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]