)
Any
person
not
subject
to
this
chapter
who
is
issued
a
subpoena
15
or
other
process
described
in
subsection
(d)
of
article
46.
16
(b)
The
fees
and
mileage
of
witnesses
shall
be
advanced
or
paid
out
of
17
the
appropriations
for
the
compensation
of
witnesses.
18
ARTICLE
48.
CONTEMPT
19
(a)
Authority
to
punish.
20
(1)
With
respect
to
any
proceeding
under
this
chapter,
a
judicial
of
-
21
ficer
specified
in
paragraph
(2)
of
this
subsection
may
punish
for
con
-
22
tempt
any
person
who:
23
(A)
Uses
any
menacing
word,
sign,
or
gesture
in
the
presence
of
the
24
judicial
officer
during
the
proceeding;
25
(B)
Disturbs
the
proceeding
by
any
riot
or
disorder;
or
26
(C)
Willfully
disobeys
a
lawful
writ,
process,
order,
rule,
de
-
27
cree,
or
command
issued
with
respect
to
the
proceeding.
28
(2)
A
judicial
officer
referred
to
in
paragraph
(1)
of
this
subsection
29
is
any
of
the
following:
30
(A)
Any
military
judge
detailed
to
a
court
-
martial,
a
provost
31
court,
a
military
commission,
or
any
other
proceeding
under
this
32
chapter;
33
(B)
Any
military
magistrate
designated
to
preside
under
this
34
code;
or
35
(C)
The
governor
or
his
designated
representative
of
a
court
of
36
inquiry.
37
(b)
Review.
A
punishment
under
this
article:
38
(1)
If
imposed
by
a
military
judge
or
military
magistrate,
may
be
re
-
39
viewed
by
the
district
court
of
the
judicial
district
where
the
proceed
-
40
ing
was
conducted
in
accordance
with
the
applicable
rules
of
procedure
41
of
the
Idaho
state
courts;
and
42
(2)
If
imposed
by
a
court
of
inquiry,
shall
be
subject
to
review
by
the
43
convening
authority
in
accordance
with
rules
prescribed
by
the
governor
44
or
his
designated
representative.
45
ARTICLE
49.
DEPOSITIONS
46

30
(a)
In
general.
1
(1)
Subject
to
paragraph
(2)
of
this
subsection,
a
convening
authority
2
or
a
military
judge
may
order
depositions
at
the
request
of
any
party.
3
(2)
A
deposition
may
be
ordered
under
paragraph
(1)
of
this
subsection
4
only
if
the
requesting
party
demonstrates
that,
due
to
exceptional
cir
-
5
cumstances,
it
is
in
the
interest
of
justice
that
the
testimony
of
a
6
prospective
witness
be
preserved
for
use
at
a
court
-
martial,
military
7
commission,
court
of
inquiry,
or
other
military
court
or
board.
8
(3)
A
party
who
requests
a
deposition
under
this
article
shall
give
to
9
every
other
party
reasonable
written
notice
of
the
time
and
place
for
10
the
deposition.
1
1
(4)
A
deposition
under
this
article
shall
be
taken
before,
and
authen
-
12
ticated
by,
an
impartial
officer,
as
follows:
13
(A)
Whenever
practicable,
by
an
impartial
judge
advocate
certi
-
14
fied
under
article
27(b);
or
15
(B)
In
exceptional
circumstances,
by
an
impartial
military
or
16
civil
officer
authorized
to
administer
oaths
by
the
laws
of
the
17
United
States
or
the
laws
of
the
place
where
the
deposition
is
18
taken.
19
(b)
Representation
by
counsel.
Representation
of
the
parties
with
re
-
20
spect
to
a
deposition
shall
be
by
counsel
detailed
in
the
same
manner
as
trial
21
counsel
and
defense
counsel
are
detailed
under
article
27.
In
addition,
the
22
accused
shall
have
the
right
to
be
represented
by
civilian
or
military
coun
-
23
sel
in
the
same
manner
as
provided
for
in
article
38(b).
24
(c)
Admissibility
and
use
as
evidence.
A
deposition
order
under
sub
-
25
section
(a)
of
this
article
does
not
control
the
admissibility
of
the
depo
-
26
sition
in
a
court
-
martial
or
other
proceeding
under
this
chapter.
Except
as
27
otherwise
provided
by
this
code,
a
party
may
use
all
or
part
of
a
deposition
28
as
provided
by
the
rules
of
evidence.
29
ARTICLE
50.
ADMISSIBILITY
OF
SWORN
TES
-
30
TIMONY
FROM
RECORDS
OF
COURTS
OF
INQUIRY
31
(a)
Use
as
evidence
by
any
party.
In
any
case
not
extending
to
the
dis
-
32
missal
of
a
commissioned
officer,
the
sworn
testimony,
contained
in
the
duly
33
authenticated
record
of
proceedings
of
a
court
of
inquiry,
of
a
person
whose
34
oral
testimony
cannot
be
obtained,
may,
if
otherwise
admissible
under
the
35
rules
of
evidence,
be
read
in
evidence
by
any
party
before
a
court
-
martial
if
36
the
accused
was
a
party
before
the
court
of
inquiry
and
if
the
same
issue
was
37
involved
or
if
the
accused
consents
to
the
introduction
of
such
evidence.
38
(b)
Use
of
evidence
by
defense.
Such
testimony
may
be
read
in
evidence
39
only
by
the
defense
in
cases
extending
to
the
dismissal
of
a
commissioned
of
-
40
ficer.
41
(c)
Use
in
courts
of
inquiry
and
military
boards.
Such
testimony
may
42
also
be
read
in
evidence
before
a
court
of
inquiry.
43
(d)
Audiotape
or
videotape.
Sworn
testimony
that
is
recorded
by
au
-
44
diotape,
videotape,
or
similar
method,
and
is
contained
in
the
duly
authen
-
45
ticated
record
of
proceedings
of
a
court
of
inquiry,
is
admissible
before
a
46
court
-
martial,
military
commission,
court
of
inquiry,
or
military
board,
to
47

31
the
same
extent
as
sworn
testimony
may
be
read
in
evidence
before
any
such
1
body
under
subsection
(a),
(b),
or
(c)
of
this
article.
2
ARTICLE
50a.
DEFENSE
OF
LACK
OF
MENTAL
RESPONSIBILITY
3
(a)
It
is
an
affirmative
defense
in
a
trial
by
court
-
martial
that,
at
4
the
time
of
the
commission
of
the
acts
constituting
the
offense,
the
accused,
5
as
a
result
of
a
severe
mental
disease
or
defect,
was
unable
to
appreciate
the
6
nature
and
quality
or
the
wrongfulness
of
the
acts.
Mental
disease
or
defect
7
does
not
otherwise
constitute
a
defense.
8
(b)
The
accused
has
the
burden
of
proving
the
defense
of
lack
of
mental
9
responsibility
by
clear
and
convincing
evidence.
10
(c)
Whenever
lack
of
mental
responsibility
of
the
accused
with
respect
1
1
to
an
offense
is
properly
at
issue,
the
military
judge
shall
instruct
the
12
members
of
the
court
as
to
the
defense
of
lack
of
mental
responsibility
un
-
13
der
this
article
and
charge
them
to
find
the
accused:
14
(1)
Guilty;
15
(2)
Not
guilty;
or
16
(3)
Not
guilty
only
by
reason
of
lack
of
mental
responsibility.
17
(d)
Subsection
(c)
of
this
article
does
not
apply
to
a
court
-
martial
18
composed
of
a
military
judge
only.
In
the
case
of
a
court
-
martial
composed
19
of
a
military
judge
only
or
a
summary
court
-
martial
officer,
whenever
lack
of
20
mental
responsibility
of
the
accused
with
respect
to
an
offense
is
properly
21
at
issue,
the
military
judge
or
summary
court
-
martial
officer
shall
find
the
22
accused:
23
(1)
Guilty;
24
(2)
Not
guilty;
or
25
(3)
Not
guilty
only
by
reason
of
lack
of
mental
responsibility.
26
(e)
Notwithstanding
the
provisions
of
article
52
of
this
code,
the
ac
-
27
cused
shall
be
found
not
guilty
only
by
reason
of
lack
of
mental
responsibil
-
28
ity
if:
29
(1)
A
majority
of
the
members
of
the
court
-
martial
present
at
the
time
30
the
vote
is
taken
determines
that
the
defense
of
lack
of
mental
respon
-
31
sibility
has
been
established;
or
32
(2)
In
the
case
of
a
court
-
martial
composed
of
a
military
judge
only
or
33
a
summary
court
-
martial
officer,
the
military
judge
or
summary
court
-
34
martial
officer
determines
that
the
defense
of
lack
of
mental
responsi
-
35
bility
has
been
established.
36
ARTICLE
51.
VOTING
AND
RULINGS
37
(a)
Voting
by
members
of
a
general
or
special
court
-
martial
on
the
find
-
38
ings
and
on
the
sentence
shall
be
by
secret
written
ballot.
The
junior
member
39
of
the
court
shall
count
the
votes.
The
count
shall
be
checked
by
the
presi
-
40
dent,
who
shall
forthwith
announce
the
result
of
the
ballot
to
the
members
of
41
the
court.
42
(b)
The
military
judge
shall
rule
upon
all
questions
of
law
and
all
in
-
43
terlocutory
questions
arising
during
the
proceedings.
Any
such
ruling
made
44
by
the
military
judge
upon
any
question
of
law
or
any
interlocutory
question
45
other
than
the
factual
issue
of
mental
responsibility
of
the
accused
is
fi
-
46

32
nal
and
constitutes
the
ruling
of
the
court.
However,
the
military
judge
may
1
change
the
ruling
at
any
time
during
the
trial.
Unless
the
ruling
is
final,
2
if
any
member
objects
thereto,
the
court
shall
be
cleared
and
closed
and
the
3
question
decided
by
a
voice
vote
as
provided
in
article
52
of
this
code,
be
-
4
ginning
with
the
junior
in
rank.
5
(c)
Before
a
vote
is
taken
on
the
findings,
the
military
judge
shall,
in
6
the
presence
of
the
accused
and
counsel,
instruct
the
members
of
the
court
as
7
to
the
elements
of
the
offense
and
charge
them:
8
(1)
That
the
accused
must
be
presumed
to
be
innocent
until
his
guilt
is
9
established
by
legal
and
competent
evidence
beyond
reasonable
doubt;
10
(2)
That
in
the
case
being
considered,
if
there
is
a
reasonable
doubt
as
1
1
to
the
guilt
of
the
accused,
the
doubt
must
be
resolved
in
favor
of
the
12
accused
and
the
accused
must
be
acquitted;
13
(3)
That,
if
there
is
a
reasonable
doubt
as
to
the
degree
of
guilt,
the
14
finding
must
be
in
a
lower
degree
as
to
which
there
is
no
reasonable
15
doubt;
and
16
(4)
That
the
burden
of
proof
to
establish
the
guilt
of
the
accused
be
-
17
yond
reasonable
doubt
is
upon
the
state.
18
(d)
Subsections
(a),
(b),
and
(c)
of
this
article
do
not
apply
to
a
19
court
-
martial
composed
of
a
military
judge
only.
The
military
judge
of
such
20
a
court
-
martial
shall
determine
all
questions
of
law
and
fact
arising
during
21
the
proceedings
and,
if
the
accused
is
convicted,
adjudge
an
appropriate
22
sentence.
The
military
judge
of
such
a
court
-
martial
shall
make
a
general
23
finding
and
shall
in
addition,
on
request,
find
the
facts
specially.
If
an
24
opinion
or
memorandum
of
decision
is
filed,
it
will
be
sufficient
if
the
25
findings
of
fact
appear
therein.
26
ARTICLE
52.
VOTES
REQUIRED
FOR
CONVICTION,
SENTENCING,
AND
OTHER
MATTERS
27
(a)
In
general.
No
person
may
be
convicted
of
an
offense
in
a
general
or
28
special
court
-
martial,
other
than:
29
(1)
After
a
plea
of
guilty
under
article
45(b);
30
(2)
By
a
military
judge
in
a
court
-
martial
with
a
military
judge
alone,
31
under
article
16;
or
32
(3)
In
a
court
-
martial
with
members
under
article
16,
by
the
concur
-
33
rence
of
at
least
three
-
fourths
(3/4)
of
the
members
present
when
the
34
vote
is
taken.
35
(b)
Level
of
concurrence
required.
36
(1)
In
general.
Except
as
provided
in
subsection
(a)
of
this
article
37
and
in
paragraph
(2)
of
this
subsection,
all
matters
to
be
decided
by
38
members
of
a
general
or
special
court
-
martial
shall
be
determined
by
a
39
majority
vote,
but
a
reconsideration
of
a
finding
of
guilty
or
recon
-
40
sideration
of
a
sentence,
with
a
view
toward
decreasing
the
sentence,
41
may
be
made
by
any
lesser
vote
which
indicates
that
the
reconsideration
42
is
not
opposed
by
the
number
of
votes
required
for
that
finding
or
sen
-
43
tence.
44
(2)
Sentencing.
All
sentences
imposed
by
members
shall
be
deter
-
45
mined
by
the
concurrence
of
at
least
three
-
fourths
(3/4)
of
the
members
46
present
when
the
vote
is
taken.
47

33
ARTICLE
53.
FINDINGS
AND
SENTENCING
1
(a)
Announcement.
A
court
-
martial
shall
announce
its
findings
and
sen
-
2
tence
to
the
parties
as
soon
as
determined.
3
(b)
Sentencing
generally.
4
(1)
General
and
special
courts
-
martial.
5
(A)
Sentencing
by
military
judge.
Except
as
provided
in
subpara
-
6
graph
(B)
of
this
paragraph,
and
in
this
code
for
capital
offenses,
7
if
the
accused
is
convicted
of
an
offense
in
a
trial
by
general
or
8
special
court
-
martial,
the
military
judge
shall
sentence
the
ac
-
9
cused.
10
(B)
Sentencing
by
members.
If
the
accused
is
convicted
of
an
of
-
1
1
fense
by
general
or
special
court
-
martial
consisting
of
a
military
12
judge
and
members,
and
the
accused
elects
sentencing
by
members
13
under
article
25,
the
members
shall
sentence
the
accused.
14
(C)
Sentence
of
the
accused.
The
sentence
determined
pursuant
to
15
this
paragraph
constitutes
the
sentence
of
the
accused.
16
(2)
Summary
courts
-
martial.
If
the
accused
is
convicted
of
an
offense
17
in
a
trial
by
summary
court
-
martial,
the
court
-
martial
shall
sentence
18
the
accused.
19
ARTICLE
53a.
PLEA
AGREEMENTS
20
(a)
In
general.
21
(1)
At
any
time
before
the
announcement
of
findings
under
article
53,
22
the
convening
authority
and
the
accused
may
enter
into
a
plea
agree
-
23
ment
with
respect
to
such
matters
as
the
manner
in
which
the
convening
24
authority
will
dispose
of
one
(1)
or
more
charges
and
specifications
25
and
limitations
on
the
sentence
that
may
be
adjudged
for
one
(1)
or
more
26
charges
and
specifications.
27
(2)
The
military
judge
of
a
general
or
special
court
-
martial
may
not
28
participate
in
discussions
between
the
parties
concerning
prospective
29
terms
and
conditions
of
a
plea
agreement.
30
(b)
Limitation
on
acceptance
of
plea
agreements.
The
military
judge
of
31
a
general
or
special
court
-
martial
shall
reject
a
plea
agreement
that:
32
(1)
Contains
a
provision
that
has
not
been
accepted
by
both
parties;
33
(2)
Contains
a
provision
that
is
not
understood
by
the
accused;
34
(3)
Except
as
provided
in
subsection
(c)
of
this
article,
contains
a
35
provision
for
a
sentence
that
is
less
than
the
mandatory
minimum
sen
-
36
tence
applicable
to
an
offense;
37
(4)
Is
prohibited
by
law;
or
38
(5)
Is
contrary
to,
or
is
inconsistent
with,
a
regulation
prescribed
39
by
the
governor
or
his
designated
representative
with
respect
to
terms,
40
conditions,
or
other
aspects
of
plea
agreements.
41
(c)
Limited
conditions
for
acceptance
of
plea
agreement
for
sentence
42
below
mandatory
minimum
for
certain
offenses.
With
respect
to
an
offense:
43
(1)
The
military
judge
may
accept
a
plea
agreement
that
provides
for
a
44
sentence
of
bad
-
conduct
discharge;
and
45
(2)
Upon
recommendation
of
the
trial
counsel,
in
exchange
for
substan
-
46
tial
assistance
by
the
accused
in
the
investigation
or
prosecution
of
47

34
another
person
who
has
committed
an
offense,
the
military
judge
may
ac
-
1
cept
a
plea
agreement
that
provides
for
a
sentence
that
is
less
than
the
2
mandatory
minimum
sentence
for
the
offense
charged.
3
(d)
Binding
effect
of
plea
agreement.
Upon
acceptance
by
the
military
4
judge
of
a
general
or
special
court
-
martial,
a
plea
agreement
shall
bind
the
5
parties
and
the
court
-
martial.
6
ARTICLE
54.
RECORD
OF
TRIAL
7
(a)
General
and
special
courts
-
martial.
Each
general
or
special
court
-
8
martial
shall
keep
a
separate
record
of
the
proceedings
in
each
case
brought
9
before
it.
The
record
shall
be
certified
by
a
court
reporter,
except
that
10
in
the
case
of
death,
disability,
or
absence
of
a
court
reporter,
the
record
1
1
shall
be
certified
by
an
official
selected
as
the
governor
or
his
designated
12
representative
may
prescribe
by
regulation.
13
(b)
(1)
A
complete
verbatim
record
of
the
proceedings
and
testimony
14
shall
be
prepared
in
each
general
and
special
court
-
martial
case
re
-
15
sulting
in
a
conviction;
and
16
(2)
In
all
other
court
-
martial
cases,
the
record
shall
contain
such
17
matters
as
may
be
prescribed
by
regulations.
18
(c)
Summary
courts
-
martial.
Each
summary
court
-
martial
shall
keep
a
19
separate
record
of
the
proceedings
in
each
case,
and
the
record
shall
be
cer
-
20
tified
in
the
manner
as
may
be
prescribed
by
regulations.
21
(d)
Copy
to
accused.
A
copy
of
the
record
of
the
proceedings
of
each
22
general
and
special
court
-
martial
shall
be
given
to
the
accused
as
soon
as
it
23
is
certified.
24
(e)
Contents
of
record.
25
(1)
Except
as
provided
in
paragraph
(2)
of
this
subsection,
the
record
26
shall
contain
such
matters
as
the
governor
or
his
designated
represen
-
27
tative
may
prescribe
by
regulation.
28
(2)
In
accordance
with
regulations
prescribed
by
the
governor
or
his
29
designated
representative,
a
complete
record
of
proceedings
and
testi
-
30
mony
shall
be
prepared
in
any
case
of
a
sentence
of
death,
dismissal,
31
discharge,
confinement
for
more
than
six
(6)
months,
or
forfeiture
of
32
pay
for
more
than
six
(6)
months.
33
(f)
A
copy
of
the
record
of
the
proceedings
of
each
general
and
special
34
court
-
martial
shall
be
given
to
the
accused
as
soon
as
it
is
certified.
35
(g)
In
the
case
of
a
general
or
special
court
-
martial,
upon
request,
a
36
copy
of
all
prepared
records
of
the
proceedings
of
the
court
-
martial
shall
37
be
given
to
the
victim
of
the
offense
if
the
victim
testified
during
the
pro
-
38
ceedings.
The
records
of
the
proceedings
shall
be
provided
without
charge
39
and
as
soon
as
the
records
are
certified.
The
victim
shall
be
notified
of
the
40
opportunity
to
receive
the
records
of
the
proceedings.
41
PART
VIII.
SENTENCES
42
ARTICLE
55.
CRUEL
AND
UNUSUAL
PUNISHMENTS
PROHIBITED
43
Punishment
by
flogging,
or
by
branding,
marking,
or
tattooing
on
the
body,
or
44
any
other
cruel
or
unusual
punishment
may
not
be
adjudged
by
a
court
-
martial
45

35
or
inflicted
upon
any
person
subject
to
this
code.
The
use
of
irons,
single
1
or
double,
except
for
the
purpose
of
safe
custody,
is
prohibited.
2
ARTICLE
56.
SENTENCING
3
(a)
The
punishment
which
a
court
-
martial
may
direct
for
an
offense
may
4
not
exceed
such
limits
as
prescribed
by
this
code,
but
in
no
instance
may
a
5
sentence
exceed
more
than
ten
(10)
years
for
a
military
offense,
nor
shall
a
6
sentence
of
death
be
adjudged.
A
conviction
by
general
court
-
martial
of
any
7
military
offense
for
which
an
accused
may
receive
a
sentence
of
confinement
8
for
more
than
one
(1)
year
is
a
felony
offense.
Except
for
convictions
by
a
9
summary
court
-
martial,
all
other
military
offenses
are
misdemeanors.
Any
10
conviction
by
a
summary
court
-
martial
is
not
a
criminal
conviction.
1
1
(b)
The
limits
of
punishment
for
violations
of
the
punitive
articles
12
prescribed
herein
shall
be
the
lesser
of
the
sentences
prescribed
by
the
13
manual
for
courts
-
martial
of
the
United
States
currently
in
effect,
and
the
14
state
manual
for
courts
-
martial,
but
in
no
instance
shall
any
punishment
15
exceed
that
authorized
by
this
code.
16
(c)
Imposition
of
sentence.
17
(1)
In
general.
In
sentencing
an
accused,
a
court
-
martial
shall
impose
18
punishment
that
is
sufficient,
but
not
greater
than
necessary,
to
pro
-
19
mote
justice
and
to
maintain
good
order
and
discipline
in
the
state
mil
-
20
itary
forces,
taking
into
consideration:
21
(A)
The
nature
and
circumstances
of
the
offense
and
the
history
22
and
characteristics
of
the
accused;
23
(B)
The
impact
of
the
offense
on:
24
(i)
The
financial,
social,
psychological,
or
medical
well
-
25
being
of
any
victim
of
the
offense;
and
26
(ii)
The
mission,
discipline,
or
efficiency
of
the
command
27
of
the
accused
and
any
victim
of
the
offense;
28
(C)
The
need
for
the
sentence:
29
(i)
To
reflect
the
seriousness
of
the
offense;
30
(ii)
To
promote
respect
for
the
law;
31
(iii)
To
provide
just
punishment
for
the
offense;
32
(iv)
To
promote
adequate
deterrence
of
misconduct;
33
(v)
To
protect
others
from
further
crimes
by
the
accused;
34
(vi)
To
rehabilitate
the
accused;
and
35
(vii)
To
provide,
in
appropriate
cases,
the
opportunity
for
36
retraining
and
return
to
duty
to
meet
the
needs
of
the
ser
-
37
vice;
and
38
(D)
The
sentences
available
under
this
chapter.
39
(2)
Sentencing
by
military
judge.
In
announcing
the
sentence
in
a
gen
-
40
eral
or
special
court
-
martial
in
which
the
accused
is
sentenced
by
a
41
military
judge
alone
under
article
53,
the
military
judge
shall,
with
42
respect
to
each
offense
of
which
the
accused
is
found
guilty,
specify
43
the
term
of
confinement,
if
any,
and
the
amount
of
the
fine,
if
any.
If
44
the
accused
is
sentenced
to
confinement
for
more
than
one
(1)
offense,
45
the
military
judge
shall
specify
whether
the
terms
of
confinement
are
to
46
run
consecutively
or
concurrently.
47

36
(3)
Sentencing
by
members.
In
a
general
or
special
court
-
martial
in
1
which
the
accused
has
elected
sentencing
by
members,
the
court
-
martial
2
shall
announce
a
single
sentence
for
all
of
the
offenses
of
which
the
ac
-
3
cused
was
found
guilty.
4
(d)
Appeal
of
sentence
to
the
district
court
of
the
county
where
the
5
court
-
martial
is
held.
6
(1)
With
the
approval
of
the
senior
force
judge
advocate
concerned,
the
7
government
may
appeal
a
sentence,
on
the
grounds
that
the
sentence
vio
-
8
lates
the
law
or
the
sentence
is
unreasonable.
9
(2)
An
appeal
under
this
subsection
must
be
filed
within
forty
-
two
(42)
10
days
after
the
date
of
entry
of
judgment.
1
1
ARTICLE
56a.
RESERVED
12
ARTICLE
57.
EFFECTIVE
DATE
OF
SENTENCES
13
(a)
Execution
of
sentences.
A
court
-
martial
sentence
shall
be
executed
14
and
take
effect
as
follows:
15
(1)
Forfeiture
and
reduction.
A
forfeiture
of
pay
or
allowances
shall
16
be
applicable
to
pay
and
allowances
accruing
on
and
after
the
date
on
17
which
the
sentence
takes
effect.
Any
forfeiture
of
pay
or
allowances
18
or
reduction
in
grade
that
is
included
in
a
sentence
of
a
court
-
martial
19
takes
effect
on
the
earlier
of:
20
(A)
The
date
that
is
fourteen
(14)
days
after
the
date
on
which
the
21
sentence
is
adjudged;
or
22
(B)
In
the
case
of
a
summary
court
-
martial,
the
date
on
which
the
23
sentence
is
approved
by
the
convening
authority.
24
(2)
Confinement.
Any
period
of
confinement
included
in
a
sentence
of
25
a
court
-
martial
begins
to
run
from
the
date
the
sentence
is
adjudged
by
26
the
court
-
martial,
but
periods
during
which
the
sentence
to
confinement
27
is
suspended
or
deferred
shall
be
excluded
in
computing
the
service
of
28
the
term
of
confinement.
29
(3)
Approval
of
dismissal.
If,
in
the
case
of
a
commissioned
officer
,
30
or
cadet,
or
midshipman,
the
sentence
of
a
court
-
martial
extends
to
dis
-
31
missal,
that
part
of
the
sentence
providing
for
dismissal
may
not
be
ex
-
32
ecuted
until
approved
by
the
secretary
concerned
or
such
undersecretary
33
or
assistant
secretary
as
may
be
designated
by
the
secretary
concerned.
34
In
such
a
case,
the
secretary,
undersecretary,
or
assistant
secretary,
35
as
the
case
may
be,
may
commute,
remit,
or
suspend
the
sentence,
or
any
36
part
of
the
sentence,
as
the
secretary
sees
fit.
In
time
of
war
or
na
-
37
tional
emergency,
he
may
commute
a
sentence
of
dismissal
to
reduction
to
38
any
enlisted
grade.
A
person
so
reduced
may
be
required
to
serve
for
the
39
duration
of
the
war
or
emergency
and
six
(6)
months
thereafter.
40
(4)
Completion
of
appellate
review.
If
a
sentence
extends
to
dis
-
41
missal,
or
a
dishonorable
or
bad
-
conduct
discharge,
that
part
of
the
42
sentence
extending
to
dismissal,
or
a
dishonorable
or
bad
-
conduct
dis
-
43
charge,
may
be
executed
in
accordance
with
service
regulations
after
44
completion
of
appellate
review
and,
with
respect
to
dismissal,
approval
45
under
paragraph
(3)
or
(4)
of
this
subsection,
as
appropriate.
46

37
(5)
Other
sentences.
Except
as
otherwise
provided
in
this
subsection,
1
a
general
or
special
court
-
martial
sentence
is
effective
upon
entry
of
2
judgment
and
a
summary
court
-
martial
sentence
is
effective
when
the
3
convening
authority
acts
on
the
sentence.
4
(b)
Deferral
of
sentences.
5
(1)
In
general.
On
application
by
an
accused,
the
convening
authority
6
or,
if
the
accused
is
no
longer
under
his
jurisdiction,
the
officer
ex
-
7
ercising
general
court
-
martial
jurisdiction
over
the
command
to
which
8
the
accused
is
currently
assigned
may,
in
his
sole
discretion,
defer
the
9
effective
date
of
a
sentence
of
confinement,
reduction,
or
forfeiture.
10
The
deferment
shall
terminate
upon
entry
of
judgment
or,
in
the
case
of
1
1
a
summary
court
-
martial,
when
the
convening
authority
acts
on
the
sen
-
12
tence.
The
deferment
may
be
rescinded
at
any
time
by
the
officer
who
13
granted
it
or,
if
the
accused
is
no
longer
under
his
jurisdiction,
by
the
14
officer
exercising
general
court
-
martial
jurisdiction
over
the
command
15
to
which
the
accused
is
currently
assigned.
16
(2)
Deferral
of
certain
persons
sentenced
to
confinement.
In
any
case
17
in
which
a
court
-
martial
sentences
a
person
referred
to
in
paragraph
(3)
18
of
this
subsection
to
confinement,
the
convening
authority
may
defer
19
the
service
of
the
sentence
to
confinement,
without
the
consent
of
that
20
person,
until
after
the
person
has
been
permanently
released
to
the
21
state
military
forces
by
a
state
or
foreign
country
referred
to
in
that
22
paragraph.
23
(3)
Covered
persons.
Paragraph
(2)
of
this
subsection
applies
to
a
per
-
24
son
subject
to
this
chapter
who,
while
in
the
custody
of
a
state
or
for
-
25
eign
country,
is
temporarily
returned
by
that
state
or
foreign
country
26
to
the
state
military
forces
for
trial
by
court
-
martial
and,
after
the
27
court
-
martial,
is
returned
to
that
state
or
foreign
country
under
the
28
authority
of
a
mutual
agreement
or
treaty,
as
the
case
may
be.
29
(4)
State
defined.
In
this
subsection,
the
term
"state"
includes
the
30
District
of
Columbia
and
any
commonwealth,
territory,
or
possession
of
31
the
United
States.
32
(5)
Deferral
while
review
pending.
In
any
case
in
which
a
court
-
martial
33
sentences
a
person
to
confinement,
but
in
which
review
of
the
case
is
34
pending,
the
secretary
concerned
may
defer
further
service
of
the
sen
-
35
tence
to
confinement
while
that
review
is
pending.
36
(c)
Appellate
review.
37
(1)
Completion
of
appellate
review.
Appellate
review
is
complete
under
38
this
article
when
a
review
under
this
code
is
completed
or
a
review
is
39
completed
by
the
Idaho
state
courts
in
accordance
with
the
applicable
40
rules
of
procedure
of
the
Idaho
state
courts.
41
(2)
Completion
as
final
judgment
of
legality
of
proceedings.
The
com
-
42
pletion
of
appellate
review
shall
constitute
a
final
judgment
as
to
the
43
legality
of
the
proceedings.
44
ARTICLE
58.
EXECUTION
OF
CONFINEMENT
45
(a)
A
sentence
of
confinement
adjudged
by
a
court
-
martial,
whether
or
46
not
the
sentence
includes
discharge
or
dismissal,
and
whether
or
not
the
dis
-
47
charge
or
dismissal
has
been
executed,
may
be
carried
into
execution
by
con
-
48

38
finement
in
any
place
authorized
by
this
code.
Persons
so
confined
are
sub
-
1
ject
to
the
same
discipline
and
treatment
as
persons
regularly
confined
or
2
committed
to
that
place
of
confinement.
3
(b)
The
omission
of
"hard
labor"
as
a
sentence
authorized
under
this
4
code
does
not
deprive
the
state
confinement
facility
from
employing
it,
if
it
5
otherwise
is
within
the
authority
of
that
facility
to
do
so.
6
(c)
No
place
of
confinement
may
require
payment
of
any
fee
or
charge
for
7
so
receiving
or
confining
a
person
except
as
otherwise
provided
by
law.
8
ARTICLE
58a.
SENTENCES
-
-
REDUCTION
IN
ENLISTED
GRADE
9
(a)
A
court
-
martial
sentence
of
an
enlisted
member
in
a
pay
grade
above
10
E
-
1,
as
set
forth
in
the
judgment
of
the
court
-
martial
entered
into
the
1
1
record,
includes:
12
(1)
A
dishonorable
or
bad
-
conduct
discharge;
13
(2)
Confinement;
or
14
(3)
Reduction
of
that
member
to
pay
grade
E
-
1,
if
such
a
reduction
is
15
authorized
by
regulation
prescribed
by
the
governor
or
his
designated
16
representative.
The
reduction
in
pay
grade
shall
take
effect
on
the
17
date
on
which
the
judgment
is
so
entered.
18
(b)
If
the
sentence
of
a
member
who
is
reduced
in
pay
grade
under
sub
-
19
section
(a)
of
this
article
is
set
aside
or
reduced,
or,
as
finally
affirmed,
20
does
not
include
any
punishment
named
in
subsection
(a)(1)
or
(2)
of
this
ar
-
21
ticle,
the
rights
and
privileges
of
which
the
person
was
deprived
because
of
22
that
reduction
shall
be
restored,
including
pay
and
allowances.
23
ARTICLE
58b.
SENTENCES
-
-
FORFEITURE
OF
24
PAY
AND
ALLOWANCES
DURING
CONFINEMENT
25
(a)
Generally.
26
(1)
A
court
-
martial
sentence
described
in
paragraph
(2)
of
this
subsec
-
27
tion
shall
result
in
the
forfeiture
of
pay,
or
of
pay
and
allowances,
due
28
that
member
during
any
period
of
confinement
or
parole.
The
forfeiture
29
pursuant
to
this
article
shall
take
effect
on
the
date
determined
under
30
this
code
and
may
be
deferred
as
provided
by
this
code.
The
pay
and
al
-
31
lowances
forfeited,
in
the
case
of
a
general
court
-
martial,
shall
be
all
32
pay
and
allowances
due
that
member
during
such
period
and,
in
the
case
of
33
a
special
court
-
martial,
shall
be
two
-
thirds
(2/3)
of
all
pay
due
that
34
member
during
such
period.
35
(2)
A
sentence
covered
by
this
article
is
any
sentence
that
includes:
36
(A)
Confinement
for
more
than
six
(6)
months;
or
37
(B)
Confinement
for
six
(6)
months
or
less
and
a
dishonorable
or
38
bad
-
conduct
discharge
or
dismissal.
39
(b)
In
a
case
involving
an
accused
who
has
dependents,
the
convening
au
-
40
thority
or
other
person
acting
under
article
60
of
this
code
may
waive
any
41
or
all
of
the
forfeitures
of
pay
and
allowances
required
by
subsection
(a)
42
of
this
article
for
a
period
not
to
exceed
six
(6)
months.
Any
amount
of
pay
43
or
allowances
that,
except
for
a
waiver
under
this
subsection,
would
be
for
-
44
feited
shall
be
paid,
as
the
convening
authority
or
other
person
taking
ac
-
45
tion
directs,
to
the
dependents
of
the
accused.
46

39
(c)
If
the
sentence
of
a
member
who
forfeits
pay
and
allowances
under
1
subsection
(a)
of
this
article
is
set
aside
or
disapproved
or,
as
finally
ap
-
2
proved,
does
not
provide
for
a
punishment
referred
to
in
subsection
(a)(2)
of
3
this
article,
the
member
shall
be
paid
the
pay
and
allowances
which
the
mem
-
4
ber
would
have
been
paid,
except
for
the
forfeiture,
for
the
period
during
5
which
the
forfeiture
was
in
effect.
6
PART
IX.
POSTTRIAL
PROCEDURE
AND
REVIEW
OF
COURTS
-
MARTIAL
7
ARTICLE
59.
ERROR
OF
LAW
-
-
LESSER
INCLUDED
OFFENSE
8
(a)
A
finding
or
sentence
of
a
court
-
martial
may
not
be
held
incorrect
9
on
the
ground
of
an
error
of
law
unless
the
error
materially
prejudices
the
10
substantial
rights
of
the
accused.
1
1
(b)
Any
reviewing
authority
with
the
power
to
approve
or
affirm
a
find
-
12
ing
of
guilty
may
approve
or
affirm,
instead,
so
much
of
the
finding
as
in
-
13
cludes
a
lesser
included
offense.
14
ARTICLE
60.
POSTTRIAL
PROCESSING
IN
GENERAL
AND
SPECIAL
COURTS
-
MARTIAL
15
(a)
Statement
of
trial
results.
16
(1)
The
military
judge
of
a
general
or
special
court
-
martial
shall
en
-
17
ter
into
the
record
of
trial
a
document
entitled
"statement
of
trial
re
-
18
sults,"
which
shall
set
forth:
19
(A)
Each
plea
and
finding;
20
(B)
The
sentence,
if
any;
and
21
(C)
Such
other
information
as
the
governor
or
his
designated
rep
-
22
resentative
may
prescribe
by
regulation.
23
(2)
Copies
of
the
statement
of
trial
results
shall
be
provided
promptly
24
to
the
convening
authority,
the
accused,
and
any
victim
of
the
offense.
25
(b)
Posttrial
motions.
In
accordance
with
regulations
prescribed
by
26
the
governor
or
his
designated
representative,
the
military
judge
in
a
gen
-
27
eral
or
special
court
-
martial
shall
address
all
posttrial
motions
and
other
28
posttrial
matters
that:
29
(1)
May
affect
a
plea,
a
finding,
the
sentence,
the
statement
of
trial
30
results,
the
record
of
trial,
or
any
posttrial
action
by
the
convening
31
authority;
and
32
(2)
Are
subject
to
resolution
by
the
military
judge
before
entry
of
33
judgment.
34
ARTICLE
61.
WAIVER
OF
RIGHT
TO
APPEAL
-
-
WITHDRAWAL
OF
APPEAL
35
(a)
Waiver
of
right
to
appeal.
After
entry
of
judgment
in
a
general
36
or
special
court
-
martial,
under
procedures
prescribed
by
the
secretary
con
-
37
cerned,
the
accused
may
waive
the
right
to
appellate
review
in
each
case
sub
-
38
ject
to
such
review
under
this
code.
Such
a
waiver
shall
be
signed
by
the
ac
-
39
cused
and
by
defense
counsel
and
attached
to
the
record
of
trial.
40
(b)
Withdrawal
of
appeal.
In
a
general
or
special
court
-
martial,
the
41
accused
may
withdraw
an
appeal
at
any
time.
42

40
(c)
Waiver
or
withdrawal
as
bar.
A
waiver
or
withdrawal
under
this
ar
-
1
ticle
bars
review
under
this
code.
2
ARTICLE
62.
APPEAL
BY
THE
STATE
3
(a)
Generally.
4
(1)
In
a
trial
by
court
-
martial
in
which
a
punitive
discharge
may
be
ad
-
5
judged,
the
state
may
appeal
the
following,
other
than
a
finding
of
not
6
guilty
with
respect
to
the
charge
or
specification
by
the
members
of
the
7
court
-
martial,
or
by
a
judge
in
a
bench
trial
so
long
as
it
is
not
made
in
8
reconsideration:
9
(A)
An
order
or
ruling
of
the
military
judge
which
terminates
the
10
proceedings
with
respect
to
a
charge
or
specification.
1
1
(B)
An
order
or
ruling
which
excludes
evidence
that
is
substantial
12
proof
of
a
fact
material
in
the
proceeding.
13
(C)
An
order
or
ruling
which
directs
the
disclosure
of
classified
14
information.
15
(D)
An
order
or
ruling
which
imposes
sanctions
for
nondisclosure
16
of
classified
information.
17
(E)
A
refusal
of
the
military
judge
to
issue
a
protective
order
18
sought
by
the
state
to
prevent
the
disclosure
of
classified
infor
-
19
mation.
20
(F)
A
refusal
by
the
military
judge
to
enforce
an
order
described
21
in
subparagraph
(E)
of
this
paragraph
that
has
previously
been
is
-
22
sued
by
appropriate
authority.
23
(G)
An
order
or
ruling
of
the
military
judge
entering
a
finding
of
24
not
guilty
with
respect
to
a
charge
or
specification
following
the
25
return
of
a
finding
of
guilty
by
the
members.
26
(2)
(A)
An
appeal
of
an
order
or
ruling
may
not
be
taken
unless
27
the
trial
counsel
provides
the
military
judge
with
written
notice
28
of
appeal
from
the
order
or
ruling
within
seventy
-
two
(72)
hours
29
of
the
order
or
ruling.
Such
notice
shall
include
a
certifica
-
30
tion
by
the
trial
counsel
that
the
appeal
is
not
taken
for
the
pur
-
31
pose
of
delay
and,
if
the
order
or
ruling
appealed
is
one
which
ex
-
32
cludes
evidence,
that
the
evidence
excluded
is
substantial
proof
33
of
a
fact
material
in
the
proceeding.
34
(B)
An
appeal
of
an
order
or
ruling
may
not
be
taken
when
prohib
-
35
ited
by
article
44.
36
(3)
An
appeal
under
this
article
shall
be
diligently
prosecuted
as
pro
-
37
vided
by
law.
38
(b)
An
appeal
under
this
article
shall
be
forwarded
to
the
court
pre
-
39
scribed
in
article
67a
of
this
code.
In
ruling
on
an
appeal
under
this
arti
-
40
cle,
that
court
may
act
only
with
respect
to
matters
of
law.
41
(c)
Any
period
of
delay
resulting
from
an
appeal
under
this
article
42
shall
be
excluded
in
deciding
any
issue
regarding
denial
of
a
speedy
trial
43
unless
an
appropriate
authority
determines
that
the
appeal
was
filed
solely
44
for
the
purpose
of
delay
with
the
knowledge
that
it
was
totally
frivolous
and
45
without
merit.
46
(d)
The
United
States
may
appeal
a
ruling
or
order
of
a
military
magis
-
47
trate
in
the
same
manner
as
had
the
ruling
or
order
been
made
by
a
military
48

41
judge,
except
that
the
issue
shall
first
be
presented
to
the
military
judge
1
who
designated
the
military
magistrate
or
to
a
military
judge
detailed
to
2
hear
the
issue.
3
(e)
The
provisions
of
this
article
shall
be
liberally
construed
to
ef
-
4
fect
its
purposes.
5
ARTICLE
63.
REHEARINGS
6
(a)
Each
rehearing
under
this
code
shall
take
place
before
a
court
-
mar
-
7
tial
composed
of
members
not
members
of
the
court
-
martial
which
first
heard
8
the
case.
Upon
a
rehearing,
the
accused
may
not
be
tried
for
any
offense
of
9
which
he
was
found
not
guilty
by
the
first
court
-
martial,
and
no
sentence
10
in
excess
of
or
more
severe
than
the
original
sentence
may
be
adjudged,
un
-
1
1
less
the
sentence
is
based
upon
a
finding
of
guilty
of
an
offense
not
consid
-
12
ered
upon
the
merits
in
the
original
proceedings,
or
unless
the
sentence
pre
-
13
scribed
for
the
offense
is
mandatory.
14
(b)
If
the
sentence
adjudged
by
the
first
court
-
martial
was
in
accor
-
15
dance
with
a
plea
agreement
under
article
53a
and
the
accused
at
the
rehear
-
16
ing
does
not
comply
with
the
agreement,
or
if
a
plea
of
guilty
was
entered
for
17
an
offense
at
the
first
court
-
martial
and
a
plea
of
not
guilty
was
entered
18
at
the
rehearing,
the
sentence
as
to
those
charges
or
specifications
may
in
-
19
clude
any
punishment
not
in
excess
of
that
which
could
have
been
adjudged
at
20
the
first
court
-
martial,
subject
to
such
limitations
as
the
governor
or
his
21
designated
representative
may
prescribe
by
regulation.
22
(c)
If,
after
appeal
by
the
government
under
article
56(d),
the
sen
-
23
tence
adjudged
is
set
aside
and
a
rehearing
on
sentence
is
ordered
by
the
24
state
court,
the
court
-
martial
may
impose
any
sentence
that
is
in
accordance
25
with
the
order
or
ruling
setting
aside
the
adjudged
sentence,
subject
to
such
26
limitations
as
the
governor
or
his
designated
representative
may
prescribe
27
by
regulation.
28
ARTICLE
64.
REVIEW
BY
THE
SENIOR
FORCE
JUDGE
ADVOCATE
29
-
-
REVIEW
OF
FINDING
OF
GUILTY
IN
SUMMARY
COURT
-
MARTIAL
30
(a)
The
senior
force
judge
advocate's
review
shall
be
in
writing
and
31
shall
contain
the
following:
32
(1)
Conclusions
as
to
whether:
33
(A)
The
court
had
jurisdiction
over
the
accused
and
the
offense;
34
(B)
The
charge
and
specification
stated
an
offense;
and
35
(C)
The
sentence
was
within
the
limits
prescribed
as
a
matter
of
36
law.
37
(2)
A
response
to
each
allegation
of
error
made
in
writing
by
the
ac
-
38
cused.
39
(3)
If
the
case
is
sent
for
action
under
subsection
(b)
of
this
article,
40
a
recommendation
as
to
the
appropriate
action
to
be
taken
and
an
opinion
41
as
to
whether
corrective
action
is
required
as
a
matter
of
law.
42
(b)
Record.
The
record
of
trial
and
related
documents
in
each
case
re
-
43
viewed
under
subsection
(a)
of
this
article
shall
be
sent
for
action
to
the
44
adjutant
general
if:
45

42
(1)
The
judge
advocate
who
reviewed
the
case
recommends
corrective
ac
-
1
tion;
2
(2)
The
sentence
approved
under
this
code
extends
to
dismissal,
a
bad
-
3
conduct
or
dishonorable
discharge,
or
confinement
for
more
than
six
(6)
4
months;
or
5
(3)
Such
action
is
otherwise
required
by
regulations
of
the
adjutant
6
general.
7
(c)
The
adjutant
general's
discretion.
8
(1)
The
adjutant
general
may:
9
(A)
Disapprove
or
approve
the
findings
or
sentence,
in
whole
or
in
10
part;
1
1
(B)
Remit,
commute,
or
suspend
the
sentence
in
whole
or
in
part;
12
(C)
Except
where
the
evidence
was
insufficient
at
the
trial
to
13
support
the
findings,
order
a
rehearing
on
the
findings,
on
the
14
sentence,
or
on
both;
or
15
(D)
Dismiss
the
charges.
16
(2)
If
a
rehearing
is
ordered
but
the
convening
authority
finds
a
17
rehearing
impracticable,
the
convening
authority
shall
dismiss
the
18
charges.
19
(3)
If
the
opinion
of
the
senior
force
judge
advocate,
or
designee,
in
20
the
senior
force
judge
advocate's
review
under
subsection
(a)
of
this
21
article
is
that
corrective
action
is
required
as
a
matter
of
law
and
if
22
the
adjutant
general
does
not
take
action
that
is
at
least
as
favorable
23
to
the
accused
as
that
recommended
by
the
judge
advocate,
the
record
of
24
trial
and
action
thereon
shall
be
sent
to
the
governor
for
review
and
ac
-
25
tion
as
deemed
appropriate.
26
(d)
The
senior
force
judge
advocate,
or
a
designee,
may
review
any
case
27
in
which
there
has
been
a
finding
of
not
guilty
of
all
charges
and
specifica
-
28
tions.
The
senior
force
judge
advocate,
or
designee,
may
not
review
a
case
29
under
this
subsection
if
that
person
has
acted
in
the
same
case
as
an
ac
-
30
cuser,
investigating
officer,
member
of
the
court,
military
judge,
or
coun
-
31
sel
or
has
otherwise
acted
on
behalf
of
the
prosecution
or
defense.
The
se
-
32
nior
force
judge
advocate's
review
shall
be
limited
to
questions
of
subject
33
matter
jurisdiction.
34
(e)
The
record
of
trial
and
related
documents
in
each
case
reviewed
un
-
35
der
subsection
(d)
of
this
article
shall
be
sent
for
action
to
the
adjutant
36
general.
37
(1)
The
adjutant
general
may:
38
(A)
When
subject
matter
jurisdiction
is
found
to
be
lacking,
void
39
the
court
-
martial
ab
initio,
with
or
without
prejudice
to
the
gov
-
40
ernment,
as
the
adjutant
general
deems
appropriate;
or
41
(B)
Return
the
record
of
trial
and
related
documents
to
the
senior
42
force
judge
advocate
for
appeal
by
the
government
as
provided
by
43
law.
44
ARTICLE
65.
TRANSMITTAL
AND
REVIEW
OF
RECORDS
45
(a)
Finding
of
guilty
in
general
or
special
court
-
martial.
If
the
judg
-
46
ment
of
a
general
or
special
court
-
martial
entered
under
this
code
includes
47

43
a
finding
of
guilty,
the
record
shall
be
transmitted
to
the
state
staff
judge
1
advocate.
2
(b)
Other
cases.
In
all
other
cases,
records
of
trial
by
court
-
martial
3
and
related
documents
shall
be
transmitted
and
disposed
of
as
the
adjutant
4
general
may
prescribe
by
regulation.
5
ARTICLE
66.
RESERVED
6
ARTICLE
67.
RESERVED
7
ARTICLE
67a.
REVIEW
BY
STATE
APPELLATE
AUTHORITY
8
Decisions
of
a
court
-
martial
are
from
a
court
with
jurisdiction
to
issue
9
felony
convictions
and
appeals
therefrom
will
be
made
to
the
district
court
10
of
the
judicial
district
wherein
the
court
-
martial
was
conducted
within
1
1
forty
-
two
(42)
days
from
the
entry
of
judgment.
For
courts
-
martial
held
out
-
12
side
of
the
state
of
Idaho,
venue
for
appeal
purposes
shall
be
in
the
district
13
court
of
the
fourth
judicial
district,
Ada
county,
Idaho.
The
appellate
pro
-
14
cedures
to
be
followed
shall
be
those
provided
by
law
and
rule
for
the
appeal
15
of
state
criminal
cases.
16
ARTICLE
68.
RESERVED
17
ARTICLE
69.
RESERVED
18
ARTICLE
70.
APPELLATE
COUNSEL
19
(a)
The
senior
force
judge
advocate
shall
detail
a
judge
advocate
as
ap
-
20
pellate
government
counsel
to
represent
the
state
in
the
review
or
appeal
of
21
cases
specified
in
article
67a
of
this
code
and
before
any
federal
court
when
22
requested
to
do
so
by
the
state
attorney
general.
Appellate
government
coun
-
23
sel
must
be
a
member
in
good
standing
of
the
bar
of
the
highest
court
of
the
24
state
to
which
the
appeal
is
taken.
25
(b)
Upon
an
appeal
by
the
state,
an
accused
has
the
right
to
be
repre
-
26
sented
by
detailed
military
counsel
before
any
reviewing
authority
and
be
-
27
fore
any
appellate
court.
28
(c)
Upon
the
appeal
by
an
accused,
the
accused
has
the
right
to
be
repre
-
29
sented
by
military
counsel
before
any
reviewing
authority.
30
(d)
Upon
the
request
of
an
accused
entitled
to
be
so
represented,
the
31
senior
force
judge
advocate
shall
appoint
a
judge
advocate
to
represent
the
32
accused
in
the
review
or
appeal
of
cases
specified
in
subsections
(b)
and
(c)
33
of
this
article.
34
(e)
An
accused
may
be
represented
by
civilian
appellate
counsel
at
no
35
expense
to
the
state.
36
ARTICLE
71.
EXECUTION
OF
SENTENCE
-
-
SUSPENSION
OF
SENTENCE
37
(a)
If
the
sentence
of
the
court
-
martial
extends
to
dismissal
or
a
dis
-
38
honorable
or
bad
-
conduct
discharge
and
if
the
right
of
the
accused
to
appel
-
39
late
review
is
not
waived,
and
an
appeal
is
not
withdrawn
under
article
61
of
40

44
this
code,
that
part
of
the
sentence
extending
to
dismissal
or
a
dishonorable
1
or
bad
-
conduct
discharge
may
not
be
executed
until
there
is
a
final
judgment
2
as
to
the
legality
of
the
proceedings.
A
judgment
as
to
the
legality
of
the
3
proceedings
is
final
in
such
cases
when
review
is
completed
by
an
appellate
4
court
prescribed
in
article
67a
of
this
code
and
is
deemed
final
by
the
law
of
5
state
where
the
judgment
was
had.
6
(b)
If
the
sentence
of
the
court
-
martial
extends
to
dismissal
or
a
dis
-
7
honorable
or
bad
conduct
discharge
and
if
the
right
of
the
accused
to
appel
-
8
late
review
is
waived,
or
an
appeal
is
withdrawn
under
article
61
of
this
9
code,
that
part
of
the
sentence
extending
to
dismissal
or
a
dishonorable
or
10
bad
-
conduct
discharge
may
not
be
executed
until
review
of
the
case
by
the
se
-
1
1
nior
force
judge
advocate
and
any
action
on
that
review
under
article
64
of
12
this
code
is
completed.
Any
other
part
of
a
court
-
martial
sentence
may
be
or
-
13
dered
executed
by
the
convening
authority
or
other
person
acting
on
the
case
14
under
article
60
of
this
code
when
so
approved
under
that
article.
15
ARTICLE
72.
VACATION
OF
SUSPENSION
16
(a)
Before
the
vacation
of
the
suspension
of
a
special
court
-
martial
17
sentence,
which
as
approved
includes
a
bad
-
conduct
discharge,
or
of
any
gen
-
18
eral
court
-
martial
sentence,
the
officer
having
special
court
-
martial
ju
-
19
risdiction
over
the
probationer
shall
hold
a
hearing
on
an
alleged
violation
20
of
probation.
The
special
court
-
martial
convening
authority
may
detail
a
21
judge
advocate
who
is
certified
under
article
27(b)
of
this
code
to
conduct
22
the
hearing.
The
probationer
shall
be
represented
at
the
hearing
by
military
23
counsel
if
the
probationer
so
desires.
24
(b)
The
record
of
the
hearing
and
the
recommendation
of
the
officer
hav
-
25
ing
special
court
-
martial
jurisdiction
shall
be
sent
for
action
to
the
offi
-
26
cer
exercising
general
court
-
martial
jurisdiction
over
the
probationer.
If
27
the
officer
exercising
general
court
-
martial
jurisdiction
vacates
the
sus
-
28
pension,
any
unexecuted
part
of
the
sentence,
except
a
dismissal,
shall
be
29
executed,
subject
to
applicable
restrictions
under
article
57
in
this
code.
30
(c)
The
suspension
of
any
other
sentence
may
be
vacated
by
any
authority
31
competent
to
convene,
for
the
command
in
which
the
accused
is
serving
or
as
-
32
signed,
a
court
of
the
kind
that
imposed
the
sentence.
33
ARTICLE
73.
PETITION
FOR
A
NEW
TRIAL
34
At
any
time
within
three
(3)
years
after
approval
by
the
convening
authority
35
of
a
court
-
martial
sentence,
the
accused
may
petition
the
adjutant
general
36
for
a
new
trial
on
the
grounds
of
newly
discovered
evidence
or
fraud
on
the
37
court
-
martial.
38
ARTICLE
74.
REMISSION
AND
SUSPENSION
39
(a)
Any
authority
competent
to
convene,
for
the
command
in
which
the
ac
-
40
cused
is
serving
or
assigned,
a
court
of
the
kind
that
imposed
the
sentence
41
may
remit
or
suspend
any
part
or
amount
of
the
unexecuted
part
of
any
sen
-
42
tence,
including
all
uncollected
forfeitures
other
than
a
sentence
approved
43
by
the
governor.
44

45
(b)
The
governor
may,
for
good
cause,
substitute
an
administrative
form
1
of
discharge
for
a
discharge
or
dismissal
executed
in
accordance
with
the
2
sentence
of
a
court
-
martial.
3
ARTICLE
75.
RESTORATION
4
(a)
Under
such
regulations
as
may
be
prescribed,
all
rights,
privi
-
5
leges,
and
property
affected
by
an
executed
part
of
a
court
-
martial
sentence
6
which
has
been
set
aside
or
disapproved,
except
an
executed
dismissal
or
7
discharge,
shall
be
restored
unless
a
new
trial
or
rehearing
is
ordered
and
8
such
executed
part
is
included
in
a
sentence
imposed
upon
the
new
trial
or
9
rehearing.
10
(b)
If
a
previously
executed
sentence
of
dishonorable
or
bad
-
conduct
1
1
discharge
is
not
imposed
on
a
new
trial,
the
governor
or
his
designated
rep
-
12
resentative
may
substitute
therefor
a
form
of
discharge
authorized
for
ad
-
13
ministrative
issuance
unless
the
accused
is
to
serve
out
the
remainder
of
the
14
accused's
enlistment.
15
(c)
If
a
previously
executed
sentence
of
dismissal
is
not
imposed
on
16
a
new
trial,
the
governor
or
his
designated
representative
may
substitute
17
therefor
a
form
of
discharge
authorized
for
administrative
issue,
and
the
18
commissioned
officer
dismissed
by
that
sentence
may
be
reappointed
by
the
19
governor
alone
to
such
commissioned
grade
and
with
such
rank
as
in
the
opin
-
20
ion
of
the
governor
that
former
officer
would
have
attained
had
he
not
been
21
dismissed.
The
reappointment
of
such
a
former
officer
shall
be
without
re
-
22
gard
to
the
existence
of
a
vacancy
and
shall
affect
the
promotion
status
of
23
other
officers
only
insofar
as
the
governor
may
direct.
All
time
between
the
24
dismissal
and
the
reappointment
shall
be
considered
as
actual
service
for
25
all
purposes,
including
the
right
to
pay
and
allowances.
26
(d)
The
adjutant
general
may
prescribe
regulations,
with
such
limita
-
27
tions
as
the
adjutant
general
considers
appropriate,
governing
eligibility
28
for
pay
and
allowances
for
the
period
after
the
date
on
which
an
executed
part
29
of
a
court
-
martial
sentence
is
set
aside.
30
ARTICLE
76.
FINALITY
OF
PROCEEDINGS,
FINDINGS,
AND
SENTENCES
31
The
appellate
review
of
records
of
trial
provided
by
this
code,
the
proceed
-
32
ings,
findings,
and
sentences
of
courts
-
martial
as
approved,
reviewed,
or
33
affirmed
as
required
by
this
code,
and
all
dismissals
and
discharges
car
-
34
ried
into
execution
under
sentences
by
courts
-
martial
following
approval,
35
review,
or
affirmation
as
required
by
this
code
are
final
and
conclusive.
36
Orders
publishing
the
proceedings
of
courts
-
martial
and
all
action
taken
37
pursuant
to
those
proceedings
are
binding
upon
all
departments,
courts,
38
agencies,
and
officers
of
the
United
States
and
the
several
states,
subject
39
only
to
action
upon
a
petition
for
a
new
trial
as
provided
in
article
73
of
40
this
code
and
to
action
under
article
74
of
this
code.
41
ARTICLE
76a.
LEAVE
REQUIRED
TO
BE
TAKEN
PEND
-
42
ING
REVIEW
OF
CERTAIN
COURT
-
MARTIAL
CONVICTIONS
43

46
Under
regulations
prescribed,
an
accused
who
has
been
sentenced
by
a
court
-
1
martial
may
be
required
to
take
leave
pending
completion
of
action
under
this
2
article
if
the
sentence,
as
approved
under
article
60
of
this
code,
includes
3
an
unsuspended
dismissal
or
an
unsuspended
dishonorable
or
bad
-
conduct
dis
-
4
charge.
The
accused
may
be
required
to
begin
such
leave
on
the
date
on
which
5
the
sentence
is
approved
under
article
60
of
this
code
or
at
any
time
after
6
such
date,
and
such
leave
may
be
continued
until
the
date
on
which
action
un
-
7
der
this
article
is
completed
or
may
be
terminated
at
any
earlier
time.
8
ARTICLE
76b.
RESERVED
9
PART
X.
PUNITIVE
ARTICLES
10
ARTICLE
77.
PRINCIPALS
1
1
Any
person
subject
to
this
code
who:
12
(1)
Commits
an
offense
punishable
by
this
code,
or
aids,
abets,
coun
-
13
sels,
commands,
or
procures
its
commission;
or
14
(2)
Causes
an
act
to
be
done
which
if
directly
performed
by
him
would
be
15
punishable
by
this
code;
16
is
a
principal.
17
ARTICLE
78.
ACCESSORY
AFTER
THE
FACT
18
Any
person
subject
to
this
code
who,
knowing
that
an
offense
punishable
by
19
this
code
has
been
committed,
receives,
comforts,
or
assists
the
offender
in
20
order
to
hinder
or
prevent
his
apprehension,
trial,
or
punishment
shall
be
21
punished
as
a
court
-
martial
may
direct.
22
ARTICLE
79.
CONVICTION
OF
OFFENSE
CHARGED,
23
LESSER
INCLUDED
OFFENSES,
AND
ATTEMPTS
24
(a)
In
general.
An
accused
may
be
found
guilty
of
any
of
the
following:
25
(1)
The
offense
charged;
26
(2)
A
lesser
included
offense;
27
(3)
An
attempt
to
commit
the
offense
charged;
or
28
(4)
An
attempt
to
commit
a
lesser
included
offense,
if
the
attempt
is
an
29
offense
in
its
own
right.
30
(b)
Definition.
In
this
article,
the
term
"lesser
included
offense"
31
means:
32
(1)
An
offense
that
is
necessarily
included
in
the
offense
charged;
and
33
(2)
Any
lesser
included
offense
so
designated
by
regulation
prescribed
34
by
the
adjutant
general.
35
(c)
Regulatory
authority.
Any
designation
of
a
lesser
included
offense
36
in
a
regulation
referred
to
in
subsection
(b)
of
this
article
shall
be
rea
-
37
sonably
included
in
the
greater
offense.
38
ARTICLE
80.
ATTEMPTS
39

47
(a)
An
act
done
with
specific
intent
to
commit
an
offense
under
this
1
code
amounting
to
more
than
mere
preparation
and
tending,
even
though
fail
-
2
ing,
to
effect
its
commission,
is
an
attempt
to
commit
that
offense.
3
(b)
Any
person
subject
to
this
code
who
attempts
to
commit
any
offense
4
punishable
by
this
code
shall
be
punished
as
a
court
-
martial
may
direct,
un
-
5
less
otherwise
specifically
prescribed.
6
(c)
Any
person
subject
to
this
code
may
be
convicted
of
an
attempt
to
7
commit
an
offense
although
it
appears
on
the
trial
that
the
offense
was
con
-
8
summated.
9
ARTICLE
81.
CONSPIRACY
10
Any
person
subject
to
this
code
who
conspires
with
any
other
person
to
com
-
1
1
mit
an
offense
under
this
code
shall,
if
one
(1)
or
more
of
the
conspira
-
12
tors
commits
an
act
to
effect
the
object
of
the
conspiracy,
be
punished
as
a
13
court
-
martial
may
direct.
14
ARTICLE
82.
SOLICITATION
15
(a)
Soliciting
commission
of
offenses
generally.
Any
person
subject
16
to
this
code
who
solicits
or
advises
another
to
commit
an
offense
under
this
17
code,
other
than
an
offense
specified
in
subsection
(b)
of
this
article,
18
shall
be
punished
as
a
court
-
martial
may
direct.
19
(b)
Soliciting
desertion,
mutiny,
sedition,
or
misbehavior
before
the
20
enemy.
Any
person
subject
to
this
code
who
solicits
or
advises
another
to
21
violate
article
85,
article
94,
or
article
99:
22
(1)
If
the
offense
solicited
or
advised
is
attempted
or
is
committed,
23
shall
be
punished
with
the
punishment
provided
for
the
commission
of
the
24
offense;
and
25
(2)
If
the
offense
solicited
or
advised
is
not
attempted
or
committed,
26
shall
be
punished
as
a
court
-
martial
may
direct.
27
ARTICLE
83.
MALINGERING
28
Any
person
subject
to
this
code
who,
for
the
purpose
of
avoiding
work,
duty,
29
or
service,
feigns
illness,
physical
disablement,
mental
lapse,
or
derange
-
30
ment,
or
who
intentionally
inflicts
self
-
injury,
shall
be
punished
as
a
31
court
-
martial
may
direct.
32
ARTICLE
84.
BREACH
OF
MEDICAL
QUARANTINE
33
Any
person
subject
to
this
code
who
is
ordered
into
medical
quarantine
by
a
34
person
authorized
to
issue
such
order
and
who,
with
knowledge
of
the
quar
-
35
antine
and
the
limits
of
the
quarantine,
goes
beyond
those
limits
before
be
-
36
ing
released
from
the
quarantine
by
proper
authority
shall
be
punished
as
a
37
court
-
martial
may
direct.
38
ARTICLE
85.
DESERTION
39
(a)
Any
member
of
the
state
military
forces
who:
40

48
(1)
Without
authority
goes
or
remains
absent
from
his
unit,
organiza
-
1
tion,
or
place
of
duty
with
intent
to
remain
away
there
from
therefrom
2
permanently;
3
(2)
Quits
his
unit,
organization,
or
place
of
duty
with
intent
to
avoid
4
hazardous
duty
or
to
shirk
important
service;
or
5
(3)
Without
being
regularly
separated
from
one
of
the
state
military
6
forces
,
enlists
or
accepts
an
appointment
in
the
same
or
another
one
of
7
the
state
military
forces,
or
in
one
of
the
armed
forces
of
the
United
8
States,
without
fully
disclosing
the
fact
that
he
has
not
been
regularly
9
separated,
or
enters
any
foreign
armed
service
except
when
authorized
10
by
the
United
States;
1
1
is
guilty
of
desertion.
12
(b)
Any
commissioned
officer
of
the
state
military
forces
who,
after
13
tender
of
his
resignation
and
before
notice
of
its
acceptance,
quits
his
14
post
or
proper
duties
without
leave
and
with
intent
to
remain
away
there
from
15
therefrom
permanently
is
guilty
of
desertion.
16
(c)
Any
person
found
guilty
of
desertion
or
attempt
to
desert
shall
be
17
punished,
if
the
offense
is
committed
in
time
of
war,
by
confinement
of
not
18
more
than
ten
(10)
years
or
such
other
punishment
as
a
court
-
martial
may
di
-
19
rect,
but
if
the
desertion
or
attempt
to
desert
occurs
at
any
other
time,
by
20
such
punishment
as
a
court
-
martial
may
direct.
21
ARTICLE
86.
ABSENCE
WITHOUT
LEAVE
22
Any
person
subject
to
this
code
who,
without
authority:
23
(1)
Fails
to
go
to
his
appointed
place
of
duty
at
the
time
prescribed;
24
(2)
Goes
from
that
place;
or
25
(3)
Absents
himself
or
remains
absent
from
his
unit,
organization,
or
26
place
of
duty
at
which
he
is
required
to
be
at
the
time
prescribed;
27
shall
be
punished
as
a
court
-
martial
may
direct.
28
ARTICLE
87.
MISSING
MOVEMENT
29
Any
person
subject
to
this
code
who
through
neglect
or
design
misses
the
30
movement
of
a
ship,
aircraft,
or
unit
with
which
he
is
required
in
the
course
31
of
duty
to
move
shall
be
punished
as
a
court
-
martial
may
direct.
32
ARTICLE
87a.
RESISTANCE,
FLIGHT,
BREACH
OF
ARREST,
AND
ESCAPE
33
Any
person
subject
to
this
code
who
resists
apprehension,
flees
from
appre
-
34
hension,
breaks
arrest,
or
escapes
from
custody
or
confinement
shall
be
pun
-
35
ished
as
a
court
-
martial
may
direct.
36
ARTICLE
87b.
OFFENSES
AGAINST
CORRECTIONAL
CUSTODY
AND
RESTRICTION
37
(a)
Escape
from
correctional
custody.
Any
person
subject
to
this
code:
38
(1)
Who
is
placed
in
correctional
custody
by
a
person
authorized
to
do
39
so;
40
(2)
Who,
while
in
correctional
custody,
is
under
physical
restraint;
41
and
42

49
(3)
Who
escapes
from
the
physical
restraint
before
being
released
from
1
the
physical
restraint
by
proper
authority;
2
shall
be
punished
as
a
court
-
martial
may
direct.
3
(b)
Breach
of
correctional
custody.
Any
person
subject
to
this
code:
4
(1)
Who
is
placed
in
correctional
custody
by
a
person
authorized
to
do
5
so;
6
(2)
Who,
while
in
correctional
custody,
is
under
restraint
other
than
7
physical
restraint;
and
8
(3)
Who
goes
beyond
the
limits
of
the
restraint
before
being
released
9
from
the
correctional
custody
or
relieved
of
the
restraint
by
proper
au
-
10
thority;
1
1
shall
be
punished
as
a
court
-
martial
may
direct.
12
(c)
Breach
of
restriction.
Any
person
subject
to
this
code:
13
(1)
Who
is
ordered
to
be
restricted
to
certain
limits
by
a
person
autho
-
14
rized
to
do
so;
and
15
(2)
Who,
with
knowledge
of
the
limits
of
the
restriction,
goes
beyond
16
those
limits
before
being
released
by
proper
authority;
17
shall
be
punished
as
a
court
-
martial
may
direct.
18
ARTICLE
88.
CONTEMPT
TOWARD
OFFICIALS
19
Any
commissioned
officer
who
uses
contemptuous
words
against
the
president,
20
the
vice
president,
congress,
the
secretary
of
defense,
the
secretary
of
a
21
military
department,
the
secretary
of
homeland
security,
or
the
governor
or
22
legislature
of
the
state
shall
be
punished
as
a
court
-
martial
may
direct.
23
ARTICLE
89.
DISRESPECT
TOWARD
SUPERIOR
COMMISSIONED
OFFICER
24
(a)
Disrespect.
Any
person
subject
to
this
code
who
behaves
with
disre
-
25
spect
toward
that
person's
superior
commissioned
officer
shall
be
punished
26
as
a
court
-
martial
may
direct.
27
(b)
Assault.
Any
person
subject
to
this
code
who
strikes
that
person's
28
superior
commissioned
officer
or
draws
or
lifts
up
any
weapon
or
offers
any
29
violence
against
that
officer
while
the
officer
is
in
the
execution
of
the
30
officer's
office
shall
be
punished:
if
the
offense
is
committed
in
time
of
31
war,
by
confinement
of
not
more
than
ten
(10)
years
or
such
other
punishment
32
as
a
court
-
martial
may
direct;
and,
if
the
offense
is
committed
at
any
other
33
time,
by
such
punishment
as
a
court
-
martial
may
direct.
34
ARTICLE
90.
ASSAULTING
OR
WILLFULLY
DIS
-
35
OBEYING
SUPERIOR
COMMISSIONED
OFFICER
36
Any
person
subject
to
this
code
who:
37
(1)
Strikes
his
superior
commissioned
officer
or
draws
or
lifts
up
any
38
weapon
or
offers
any
violence
against
him
while
he
is
in
the
execution
of
his
39
office;
or
40
(2)
Willfully
disobeys
a
lawful
command
of
his
superior
commissioned
41
officer;
42
shall
be
punished,
if
the
offense
is
committed
in
time
of
war,
by
confinement
43
of
not
more
than
ten
(10)
years
or
such
other
punishment
as
a
court
-
martial
44

50
may
direct,
and
if
the
offense
is
committed
at
any
other
time,
by
such
punish
-
1
ment
as
a
court
-
martial
may
direct.
2
ARTICLE
91.
INSUBORDINATE
CONDUCT
TOWARD
WARRANT
OF
-
3
FICER,
NONCOMMISSIONED
OFFICER
OR
PETTY
OFFICER
4
Any
warrant
officer
or
enlisted
member
who:
5
(1)
Strikes
or
assaults
a
warrant
officer,
noncommissioned
officer,
or
6
petty
officer,
while
that
officer
is
in
the
execution
of
his
office;
7
(2)
Willfully
disobeys
the
lawful
order
of
a
warrant
officer,
noncom
-
8
missioned
officer,
or
petty
officer;
or
9
(3)
Treats
with
contempt
or
is
disrespectful
in
language
or
deportment
10
toward
a
warrant
officer,
noncommissioned
officer,
or
petty
officer,
while
1
1
that
officer
is
in
the
execution
of
his
office;
12
shall
be
punished
as
a
court
-
martial
may
direct.
13
ARTICLE
92.
FAILURE
TO
OBEY
ORDER
OR
REGULATION
14
Any
person
subject
to
this
code
who:
15
(1)
Violates
or
fails
to
obey
any
lawful
general
order
or
regulation;
16
(2)
Having
knowledge
of
any
other
lawful
order
issued
by
a
member
of
the
17
state
military
forces,
which
it
is
his
duty
to
obey,
fails
to
obey
the
order;
18
or
19
(3)
Is
derelict
in
the
performance
of
his
duties;
20
shall
be
punished
as
a
court
-
martial
may
direct.
21
ARTICLE
93.
CRUELTY
AND
MALTREATMENT
22
Any
person
subject
to
this
code
who
is
guilty
of
cruelty
toward,
or
oppres
-
23
sion
or
maltreatment
of,
any
person
subject
to
his
orders
shall
be
punished
24
as
a
court
-
martial
may
direct.
25
ARTICLE
93a.
PROHIBITED
ACTIVITY
WITH
MILITARY
RE
-
26
CRUIT
OR
TRAINEE
BY
PERSON
IN
POSITION
OF
SPECIAL
TRUST
27
(a)
Abuse
of
training
leadership
position.
Any
person
subject
to
this
28
code:
29
(1)
Who
is
an
officer
or
a
noncommissioned
officer;
30
(2)
Who
is
in
a
training
leadership
position
with
respect
to
a
specially
31
protected
junior
member
of
the
state
military
forces;
and
32
(3)
Who
engages
in
prohibited
sexual
activity
with
such
specially
pro
-
33
tected
junior
member
of
the
state
military
forces;
34
shall
be
punished
as
a
court
-
martial
may
direct.
35
(b)
Abuse
of
position
as
military
recruiter.
Any
person
subject
to
this
36
code:
37
(1)
Who
is
a
military
recruiter
and
engages
in
prohibited
sexual
activ
-
38
ity
with
an
applicant
for
state
military
service;
or
39
(2)
Who
is
a
military
recruiter
and
engages
in
prohibited
sexual
ac
-
40
tivity
with
a
specially
protected
junior
member
of
the
state
military
41
forces
who
is
enlisted
under
a
delayed
entry
program;
42

51
shall
be
punished
as
a
court
-
martial
may
direct.
1
(c)
Consent.
Consent
is
not
a
defense
for
any
conduct
at
issue
in
a
2
prosecution
under
this
article.
3
(d)
Definitions.
In
this
article:
4
(1)
"Specially
protected
junior
member
of
the
state
military
forces"
5
means:
6
(A)
A
member
of
the
state
military
forces
who
is
assigned
to,
or
is
7
awaiting
assignment
to,
basic
training
or
other
initial
training,
8
including
a
member
who
is
enlisted
under
a
delayed
entry
program;
9
(B)
A
member
of
the
state
military
forces
who
is
a
cadet,
an
of
-
10
ficer
candidate,
or
a
student
in
any
other
officer
qualification
1
1
program;
and
12
(C)
A
member
of
the
state
military
forces
in
any
program
that,
by
13
regulation
prescribed
by
the
secretary
concerned,
is
identified
14
as
a
training
program
for
initial
career
qualification.
15
(2)
"Training
leadership
position"
means,
with
respect
to
a
specially
16
protected
junior
member
of
the
state
military
forces,
any
instructor
17
position
or
other
leadership
position
in
a
basic
training
program,
18
an
officer
candidate
school,
a
reserve
officers'
training
corps
unit
19
(ROTC),
a
training
program
for
entry
into
the
state
military
forces,
or
20
any
program
that,
by
regulation
prescribed
by
the
secretary
concerned,
21
is
identified
as
a
training
program
for
initial
career
qualification.
22
(3)
"Applicant
for
state
military
service"
means
a
person
who,
under
23
the
regulations
prescribed
by
the
secretary
concerned,
is
an
applicant
24
for
original
enlistment
or
appointment
in
the
state
military
forces.
25
(4)
"Military
recruiter"
means
a
person
who,
under
regulation
pre
-
26
scribed
by
the
secretary
concerned,
has
the
primary
duty
to
recruit
27
persons
for
the
state
military
forces.
28
(5)
"Prohibited
sexual
activity"
means,
as
specified
in
the
regula
-
29
tions
prescribed
by
the
governor
or
his
designated
representative,
30
inappropriate
physical
intimacy
under
circumstances
described
in
such
31
regulations.
32
ARTICLE
94.
MUTINY
OR
SEDITION
33
(a)
Any
person
subject
to
this
code
who:
34
(1)
With
intent
to
usurp
or
override
lawful
military
authority,
re
-
35
fuses,
in
concert
with
any
other
person,
to
obey
orders
or
otherwise
do
36
his
duty
or
creates
any
violence
or
disturbance
is
guilty
of
mutiny;
37
(2)
With
intent
to
cause
the
overthrow
or
destruction
of
lawful
civil
38
authority,
creates,
in
concert
with
any
other
person,
revolt,
violence,
39
or
other
disturbance
against
that
authority
is
guilty
of
sedition;
40
(3)
Fails
to
do
his
utmost
to
prevent
and
suppress
a
mutiny
or
sedi
-
41
tion
being
committed
in
his
presence,
or
fails
to
take
all
reasonable
42
means
to
inform
his
superior
commissioned
officer
or
commanding
officer
43
of
a
mutiny
or
sedition
which
he
knows
or
has
reason
to
believe
is
taking
44
place,
is
guilty
of
a
failure
to
suppress
or
report
a
mutiny
or
sedition.
45
(b)
A
person
who
is
found
guilty
of
attempted
mutiny,
mutiny,
sedition,
46
or
failure
to
suppress
or
report
a
mutiny
or
sedition
shall
be
punished
as
a
47
court
-
martial
may
direct.
48

52
ARTICLE
95.
OFFENSES
BY
SENTINEL
OR
LOOKOUT
1
(a)
Drunk
or
sleeping
on
post,
or
leaving
post
before
being
relieved.
2
Any
sentinel
or
lookout
who
is
drunk
on
post,
who
sleeps
on
post,
or
who
3
leaves
post
before
being
regularly
relieved
shall
be
punished:
4
(1)
If
the
offense
is
committed
in
time
of
war,
by
confinement
of
not
5
more
than
ten
(10)
years
or
other
punishment
as
a
court
-
martial
may
di
-
6
rect;
and
7
(2)
If
the
offense
is
committed
at
any
other
time,
by
such
punishment
as
8
a
court
-
martial
may
direct.
9
(b)
Loitering
or
wrongfully
sitting
on
post.
Any
sentinel
or
lookout
10
who
loiters
or
wrongfully
sits
down
on
post
shall
be
punished
as
a
court
-
mar
-
1
1
ital
may
direct.
12
ARTICLE
95a.
DISRESPECT
TOWARD
SENTINEL
OR
LOOKOUT
13
(a)
Disrespectful
language
toward
sentinel
or
lookout.
Any
person
sub
-
14
ject
to
this
code
who,
knowing
that
another
person
is
a
sentinel
or
lookout,
15
uses
wrongful
and
disrespectful
language
that
is
directed
toward
and
within
16
the
hearing
of
the
sentinel
or
lookout
who
is
in
the
execution
of
duties
as
a
17
sentinel
or
lookout
shall
be
punished
as
a
court
-
martial
may
direct.
18
(b)
Disrespectful
behavior
toward
sentinel
or
lookout.
Any
person
sub
-
19
ject
to
this
code
who,
knowing
that
another
person
is
a
sentinel
or
lookout,
20
behaves
in
a
wrongful
and
disrespectful
manner
that
is
directed
toward
and
21
within
the
sight
of
the
sentinel
or
lookout
who
is
in
the
execution
of
duties
22
as
a
sentinel
or
lookout
shall
be
punished
as
a
court
-
martial
may
direct.
23
ARTICLE
96.
RELEASING
PRISONER
WITHOUT
24
PROPER
AUTHORITY
-
-
DRINKING
WITH
PRISONER
25
(a)
Any
person
subject
to
this
code
who,
without
proper
authority,
re
-
26
leases
any
prisoner
committed
to
his
charge,
or
who
through
neglect
or
design
27
suffers
any
such
prisoner
to
escape,
shall
be
punished
as
a
court
-
martial
may
28
direct,
whether
or
not
the
prisoner
was
committed
in
strict
compliance
with
29
law.
30
(b)
Drinking
with
prisoner.
Any
person
subject
to
this
code
who
unlaw
-
31
fully
drinks
any
alcoholic
beverage
with
a
prisoner
shall
be
punished
as
a
32
court
-
martial
may
direct.
33
ARTICLE
97.
UNLAWFUL
DETENTION
34
Any
person
subject
to
this
code
who,
except
as
provided
by
law
or
regulation,
35
apprehends,
arrests,
or
confines
any
person
shall
be
punished
as
a
court
-
36
martial
may
direct.
37
ARTICLE
98.
MISCONDUCT
AS
PRISONER
38
Any
person
subject
to
this
code
who:
39
(1)
For
the
purpose
of
securing
favorable
treatment
by
his
captors,
40
acts
without
proper
authority
in
a
manner
contrary
to
law,
custom,
or
regu
-
41

53
lation,
to
the
detriment
of
others
of
whatever
nationality
held
by
the
enemy
1
as
civilian
or
military
prisoners;
or
2
(2)
While
in
a
position
of
authority
over
such
persons
,
maltreats
them
3
without
justifiable
cause;
4
shall
be
punished
as
a
court
-
martial
may
direct.
5
ARTICLE
99.
MISBEHAVIOR
BEFORE
THE
ENEMY
6
Any
person
subject
to
this
code
who
before
or
in
the
presence
of
the
enemy:
7
(1)
Runs
away;
8
(2)
Shamefully
abandons,
surrenders,
or
delivers
up
any
command,
unit,
9
place,
or
military
property
which
it
is
his
duty
to
defend;
10
(3)
Through
disobedience,
neglect,
or
intentional
misconduct
endan
-
1
1
gers
the
safety
of
any
such
command,
unit,
place,
or
military
property;
12
(4)
Casts
away
his
arms
or
ammunition;
13
(5)
Is
guilty
of
cowardly
conduct;
14
(6)
Quits
his
place
of
duty
to
plunder
or
pillage;
15
(7)
Causes
false
alarms
in
any
command,
unit,
or
place
under
control
of
16
the
armed
forces
of
the
United
States
or
the
state
military
forces;
17
(8)
Willfully
fails
to
do
his
utmost
to
encounter,
engage,
capture,
or
18
destroy
any
enemy
troops,
combatants,
vessels,
aircraft,
or
any
other
thing,
19
which
it
is
his
duty
so
to
encounter,
engage,
capture,
or
destroy;
or
20
(9)
Does
not
afford
all
practicable
relief
and
assistance
to
any
21
troops,
combatants,
vessels,
or
aircraft
of
the
armed
forces
belonging
to
22
the
United
States
or
its
allies,
to
the
state,
or
to
any
other
state,
when
23
engaged
in
battle;
24
shall
be
punished
as
a
court
-
martial
may
direct.
25
ARTICLE
100.
SUBORDINATE
COMPELLING
SURRENDER
26
Any
person
subject
to
this
code
who
compels
or
attempts
to
compel
the
comman
-
27
der
of
any
of
the
state
military
forces
of
the
state,
or
of
any
other
state,
28
place,
vessel,
aircraft,
or
other
military
property,
or
of
any
body
of
mem
-
29
bers
of
the
armed
forces,
to
give
it
up
to
an
enemy
or
to
abandon
it,
or
who
30
strikes
the
colors
or
flag
to
an
enemy
without
proper
authority,
shall
be
31
punished
as
a
court
-
martial
may
direct.
32
ARTICLE
101.
IMPROPER
USE
OF
COUNTERSIGN
33
Any
person
subject
to
this
code
who
in
time
of
war
discloses
the
parole
or
34
countersign
to
any
person
not
entitled
to
receive
it
or
who
gives
to
another,
35
who
is
entitled
to
receive
and
use
the
parole
or
countersign,
a
different
pa
-
36
role
or
countersign
from
that
which,
to
his
knowledge,
he
was
authorized
and
37
required
to
give,
shall
be
punished
as
a
court
-
martial
may
direct.
38
ARTICLE
102.
FORCING
A
SAFEGUARD
39
Any
person
subject
to
this
code
who
forces
a
safeguard
shall
be
punished
as
a
40
court
-
martial
may
direct.
41

54
ARTICLE
103.
CAPTURED
OR
ABANDONED
PROPERTY
1
(a)
All
persons
subject
to
this
code
shall
secure
all
public
property
2
taken
for
the
service
of
the
United
States
or
the
state
and
shall
give
notice
3
and
turn
over
to
the
proper
authority
without
delay
all
captured
or
abandoned
4
property
in
their
possession,
custody,
or
control.
5
(b)
Any
person
subject
to
this
code
who:
6
(1)
Fails
to
carry
out
the
duties
prescribed
in
subsection
(a)
of
this
7
article;
8
(2)
Buys,
sells,
trades,
or
in
any
way
deals
in
or
disposes
of
taken,
9
captured,
or
abandoned
property,
whereby
he
receives
or
expects
any
10
profit,
benefit,
or
advantage
to
himself
or
another
directly
or
indi
-
1
1
rectly
connected
with
himself;
or
12
(3)
Engages
in
looting
or
pillaging;
13
shall
be
punished
as
a
court
-
martial
may
direct.
14
ARTICLE
103a.
SPIES
-
-
RESERVED
15
ARTICLE
103b.
ESPIONAGE
-
-
RESERVED
16
ARTICLE
103c.
AIDING
THE
ENEMY
17
Any
person
subject
to
this
code
who:
18
(1)
Aids,
or
attempts
to
aid,
the
enemy
with
arms,
ammunition,
sup
-
19
plies,
money,
or
other
things;
or
20
(2)
Without
proper
authority,
knowingly
harbors
or
protects
or
gives
21
intelligence
to,
or
communicates
or
corresponds
with
or
holds
any
in
-
22
tercourse
with
the
enemy,
either
directly
or
indirectly;
23
shall
be
punished
as
a
court
-
martial
may
direct.
24
ARTICLE
104.
PUBLIC
RECORD
OFFENSES
25
Any
person
subject
to
this
code
who,
willfully
and
unlawfully:
26
(1)
Alters,
conceals,
removes,
mutilates,
obliterates,
or
destroys
a
27
public
record;
or
28
(2)
Takes
a
public
record
with
the
intent
to
alter,
conceal,
remove,
mu
-
29
tilate,
obliterate,
or
destroy
the
public
record;
30
shall
be
punished
as
a
court
-
martial
may
direct.
31
ARTICLE
104a.
FRAUDULENT
ENLISTMENT,
APPOINTMENT,
OR
SEPARATION
32
Any
person
who:
33
(1)
Procures
his
own
enlistment
or
appointment
in
the
state
military
34
forces
by
knowingly
false
representation
or
deliberate
concealment
as
to
his
35
qualifications
for
that
enlistment
or
appointment
and
receives
pay
or
al
-
36
lowances
thereunder;
or
37

55
(2)
Procures
his
own
separation
from
the
state
military
forces
by
know
-
1
ingly
false
representation
or
deliberate
concealment
as
to
his
eligibility
2
for
that
separation;
3
shall
be
punished
as
a
court
-
martial
may
direct.
4
ARTICLE
104b.
UNLAWFUL
ENLISTMENT,
APPOINTMENT,
OR
SEPARATION
5
Any
person
subject
to
this
code
who
effects
an
enlistment
or
appointment
in
6
or
a
separation
from
the
state
military
forces
of
any
person
who
is
known
to
7
him
to
be
ineligible
for
that
enlistment,
appointment,
or
separation
because
8
it
is
prohibited
by
law,
regulation,
or
order
shall
be
punished
as
a
court
-
9
martial
may
direct.
10
ARTICLE
105.
RESERVED
1
1
ARTICLE
105a.
FALSE
OR
UNAUTHORIZED
PASS
OFFENSES
12
(1)
Wrongful
making,
altering,
counterfeiting,
tampering.
Any
person
13
subject
to
this
code
who,
wrongfully
and
falsely,
makes,
alters,
counter
-
14
feits,
or
tampers
with
a
military
or
official
pass,
permit,
discharge
cer
-
15
tificate,
or
identification
card
shall
be
punished
as
a
court
-
martial
may
16
direct.
17
(2)
Wrongful
sale,
etc.
Any
person
subject
to
this
code
who
wrongfully
18
sells,
gives,
lends,
or
disposes
of
a
false
or
unauthorized
military
or
of
-
19
ficial
pass,
permit,
discharge
certificate,
or
identification
card,
know
-
20
ing
that
the
pass,
permit,
discharge
certificate,
or
identification
card
is
21
false
or
unauthorized,
shall
be
punished
as
a
court
-
martial
may
direct.
22
(3)
Wrongful
use
or
possession.
Any
person
subject
to
this
code
who
23
wrongfully
uses
or
possesses
a
false
or
unauthorized
military
or
official
24
pass,
permit,
discharge
certificate,
or
identification
card,
knowing
that
25
the
pass,
permit,
discharge
certificate,
or
identification
card
is
false
or
26
unauthorized,
shall
be
punished
as
a
court
-
martial
may
direct.
27
ARTICLE
106.
IMPERSONATION
OF
AN
OFFICER,
NONCOM
-
28
MISSIONED
OR
PETTY
OFFICER,
OR
AGENT
OR
OFFICIAL
29
(1)
In
general.
Any
person
subject
to
this
code
who,
wrongfully
and
30
willfully,
impersonates:
31
(a)
An
officer,
a
noncommissioned
officer,
or
a
petty
officer;
32
(b)
An
agent
of
superior
authority
of
one
of
the
armed
forces;
or
33
(c)
An
officer
of
a
government;
34
shall
be
punished
as
a
court
-
martial
may
direct.
35
(2)
Impersonation
with
intent
to
defraud.
Any
person
subject
to
this
36
code
who,
wrongfully
and
willfully
and
with
intent
to
defraud,
impersonates
37
any
person
referred
to
in
subsection
(1)
of
this
article
shall
be
punished
as
38
a
court
-
martial
may
direct.
39
(3)
Impersonation
of
government
official
without
intent
to
defraud.
40
Any
person
subject
to
this
code
who,
wrongfully
and
willfully
and
without
41
intent
to
defraud,
impersonates
an
official
of
a
government
by
committing
42

56
an
act
that
exercises
or
asserts
the
authority
of
the
office
that
the
person
1
claims
to
have
shall
be
punished
as
a
court
-
martial
may
direct.
2
ARTICLE
106a.
WEARING
UNAUTHORIZED
INSIGNIA,
DEC
-
3
ORATION,
BADGE,
RIBBON,
DEVICE,
OR
LAPEL
BUTTON
4
Any
person
subject
to
this
code:
5
(1)
Who
is
not
authorized
to
wear
an
insignia,
decoration,
badge,
rib
-
6
bon,
device,
or
lapel
button;
and
7
(2)
Who
wrongfully
wears
such
insignia,
decoration,
badge,
ribbon,
de
-
8
vice,
or
lapel
button
upon
the
person's
uniform
or
civilian
clothing;
9
shall
be
punished
as
a
court
-
martial
may
direct.
10
ARTICLE
107.
FALSE
OFFICIAL
STATEMENTS
1
1
(1)
False
official
statements.
Any
person
subject
to
this
code
who,
12
with
intent
to
deceive:
13
(a)
Signs
any
false
record,
return,
regulation,
order,
or
other
offi
-
14
cial
document
in
the
line
of
duty,
knowing
it
to
be
false;
or
15
(b)
Makes
any
other
false
official
statement
in
the
line
of
duty,
know
-
16
ing
it
to
be
false;
17
shall
be
punished
as
a
court
-
martial
may
direct.
18
(2)
False
swearing.
Any
person
subject
to
this
code:
19
(a)
Who
is
on
military
orders;
20
(b)
Who
takes
an
oath
that:
21
(i)
Is
administered
in
a
manner
in
which
such
oath
is
required
or
22
authorized
by
law;
and
23
(ii)
Is
administered
by
a
person
with
authority
to
do
so;
and
24
(c)
Who,
upon
such
oath,
makes
or
subscribes
to
a
statement,
if
the
25
statement
is
false
and
at
the
time
of
taking
the
oath
the
person
does
not
26
believe
the
statement
to
be
true
,
;
27
shall
be
punished
as
a
court
-
martial
may
direct.
28
ARTICLE
107a.
PAROLE
VIOLATION
29
Any
person
subject
to
this
code:
30
(1)
Who,
having
been
a
prisoner
as
the
result
of
a
court
-
martial
convic
-
31
tion
or
other
criminal
proceeding,
is
on
parole
with
conditions;
and
32
(2)
Who
violates
the
conditions
of
parole;
33
shall
be
punished
as
a
court
-
martial
may
direct.
34
ARTICLE
108.
MILITARY
PROPERTY
-
-
LOSS,
DAM
-
35
AGE,
DESTRUCTION
OR
WRONGFUL
DISPOSITION
36
Any
person
subject
to
this
code
who,
without
proper
authority:
37
(1)
Sells
or
otherwise
disposes
of;
38
(2)
Willfully
or
through
neglect
damages,
destroys,
or
loses;
or
39
(3)
Willfully
or
through
neglect
suffers
to
be
lost,
damaged,
de
-
40
stroyed,
sold,
or
wrongfully
disposed
of;
41

57
any
military
property
of
the
United
States
or
of
any
state
shall
be
punished
1
as
a
court
-
martial
may
direct.
2
ARTICLE
108a.
CAPTURED
OR
ABANDONED
PROPERTY
3
(1)
All
persons
subject
to
this
code
shall
secure
all
public
property
4
taken
for
the
service
of
the
United
States,
or
the
state,
and
shall
give
5
notice
and
turn
over
to
the
proper
authority
without
delay
all
captured
or
6
abandoned
property
in
their
possession,
custody,
or
control.
7
(2)
Any
person
subject
to
this
code
who:
8
(a)
Fails
to
carry
out
the
duties
prescribed
in
subsection
(1)
of
this
9
article;
10
(b)
Buys,
sells,
trades,
or
in
any
way
deals
in
or
disposes
of
taken,
1
1
captured,
or
abandoned
property,
whereby
he
receives
or
expects
any
12
profit,
benefit,
or
advantage
to
himself
or
another
directly
or
indi
-
13
rectly
connected
with
himself;
or
14
(c)
Engages
in
looting
or
pillaging;
15
shall
be
punished
as
a
court
-
martial
may
direct.
16
ARTICLE
109.
PROPERTY
OTHER
THAN
MILITARY
17
PROPERTY
-
-
WASTE,
SPOILAGE
OR
DESTRUCTION
18
Any
person
subject
to
this
code
who
willfully
or
recklessly
wastes,
spoils,
19
or
otherwise
willfully
and
wrongfully
destroys
or
damages
any
property
other
20
than
military
property
of
the
United
States
or
of
any
state
shall
be
punished
21
as
a
court
-
martial
may
direct.
22
ARTICLE
109a.
MAIL
MATTER
-
-
WRONGFUL
TAKING,
OPENING
23
(1)
Taking.
Any
person
subject
to
this
code
who,
with
the
intent
to
ob
-
24
struct
the
correspondence
of,
or
to
pry
into
the
business
or
secrets
of,
any
25
person
or
organization,
while
on
military
duty,
wrongfully
takes
mail
matter
26
before
the
mail
matter
is
delivered
to
or
received
by
the
addressee
shall
be
27
punished
as
a
court
-
martial
may
direct.
28
(2)
Opening,
secreting,
destroying,
stealing.
Any
person
subject
to
29
this
code
who,
while
on
military
duty,
wrongfully
opens,
secretes,
destroys,
30
or
steals
mail
matter
before
the
mail
matter
is
delivered
to
or
received
by
31
the
addressee
shall
be
punished
as
a
court
-
martial
may
direct.
32
ARTICLE
110.
IMPROPER
HAZARDING
OF
VESSEL
OR
AIRCRAFT
33
(a)
Willful
and
wrongful
hazarding.
Any
person
subject
to
this
code
who
34
willfully
and
wrongfully
hazards
or
suffers
to
be
hazarded
any
vessel
or
air
-
35
craft
of
the
armed
forces
of
the
United
States
or
any
state
military
forces
36
shall
suffer
such
punishment
as
a
court
-
martial
may
direct.
37
(b)
Negligent
hazarding.
Any
person
subject
to
this
code
who
negli
-
38
gently
hazards
or
suffers
to
be
hazarded
any
vessel
or
aircraft
of
the
armed
39
forces
of
the
United
States
or
any
state
military
forces
shall
be
punished
as
40
a
court
-
martial
may
direct.
41

58
ARTICLE
111.
LEAVING
SCENE
OF
A
VEHICLE
ACCIDENT
1
(a)
Driver.
Any
person
on
state
military
orders:
2
(1)
Who
is
the
driver
of
a
vehicle
that
is
involved
in
an
accident
that
3
results
in
personal
injury
or
property
damage;
and
4
(2)
Who
wrongfully
leaves
the
scene
of
the
accident;
5
(3)
Who,
without
providing
assistance
to
an
injured
person;
or
6
(4)
Who,
without
providing
personal
identification
to
others
involved
7
in
the
accident
or
to
appropriate
authorities;
8
shall
be
punished
as
a
court
-
martial
may
direct.
9
(b)
Senior
passenger.
Any
person
subject
to
this
code:
10
(1)
Who
is
passenger
in
a
vehicle
that
is
involved
in
an
accident
that
1
1
results
in
personal
injury
or
property
damage;
12
(2)
Who
is
the
superior
commissioned
or
noncommissioned
officer
of
the
13
driver
of
the
vehicle
or
is
the
commander
of
the
vehicle;
and
14
(3)
Who
wrongfully
and
unlawfully
orders,
causes,
or
permits
the
driver
15
to
leave
the
scene
of
the
accident;
16
(i)
Without
providing
assistance
to
an
injured
person;
or
17
(ii)
Without
providing
personal
identification
to
others
in
-
18
volved
in
the
accident
or
to
appropriate
authorities;
19
shall
be
punished
as
a
court
-
martial
may
direct.
20
ARTICLE
112.
DRUNKENNESS
AND
OTHER
INCAPACITATION
OFFENSES
21
(1)
Drunk
on
duty.
Any
person
subject
to
this
code
who
is
drunk
on
duty
22
shall
be
punished
as
a
court
-
martial
may
direct.
23
(2)
Incapacitation
for
duty
from
drunkenness
or
drug
use.
Any
person
24
subject
to
this
code
who,
as
a
result
of
indulgence
in
any
alcoholic
bever
-
25
age
or
any
drug,
is
incapacitated
for
the
proper
performance
of
duty
shall
be
26
punished
as
a
court
-
martial
may
direct.
27
(3)
Drunk
prisoner.
Any
person
subject
to
this
code
who
is
a
prisoner
28
and,
while
in
such
status,
is
drunk
shall
be
punished
as
a
court
-
martial
may
29
direct.
30
(4)
Definitions.
"Drunk"
means
any
intoxication
sufficient
to
impair
31
the
rational
and
full
exercise
of
the
mental
or
physical
faculties,
or
an
al
-
32
cohol
concentration
of
0.08
or
more
as
shown
by
an
analysis
of
the
person's
33
blood,
breath,
or
urine
subject
to
the
testing
standards
within
title
18,
34
Idaho
Code.
"Incapacitated"
means
unfit
or
unable
to
perform
duties
prop
-
35
erly
as
a
result
of
prior
alcohol
consumption.
36
(5)
Testing.
Commanders
may
order
the
person
to
provide
a
breath,
37
blood,
or
urine
sample
if
the
commander
has
probable
cause
to
believe
that
38
the
person
is
drunk
or
incapacitated
while
on
duty.
Testing
under
this
ar
-
39
ticle
will
be
performed
by
a
peace
officer,
hospital,
or
health
care
profes
-
40
sional
in
the
jurisdiction
in
which
a
violation
of
this
article
has
occurred.
41
No
military
member,
peace
officer,
hospital,
or
heath
care
professional,
as
42
defined
in
title
18,
Idaho
Code,
shall
incur
any
civil
or
criminal
liability
43
for
any
act
arising
out
of
administering
an
evidentiary
test
for
alcohol
44
concentration
or
for
the
presence
of
drugs
or
other
intoxicating
substances
45
at
the
request
of
a
commander.
In
the
event
a
person
ordered
to
provide
a
46

59
breath,
blood,
or
urine
sample
refuses
to
do
so,
that
person
may
be
punished
1
for
violating
a
lawful
order
as
a
court
-
martial
may
direct.
2
ARTICLE
112a.
WRONGFUL
USE,
POSSESSION,
ETC.,
OF
CONTROLLED
SUBSTANCES
3
(a)
Any
person
subject
to
this
code
who
wrongfully
uses,
possesses,
4
manufactures,
distributes,
imports
into
the
customs
territory
of
the
United
5
States,
exports
from
the
United
States,
or
introduces
into
an
installation,
6
vessel,
vehicle,
or
aircraft
used
by
or
under
the
control
of
the
armed
forces
7
of
the
United
States
or
of
any
state
military
forces
a
substance
described
8
in
subsection
(b)
of
this
article
shall
be
punished
as
a
court
-
martial
may
9
direct.
10
(b)
The
substances
referred
to
in
subsection
(a)
of
this
article
are
the
1
1
following:
12
(1)
Opium,
heroin,
cocaine,
amphetamine,
lysergic
acid
diethylamide,
13
methamphetamine,
phencyclidine,
barbituric
acid,
and
marijuana
and
any
14
compound
or
derivative
of
any
such
substance.
15
(2)
Any
substance
not
specified
in
paragraph
(1)
of
this
subsection
16
that
is
listed
on
a
schedule
of
controlled
substances
prescribed
by
the
17
president
for
the
purposes
of
the
uniform
code
of
military
justice
of
18
the
armed
forces
of
the
United
States,
10
U.S.C.
801
et
seq.
19
(3)
Any
other
substance
not
specified
in
paragraph
(1)
of
this
subsec
-
20
tion
or
contained
on
a
list
prescribed
by
the
president
under
paragraph
21
(2)
of
this
subsection
that
is
listed
in
schedules
I
through
V
of
article
22
202
of
the
controlled
substances
act,
21
U.S.C.
812.
23
ARTICLE
113.
RESERVED
24
ARTICLE
114.
ENDANGERMENT
OFFENSES
25
(a)
Reckless
endangerment.
Any
person
subject
to
this
code
who
engages
26
in
conduct
that:
27
(1)
Is
wrongful
and
reckless
or
is
wanton;
and
28
(2)
Is
likely
to
produce
death
or
grievous
bodily
harm
to
another
per
-
29
son;
30
shall
be
punished
as
a
court
-
martial
may
direct.
31
(b)
Dueling.
Any
person
subject
to
this
code:
32
(1)
Who
fights
or
promotes,
or
is
concerned
in
or
connives
at
fighting,
33
a
duel;
or
34
(2)
Who,
having
knowledge
of
a
challenge
sent
or
about
to
be
sent,
fails
35
to
report
the
fact
promptly
to
the
proper
authority;
36
shall
be
punished
as
a
court
-
martial
may
direct.
37
(c)
Firearm
discharge,
endangering
human
life.
Any
person
subject
to
38
this
code
who
negligently
discharges
a
firearm
under
circumstances
such
as
39
to
endanger
human
life
shall
be
punished
as
a
court
-
martial
may
direct.
40
(d)
Carrying
concealed
weapon.
Any
person
subject
to
this
chapter
41
who,
while
on
military
orders,
unlawfully
or
in
violation
of
the
adjutant
42
general's
policy
or
regulation,
carries
a
dangerous
weapon
concealed
on
or
43
about
his
person
shall
be
punished
as
a
court
-
martial
may
direct.
44

60
ARTICLE
115.
COMMUNICATING
THREATS
1
(1)
Communicating
threats
generally.
Any
person
subject
to
this
code
2
who
wrongfully
communicates
a
threat
to
injure
the
person,
property,
or
rep
-
3
utation
of
another
shall
be
punished
as
a
court
-
martial
may
direct.
4
(2)
Communicating
threat
to
use
explosive,
etc.
Any
person
subject
to
5
this
code
who
wrongfully
communicates
a
threat
to
injure
the
person
or
prop
-
6
erty
of
another
by
use
of:
7
(a)
An
explosive;
8
(b)
A
weapon
of
mass
destruction;
9
(c)
A
biological
or
chemical
agent,
substance,
or
weapon;
or
10
(d)
A
hazardous
material;
1
1
shall
be
punished
as
a
court
-
martial
may
direct.
12
(3)
Communicating
false
threat
concerning
use
of
explosive,
etc.
Any
13
person
subject
to
this
code
who
maliciously
communicates
a
false
threat
con
-
14
cerning
injury
to
the
person
or
property
of
another
by
use
of:
15
(a)
An
explosive;
16
(b)
A
weapon
of
mass
destruction;
17
(c)
A
biological
or
chemical
agent,
substance,
or
weapon;
or
18
(d)
A
hazardous
material;
19
shall
be
punished
as
a
court
-
martial
may
direct.
The
term
"false
threat"
as
20
used
in
this
subsection
means
a
threat
that,
at
the
time
the
threat
is
commu
-
21
nicated,
is
known
to
be
false
by
the
person
communicating
the
threat.
22
ARTICLE
116.
RIOT
OR
BREACH
OF
PEACE
23
Any
person
subject
to
this
code
who
causes
or
participates
in
any
riot
or
24
breach
of
the
peace
shall
be
punished
as
a
court
-
martial
may
direct.
25
ARTICLE
117.
PROVOKING
SPEECHES
OR
GESTURES
26
Any
person
subject
to
this
code
who
uses
provoking
or
reproachful
words
or
27
gestures
towards
any
other
person
subject
to
this
code
shall
be
punished
as
a
28
court
-
martial
may
direct.
29
ARTICLE
118.
RESERVED
30
ARTICLE
119.
RESERVED
31
ARTICLE
120.
RESERVED
32
ARTICLE
121.
RESERVED
33
ARTICLE
122.
RESERVED
34
ARTICLE
123.
OFFENSES
CONCERNING
GOVERNMENT
COMPUTERS
35
(a)
In
general.
Any
person
subject
to
this
chapter
who:
36

61
(1)
Knowingly
accesses
a
government
computer,
with
an
unauthorized
1
purpose,
and
by
doing
so
obtains
classified
information,
with
reason
2
to
believe
such
information
could
be
used
to
the
injury
of
the
United
3
States
or
the
state,
or
to
the
advantage
of
any
foreign
nation,
and
4
intentionally
communicates,
delivers,
transmits,
or
causes
to
be
com
-
5
municated,
delivered,
or
transmitted
such
information
to
any
person
not
6
entitled
to
receive
it;
7
(2)
Intentionally
accesses
a
government
computer,
with
an
unauthorized
8
purpose,
and
thereby
obtains
classified
or
other
protected
information
9
from
any
such
government
computer;
or
10
(3)
Knowingly
causes
the
transmission
of
a
program,
information,
code,
1
1
or
command
and,
as
a
result
of
such
conduct,
intentionally
causes
damage
12
without
authorization
to
a
government
computer;
13
shall
be
punished
as
a
court
-
martial
may
direct.
14
(b)
Definition.
In
this
article,
the
term
"government
computer"
means
15
a
computer
owned
or
operated
by
or
on
behalf
of
the
United
States
government
16
or
state.
17
ARTICLE
123a.
RESERVED
18
ARTICLE
124.
RESERVED
19
ARTICLE
124a.
BRIBERY
20
(a)
Asking
for,
accepting,
or
receiving
a
thing
of
value.
Any
person
21
subject
to
this
code:
22
(1)
Who
occupies
an
official
position
or
who
has
official
duties
with
23
the
state
military
forces;
and
24
(2)
Who
wrongfully
asks,
accepts,
or
receives
a
thing
of
value
with
25
the
intent
to
have
the
person's
decisions
or
actions
influenced
with
26
respect
to
an
official
matter
in
which
the
United
States
or
the
state
is
27
interested;
28
shall
be
punished
as
a
court
-
martial
may
direct.
29
(b)
Promising,
offering,
or
giving
a
thing
of
value.
Any
person
subject
30
to
this
code
who
wrongfully
promises,
offers,
or
gives
a
thing
of
value
to
31
another
person
who
occupies
an
official
position
or
who
has
official
duties
32
with
the
state
military
forces,
with
the
intent
to
influence
the
decision
33
or
action
of
another
person
with
respect
to
an
official
matter
in
which
the
34
United
States
or
the
state
is
interested,
shall
be
punished
as
a
court
-
mar
-
35
tial
may
direct.
36
ARTICLE
124b.
GRAFT
37
(a)
Asking
for,
accepting,
or
receiving
a
thing
of
value.
Any
person
38
subject
to
this
code:
39
(1)
Who
occupies
an
official
position
or
who
has
official
duties
with
40
the
state
military
forces;
and
41
(2)
Who
wrongfully
asks,
accepts,
or
receives
a
thing
of
value
as
com
-
42
pensation
for
or
in
recognition
of
services
rendered
or
to
be
rendered
43

62
by
the
person
with
respect
to
an
official
matter
in
which
the
United
1
States
or
the
state
is
interested;
2
shall
be
punished
as
a
court
-
martial
may
direct.
3
(b)
Promising,
offering,
or
giving
a
thing
of
value.
Any
person
sub
-
4
ject
to
this
code
who
wrongfully
promises,
offers,
or
gives
a
thing
of
value
5
to
another
person
who
occupies
an
official
position
or
who
has
official
du
-
6
ties
with
the
state
military
forces,
as
compensation
for
or
in
recognition
of
7
services
rendered
or
to
be
rendered
by
the
other
person
with
respect
to
an
of
-
8
ficial
matter
in
which
the
United
States
or
the
state
is
interested,
shall
be
9
punished
as
a
court
-
martial
may
direct.
10
ARTICLE
125.
RESERVED
1
1
ARTICLE
126.
RESERVED
12
ARTICLE
127.
RESERVED
13
ARTICLE
128.
RESERVED
14
ARTICLE
129.
RESERVED
15
ARTICLE
130.
RESERVED
16
ARTICLE
131.
RESERVED
17
ARTICLE
131a.
RESERVED
18
ARTICLE
131b.
OBSTRUCTING
JUSTICE
19
Any
person
subject
to
this
code
who
engages
in
conduct
in
the
case
of
a
cer
-
20
tain
person
against
whom
the
accused
had
reason
to
believe
there
were
or
21
would
be
criminal
or
disciplinary
proceedings
pending
pursuant
to
this
code,
22
with
intent
to
influence,
impede,
or
otherwise
obstruct
the
due
administra
-
23
tion
of
justice,
shall
be
punished
as
a
court
-
martial
may
direct.
24
ARTICLE
131c.
MISPRISION
OF
A
SERIOUS
OFFENSE
25
In
general.
Any
person
subject
to
this
code:
26
(1)
Who
knows
that
another
person
has
committed
a
serious
offense;
and
27
(2)
Who
wrongfully
conceals
the
commission
of
the
offense
and
fails
to
28
make
the
commission
of
the
offense
known
to
civilian
or
military
authorities
29
as
soon
as
possible;
30
shall
be
punished
as
a
court
-
martial
may
direct.
31
ARTICLE
131d.
WRONGFUL
REFUSAL
TO
TESTIFY
32
Any
person
subject
to
this
code
who,
in
the
presence
of
a
court
-
martial,
a
33
board
of
officers,
a
military
commission,
a
court
of
inquiry,
a
prelimi
-
34
nary
hearing,
or
an
officer
taking
a
deposition
of
or
for
the
state
military
35
forces
or
for
the
United
States,
wrongfully
refuses
to
qualify
as
a
witness
36

63
or
to
answer
a
question
after
having
been
directed
to
do
so
by
the
person
1
presiding
shall
be
punished
as
a
court
-
martial
may
direct.
2
ARTICLE
131e.
PREVENTION
OF
AUTHORIZED
SEIZURE
OF
PROPERTY
3
Any
person
subject
to
this
code
who,
knowing
that
one
(1)
or
more
persons
au
-
4
thorized
to
make
searches
and
seizures
are
seizing,
are
about
to
seize,
or
5
are
endeavoring
to
seize
property,
destroys,
removes,
or
otherwise
disposes
6
of
the
property
with
intent
to
prevent
the
seizure
thereof
shall
be
punished
7
as
a
court
-
martial
may
direct.
8
ARTICLE
131f.
NONCOMPLIANCE
WITH
PROCEDURAL
RULES
9
Any
person
subject
to
this
code
who:
10
(1)
Is
responsible
for
unnecessary
delay
in
the
disposition
of
any
case
1
1
of
a
person
accused
of
an
offense
under
this
chapter;
or
12
(2)
Knowingly
and
intentionally
fails
to
enforce
or
comply
with
any
13
provision
of
this
chapter
regulating
the
proceedings
before,
during,
or
14
after
trial
of
an
accused;
15
shall
be
punished
as
a
court
-
martial
may
direct.
16
ARTICLE
131g.
WRONGFUL
INTERFERENCE
WITH
ADVERSE
ADMINISTRATIVE
PROCEEDING
17
Any
person
subject
to
this
code
who,
having
reason
to
believe
that
an
adverse
18
administrative
proceeding
is
pending
against
any
person
subject
to
this
19
code,
wrongfully
acts
with
the
intent:
20
(1)
To
influence,
impede,
or
obstruct
the
conduct
of
the
proceeding;
or
21
(2)
Otherwise
to
obstruct
the
due
administration
of
justice;
22
shall
be
punished
as
a
court
-
martial
may
direct.
23
ARTICLE
132.
RETALIATION
24
(a)
Any
person
subject
to
this
code
who,
with
the
intent
to
retaliate
25
against
any
person
for
reporting
or
planning
to
report
a
criminal
offense,
26
or
making
or
planning
to
make
a
protected
communication,
or
with
the
intent
27
to
discourage
any
person
from
reporting
a
criminal
offense
or
making
or
plan
-
28
ning
to
make
a
protected
communication:
29
(1)
Wrongfully
takes
or
threatens
to
take
an
adverse
personnel
action
30
against
any
person;
or
31
(2)
Wrongfully
withholds
or
threatens
to
withhold
a
favorable
person
-
32
nel
action
with
respect
to
any
person;
33
shall
be
punished
as
a
court
-
martial
may
direct.
34
(b)
Definitions.
In
this
article:
35
(1)
"Protected
communication"
means
the
following:
36
(i)
A
lawful
communication
to
a
member
of
congress
or
an
inspector
37
general;
or
38
(ii)
A
communication
to
a
covered
individual
or
organization
39
in
which
a
member
of
the
armed
forces
complains
of,
or
discloses
40
information
that
the
member
reasonably
believes
constitutes
evi
-
41
dence
of,
any
of
the
following:
42

64
(A)
A
violation
of
law
or
regulation,
including
a
law
or
reg
-
1
ulation
prohibiting
sexual
harassment
or
unlawful
discrimi
-
2
nation;
or
3
(B)
Gross
mismanagement,
a
gross
waste
of
funds,
an
abuse
4
of
authority,
or
a
substantial
and
specific
danger
to
public
5
health
or
safety.
6
(2)
"Inspector
general"
has
the
meaning
given
that
term
in
10
U.S.C.
7
1034.
8
(3)
"Covered
individual
or
organization"
means
any
recipient
of
a
9
communication
specified
in
clauses
(i)
through
(vi)
of
10
U.S.C.
10
1034(b)(1)(B).
1
1
ARTICLE
133.
CONDUCT
UNBECOMING
AN
OFFICER
AND
A
GENTLEMAN
12
Any
commissioned
officer,
cadet,
or
candidate
,
or
midshipman
who
is
con
-
13
victed
of
conduct
unbecoming
an
officer
and
a
gentleman
shall
be
punished
as
14
a
court
-
martial
may
direct.
15
ARTICLE
134.
GENERAL
ARTICLE
16
Though
not
specifically
mentioned
in
this
code,
all
disorders
and
neglects
17
to
the
prejudice
of
good
order
and
discipline
in
the
state
military
forces
18
and
all
conduct
of
a
nature
to
bring
discredit
upon
the
state
military
forces
19
shall
be
taken
cognizance
of
by
a
court
-
martial
and
punished
at
the
discre
-
20
tion
of
a
military
court.
Offenses
which
may
be
punished
under
this
article
21
include,
but
are
not
limited
to,
those
offenses
set
out
in
the
manual
for
22
courts
-
martial
as
punishable
under
this
article
of
the
uniform
code
of
mil
-
23
itary
justice,
those
offenses
that
violate
the
criminal
laws
of
the
state
24
where
the
offense
occurred,
and
those
offenses
that
violate
the
criminal
25
laws
of
the
United
States.
However,
where
a
crime
constitutes
an
offense
26
that
violates
both
this
code
and
the
criminal
laws
of
the
state
where
the
of
-
27
fense
occurs
or
criminal
laws
of
the
United
States,
jurisdiction
of
the
mili
-
28
tary
court
must
be
determined
in
accordance
with
article
2(b)
of
this
code.
29
PART
XI.
MISCELLANEOUS
PROVISIONS
30
ARTICLE
135.
COURTS
OF
INQUIRY
31
(a)
Courts
of
inquiry
to
investigate
any
matter
of
concern
to
the
state
32
military
forces
may
be
convened
by
any
person
authorized
to
convene
a
gen
-
33
eral
court
-
martial,
whether
or
not
the
persons
involved
have
requested
such
34
an
inquiry.
35
(b)
A
court
of
inquiry
consists
of
three
(3)
or
more
commissioned
offi
-
36
cers.
For
each
court
of
inquiry,
the
convening
authority
shall
also
appoint
37
counsel
for
the
court.
38
(c)
Any
person
subject
to
this
code
whose
conduct
is
subject
to
inquiry
39
shall
be
designated
as
a
party.
Any
person
subject
to
this
code
who
has
a
di
-
40
rect
interest
in
the
subject
of
inquiry
has
the
right
to
be
designated
as
a
41
party
upon
request
to
the
court.
Any
person
designated
as
a
party
shall
be
42

65
given
due
notice
and
has
the
right
to
be
present,
to
be
represented
by
coun
-
1
sel,
to
cross
-
examine
witnesses,
and
to
introduce
evidence.
2
(d)
Members
of
a
court
of
inquiry
may
be
challenged
by
a
party,
but
only
3
for
cause
stated
to
the
court.
4
(e)
The
members,
counsel,
the
reporter,
and
interpreters
of
courts
of
5
inquiry
shall
take
an
oath
to
faithfully
perform
their
duties.
6
(f)
Witnesses
may
be
summoned
to
appear
and
testify
and
be
examined
be
-
7
fore
courts
of
inquiry,
as
provided
for
courts
-
martial.
8
(g)
Courts
of
inquiry
shall
make
findings
of
fact
but
may
not
express
9
opinions
or
make
recommendations
unless
required
to
do
so
by
the
convening
10
authority.
1
1
(h)
Each
court
of
inquiry
shall
keep
a
record
of
its
proceedings,
which
12
shall
be
authenticated
by
the
signatures
of
the
president
and
counsel
for
13
the
court
and
forwarded
to
the
convening
authority.
If
the
record
cannot
14
be
authenticated
by
the
president,
it
shall
be
signed
by
a
member
in
lieu
of
15
the
president.
If
the
record
cannot
be
authenticated
by
the
counsel
for
the
16
court,
it
shall
be
signed
by
a
member
in
lieu
of
the
counsel.
17
ARTICLE
136.
AUTHORITY
TO
ADMINISTER
OATHS
AND
TO
ACT
AS
NOTARY
18
(a)
The
following
persons
may
administer
oaths
for
the
purposes
of
mil
-
19
itary
administration,
including
military
justice:
20
(1)
All
judge
advocates.
21
(2)
All
summary
courts
-
martial.
22
(3)
All
adjutants,
assistant
adjutants,
acting
adjutants,
and
person
-
23
nel
adjutants.
24
(4)
All
commanding
officers
of
the
naval
militia.
25
(5)
(4)
All
other
persons
designated
by
regulations
of
the
armed
forces
26
of
the
United
States
or
by
statute.
27
(b)
The
following
persons
may
administer
oaths
necessary
in
the
perfor
-
28
mance
of
their
duties:
29
(1)
The
president,
military
judge,
and
trial
counsel
for
all
general
30
and
special
courts
-
martial.
31
(2)
The
president
and
the
counsel
for
the
court
of
any
court
of
inquiry.
32
(3)
All
officers
designated
to
take
a
deposition.
33
(4)
All
persons
detailed
to
conduct
an
investigation.
34
(5)
All
recruiting
officers.
35
(6)
All
other
persons
designated
by
regulations
of
the
armed
forces
of
36
the
United
States
or
by
statute.
37
(c)
The
signature
without
seal
of
any
such
person,
together
with
the
ti
-
38
tle
of
his
office,
is
prima
facie
evidence
of
the
person's
authority.
39
ARTICLE
137.
ARTICLES
TO
BE
EXPLAINED
40
(a)
The
articles
of
this
code
specified
in
subsection
(c)
of
this
arti
-
41
cle
shall
be
carefully
explained
to
each
enlisted
member
at
the
time
of,
or
42
within
thirty
(30)
days
after,
the
member's
initial
entrance
into
a
duty
sta
-
43
tus
with
the
state
military
forces.
44
(b)
Such
articles
shall
be
explained
again:
45
(1)
After
the
member
has
completed
basic
or
recruit
training;
and
46

66
(2)
At
the
time
when
the
member
reenlists.
1
(c)
This
subsection
applies
with
respect
to
articles
2,
3,
7
through
15,
2
25,
27,
31,
37,
38,
55,
77
through
134,
and
137
through
139
of
this
code.
3
(d)
The
text
of
the
code
and
of
the
regulations
prescribed
under
such
4
code
shall
be
made
available
to
a
member
of
the
state
military
forces,
upon
5
request
by
the
member,
for
the
member's
personal
examination.
6
ARTICLE
138.
COMPLAINTS
OF
WRONGS
7
Any
member
of
the
state
military
forces
who
believes
himself
wronged
by
a
8
commanding
officer,
and
who,
upon
due
application
to
that
commanding
offi
-
9
cer,
is
refused
redress
may
complain
to
any
superior
commissioned
officer,
10
who
shall
forward
the
complaint
to
the
officer
exercising
general
court
-
mar
-
1
1
tial
jurisdiction
over
the
officer
against
whom
it
is
made.
The
officer
12
exercising
general
court
-
martial
jurisdiction
shall
examine
into
the
com
-
13
plaint
and
take
proper
measures
for
redressing
the
wrong
complained
of,
and
14
shall,
as
soon
as
possible,
send
to
the
adjutant
general
a
true
statement
of
15
that
complaint,
with
the
proceedings
had
thereon.
16
ARTICLE
139.
REDRESS
OF
INJURIES
TO
PROPERTY
17
(a)
Whenever
complaint
is
made
to
any
commanding
officer
that
willful
18
damage
has
been
done
to
the
property
of
any
person
or
that
the
person's
prop
-
19
erty
has
been
wrongfully
taken
by
members
of
the
state
military
forces,
that
20
officer
may,
under
such
regulations
prescribed,
convene
a
board
to
investi
-
21
gate
the
complaint.
The
board
shall
consist
of
from
one
(1)
to
three
(3)
com
-
22
missioned
officers
and,
for
the
purpose
of
that
investigation,
it
has
power
23
to
summon
witnesses
and
examine
them
upon
oath,
to
receive
depositions
or
24
other
documentary
evidence,
and
to
assess
the
damages
sustained
against
the
25
responsible
parties.
The
assessment
of
damages
made
by
the
board
is
subject
26
to
the
approval
of
the
commanding
officer,
and
in
the
amount
approved
by
that
27
officer
shall
be
charged
against
the
pay
of
the
offenders.
The
order
of
the
28
commanding
officer
directing
charges
herein
authorized
is
conclusive
on
any
29
disbursing
officer
for
payment
to
the
injured
parties
of
the
damages
so
as
-
30
sessed
and
approved.
31
(b)
If
the
offenders
cannot
be
ascertained,
but
the
organization
or
32
detachment
to
which
they
belong
is
known,
charges
totaling
the
amount
of
33
damages
assessed
and
approved
may
be
made
in
such
proportion
as
may
be
con
-
34
sidered
just
upon
the
individual
members
thereof
who
are
shown
to
have
been
35
present
at
the
scene
at
the
time
the
damages
complained
of
were
inflicted,
as
36
determined
by
the
approved
findings
of
the
board.
37
ARTICLE
140.
DELEGATION
BY
THE
GOVERNOR
38
The
governor
may
delegate
any
authority
vested
in
the
governor
under
this
39
code
and
provide
for
the
sub
-
delegation
of
any
such
authority,
except
the
40
power
given
the
governor
by
article
22
of
this
code.
41
ARTICLE
141.
PAYMENT
OF
FEES,
COSTS
AND
EXPENSES
42

67
The
fees
and
authorized
travel
expenses
of
all
witnesses,
experts,
victims,
1
court
reporters,
and
interpreters,
fees
for
the
service
of
process,
the
2
costs
of
collection,
apprehension,
detention
and
confinement,
and
all
other
3
necessary
expenses
of
prosecution
and
the
administration
of
military
jus
-
4
tice,
to
include
courts
-
martial
and
nonjudicial
punishment,
not
otherwise
5
payable
by
any
other
source,
shall
be
paid
out
of
the
military
division
sup
-
6
port
fund
as
established
in
section
46
-
806,
Idaho
Code.
7
ARTICLE
142.
PAYMENT
OF
FINES
AND
DISPOSITION
THEREOF
8
(a)
Fines
imposed
by
a
military
court
or
through
imposition
of
nonjudi
-
9
cial
punishment
may
be
paid
to
the
state
and
delivered
to
the
court
or
impos
-
10
ing
officer
or
to
a
person
executing
their
process.
Fines
may
be
collected
in
1
1
the
following
manner:
12
(1)
By
cash
or
money
order;
13
(2)
By
retention
of
any
pay
or
allowances
due
or
to
become
due
the
person
14
fined
from
any
state
or
the
United
States;
15
(3)
By
garnishment
or
levy,
together
with
costs,
on
the
wages,
goods,
16
and
chattels
of
a
person
delinquent
in
paying
a
fine,
as
provided
by
law.
17
(b)
Any
sum
so
received
or
retained
shall
be
deposited
in
the
military
18
division
support
fund
as
established
in
section
46
-
806,
Idaho
Code,
or
to
19
whomever
the
court
so
directs.
20
ARTICLE
143.
UNIFORMITY
OF
INTERPRETATION
21
This
code
shall
be
so
construed
as
to
effectuate
its
general
purpose
to
make
22
it
uniform,
so
far
as
practical,
with
the
uniform
code
of
military
justice,
23
10
U.S.C.
chapter
47.
24
ARTICLE
144.
IMMUNITY
FOR
ACTION
OF
MILITARY
COURTS
25
All
persons
acting
under
the
provisions
of
this
code,
whether
as
a
member
of
26
the
military
or
as
a
civilian,
shall
be
immune
from
any
personal
liability
27
for
any
of
the
acts
or
omissions
which
they
did
or
failed
to
do
as
part
of
28
their
duties
under
this
code.
29
ARTICLE
145.
SEVERABILITY
30
The
provisions
of
this
code
are
hereby
declared
to
be
severable
and
if
any
31
provision
of
this
code
or
the
application
of
such
provision
to
any
person
or
32
circumstance
is
declared
invalid
for
any
reason,
such
declaration
shall
not
33
affect
the
validity
of
the
remaining
portions
of
this
code.
34
ARTICLE
146.
SHORT
TITLE
35
This
act
may
be
cited
as
the
"Idaho
Code
of
Military
Justice"
(ICMJ).
36
ARTICLE
147.
TIME
OF
TAKING
EFFECT
37
This
act
takes
effect
July
1,
2019.
38

68
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3