124A-111

Persons to be tried or punished; offenses subject to jurisdiction; conflicts over jurisdiction with civil authority or courts

PART X. PUNITIVE ARTICLES

[§124A-111] Persons to be tried or punished; offenses subject to jurisdiction; conflicts over jurisdiction with civil authority or courts. (a) No person may be tried or punished for any offense provided for in sections 124A-112 to 124A-155 unless it was committed while the person was in a duty status.

(b) The jurisdiction of courts-martial and the imposition of disciplinary punishment by a commanding officer for minor offenses without the intervention of a court-martial shall be limited to violations of the punitive articles (sections 124A-112 to 124A-155), including violations of any rules adopted by the governor, under section 124A-155, specifying or defining “disorders and neglects to the prejudice of good order and discipline in the state military forces”. Jurisdiction over crimes or offenses not enumerated in or covered by the punitive articles of this chapter is reserved to civil authority and the civil courts. Conflicts or doubts over jurisdiction shall be resolved in favor of civil jurisdiction.

The delivery to civil authority of any person subject to this chapter who is on active state duty or on duty status other than active state duty and accused of an offense against civil authority shall be governed by section 124A-18. [L 1982, c 171, pt of §2; gen ch 1985]