(a) The military courts of this state are generalcourts-martial, special courts-martial and summary courts-martial, and areconstituted and have cognizance of the same subjects and possess like powers assimilar courts provided by the laws and regulations governing the armed forcesof the United States, as limited by federal law and regulations applying to thenational guard not in federal service. The court shall, as far as practicable,follow the forms and modes of procedure prescribed for the similar courtsexcept that the word "governor" shall be substituted for the word"president" whenever appearing in those laws and regulations. Theprosecution in a general, special or summary courts-martial of the militia ofthis state shall be in the name of the state. The governor, upon advice of theadjutant general, shall promulgate or publish regulations covering militarycourts not inconsistent with the constitution and laws of this state.
(b) To the extent its provisions are not inconsistent with thischapter, the provisions of the Uniform Code of Military Justice, the MilitaryRules of Evidence, the Rules for Courts-Martial and the United States Manualfor Courts-Martial are adopted by the state of Wyoming and shall apply to anymember when in state active duty status or active state service status in thesame manner as the Uniform Code of Military Justice applies when the member isin active federal service.
(c) The maximum punishment that may be imposed by anycourts-martial shall not exceed that authorized in title 32 of the UnitedStates Code although a greater punishment may be authorized by the AppendixTwelve of the United States Manual for Courts-Martial.
(d) This article applies territorially and extraterritoriallyto all persons in the military forces of the state when not subject to theUniform Code of Military Justice and while in a duty status or during a periodof time when the member was under lawful order to be in a duty status. The processingcharges and all proceedings, including trial, may be conducted without regardto the duty status of the accused.
19-12-102. Apprehension.
(a) Apprehension means the taking of a member into custody.
(b) Any person authorized by this code, Chapter 47 of title 10,United States Code, or by regulations issued under either code to apprehendpersons subject to this code, any marshal of a courts-martial appointedpursuant to the provisions of this code and any civil officer or peace officerof this state having authority to apprehend offenders under the laws of theUnited States or this state, may do so upon reasonable belief that an offensehas been committed and that the person apprehended committed the offense.
19-12-103. Warrant of arrest; issuance; contents; service.
(a) A warrant of arrest for the purposes of securing thepresence of accused at any courts-martial proceeding or in execution of asentence of confinement may be issued by a special or general courts-martialconvening authority.
(b) The warrant issued under this article shall:
(i) Be in writing and in the name of the state of Wyoming;
(ii) State the date and county of issuance, including the courtin which documents are to be filed;
(iii) State the name and rank of the person to be arrested;
(iv) State the offense charged against the person to bearrested;
(v) Command that the person against whom the complaint was madebe arrested, conducted to a designated civil or military facility under thecontrol of the state or federal government, placed into custody as directed andbooked; and
(vi) Be signed by an authorized officer of the militarydepartment.
(c) The warrant shall specify the amount of bail and the natureof any bond.
(d) The warrant shall be directed to all peace officers in thestate and provost marshal of the armed forces of the state or the federalgovernment. Such officers shall have the power and authority to conduct thearrested person to the designated facility without regard to territorialjurisdiction.
19-12-104. Convening general, special or summary courts-martial.
(a) General courts-martial may be convened by:
(i) The governor;
(ii) The adjutant general.
(b) Special courts-martial may be convened by:
(i) The adjutant general;
(ii) The commanding officer of a camp or encampment;
(iii) The commanding officer of any army group, air wing,detached army battalion, detached air group or corresponding unit of thenational guard.
(c) Summary courts-martial may be convened by:
(i) Any person who may convene a general or specialcourts-martial;
(ii) The commanding officer of a company, battery, squadron orother detachment of the national guard.
19-12-105. Prosecutions; appeal.
(a) All prosecutions under W.S. 19-12-101 shall be by courts-martialor appropriate civilian court proceeding, with the judge advocate generalhaving sole power to determine by which method to proceed.
(b) Upon the filing of a complaint in a district court orcircuit court of a county wherein the offense is alleged to have occurred, thejudge thereof or a magistrate therein may issue warrants.
(c) In all matters wherein the Uniform Code of Military Justicerequires the action of a military judge, a qualified military judge or in theabsence of a qualified military judge the county or district court judge shallso serve and be empowered to so act.
(d) Unless the state is represented by a staff judge advocate,the district or county attorney shall represent the state and prosecute allcases commenced in the courts.
(e) No sentence of dismissal from the service or dishonorabledischarge imposed by a national guard courts-martial shall be executed untilapproved by the governor. The governor may suspend or set aside part or all ofany sentence he deems appropriate.
(f) When prosecution has been by general courts-martial, afterfinal judgment, sentencing and approval by the governor, the defendant mayappeal to the supreme court of Wyoming in the same manner as appeals fromcircuit courts to district courts to the supreme court of Wyoming in criminalcases.
(g) When prosecution has been by summary or specialcourts-martial, after final judgment, sentencing and approval by the conveningauthority, the defendant may appeal to the district court of the county inwhich the courts-martial was held in the same manner as appeals from circuitcourts to the district courts in criminal cases.
(h) When prosecution has been in the circuit courts, afterfinal judgment and sentencing, the defendant may appeal to the district courtin the same manner as in other criminal cases.
(j) In the event the pool of eligible court members isinsufficient to properly impanel the courts-martial, active and reserve membersof the United States armed forces may be requested to so serve.
19-12-106. Disobedience of order to appear before courts-martial;issuance of subpoena; warrant of attachment; service of warrants; neglecting orrefusing to obey subpoena or order; confinement of prisoners.
(a) When a person served with a copy of courts-martial chargesdisobeys a written order from the convening authority to appear before thecourts-martial at a time and place specified, the commander in chief, adjutantgeneral, president of the courts-martial or summary court officer may issue a warrantfor the arrest of the person to bring him before the court for trial. Theconvening authority may confine him in the county jail where the court isconvened if confinement is deemed advisable to insure the presence of thealleged offender for trial, or may release the accused on the furnishing ofbail in an amount deemed sufficient to insure his presence for trial.
(b) The commander in chief, adjutant general, president of thecourts-martial or summary court officer may issue subpoenas, subpoena ducestecum and other orders compelling the attendance of witnesses and theproduction of evidentiary matters.
(c) When a person has been subpoenaed to appear as a witnessbefore any courts-martial and has been paid or tendered the fees and mileagerequired by law, or a member has been ordered to appear as a witness, andeither fails or refuses without justifiable excuse to appear, the commander inchief, adjutant general, president of the courts-martial or the summary courtofficer may issue a warrant of attachment to apprehend and bring the witnessbefore the court to testify as required by the subpoena or order.
(d) Service of warrants, subpoenas and other process issued bythe commander in chief, adjutant general, president of any courts-martial orsummary court officer on any person shall be made by the sheriff, undersheriffor deputy sheriff of the county wherein the court is convened or of the countywherein the person to be served may be found, or it may be served in any countyby any officer of the national guard when ordered to do so by the commander inchief, adjutant general, president of the courts-martial or summary courtofficer. The individual making service shall endorse the facts of service onthe original process and return it to the officer who issued the process.
(e) Any person who willfully and without justifiable excuseneglects or refuses to obey a subpoena or order is guilty of a misdemeanor andmay be prosecuted in any court of this state as for other misdemeanors. Uponconviction the offender shall be fined not more than seven hundred fiftydollars ($750.00), imprisoned in the county jail not to exceed six (6) months,or both.
(f) The sheriff shall keep in confinement any prisoner turnedover to him for safekeeping upon written orders of the governor, adjutantgeneral, president of a courts-martial or summary court officer.
19-12-107. Members of courts-martial deemed on duty; pay andallowances; witnesses subject to subpoena; witness fees and allowances.
(a) Members of a courts-martial and members of the nationalguard ordered to appear before a courts-martial or other court, and members ofthe national guard tried by courts-martial or other courts and acquitted, shallbe deemed on duty by order of the governor and shall receive the same pay andallowances as provided for members of the national guard when in service byorder of the governor.
(b) Witnesses other than members of the national guard aresubject to subpoena by a courts-martial and shall receive the same fees and allowancesas provided for witnesses before the district courts of this state.
19-12-108. Confinement in county jail; fines.
(a) Where punishment by a courts-martial is imprisonment forone (1) year or less, confinement shall be in the county jail of the countywherein the court is convened. The sheriff shall accept the prisoner uponreceipt of written order promulgating the sentence of the court.
(b) Where punishment by a courts-martial is imprisonment formore than one (1) year, the prisoner shall be remanded to the custody of thedepartment of corrections in the same manner as civilians convicted of criminaloffenses classified as a felony.
(c) Fines imposed by a courts-martial, at the option of thepresident of the courts-martial or the summary court officer, may be collectedin the following manner:
(i) By forfeiture of pay or allowances, or both, due or tobecome due from the state or the United States;
(ii) By immediate payment of the fine in full, in cash, to thepresident of the courts-martial or summary court officer who shall forthwithremit the same to the adjutant general to be paid into the state treasury; or
(iii) Upon failure of the convicted person to forthwith pay thefine in cash when so ordered, by the commitment of the person to the countyjail of the county wherein the court is held until the fine is paid or untilone (1) day is served for each dollar of the fine imposed.
19-12-109. Immunity of national guard member; commission of felony orlesser crime by such member.
(a) Members of the Wyoming national guard, while in activestate service, are immune from service of civil subpoena to compel attendanceas a witness unless the commanding officer of the member permits the service ofthe subpoena when in the judgment of such commanding officer the presence ofthe member is not required in the performance of military duties.
(b) When any felony against the laws of Wyoming is alleged tohave been committed by any member of the national guard while in active stateservice, upon presentation of proper warrant he shall be arrested by themilitary authorities and immediately surrendered to the proper civilauthorities of the county wherein the warrant was issued.
(c) When any crime not a felony against the laws of Wyoming orany municipal subdivision thereof is alleged to have been committed by a memberof the national guard while in active state service, upon presentation of theproper warrant he shall be arrested by the military authorities and at theconvenience of the military authorities but before termination of his activestate service be surrendered to the proper civil authorities of the county ormunicipality wherein the warrant was issued.
(d) Nothing herein grants immunity from service of warrantsissued upon a charge or complaint alleging the violation of one (1) or more ofthe offenses set forth in W.S. 19-12-110 nor shall any such immunity preventprosecution of a member of the national guard by the proper authorities at anytime after termination of the period of active state service for which theimmunity was effective.
(e) No member of the national guard shall be held to answer fora criminal offense in both civilian courts and the military courts of thisstate. The decision as to under which justice system a member is held to answeris left to the discretion of the district attorney for the county in which theoffense is alleged to have occurred and the judge advocate general. An impassein this decision shall be referred to the district court judge for resolution.The decision of the district court judge is final.
19-12-110. Trial and punishment for certain offenses by members ofnational guard in state courts.
(a) Members of the Wyoming national guard charged with thefollowing offenses may be tried and punished as herein provided:
(i) Any officer of the Wyoming national guard who usescontemptuous words against the president, vice-president, congress, secretaryof defense, a secretary of a department, a governor or a legislature of anystate, territory or other possession of the United States in which he is onduty or present;
(ii) Any member of the Wyoming national guard who behaves withdisrespect toward his superior officer;
(iii) Any person who:
(A) Strikes his superior officer or draws or lifts up anyweapon or offers any violence against him while he is in the execution of hisoffice; or
(B) Willfully disobeys a lawful command of his superiorofficer.
(iv) Any warrant officer or enlisted person who:
(A) Strikes or assaults a warrant officer or noncommissionedofficer, while the officer is in the execution of his office;
(B) Willfully disobeys the lawful order of a warrant officer ornoncommissioned officer;
(C) Treats with contempt or is disrespectful in language ordeportment toward a warrant officer or noncommissioned officer while theofficer is in the execution of his office.
(v) Any person who:
(A) Violates or fails to obey any lawful general order orregulation;
(B) Having knowledge of any other lawful order issued by a memberof the national guard, which it is his duty to obey, fails to obey the same; or
(C) Is derelict in the performance of his duties.
(vi) Any person who resists apprehension or breaks arrest or whoescapes from custody or confinement;
(vii) Any person who, without proper authority, releases anyprisoner duly committed to his charge, or who through neglect or design suffersany prisoner to escape;
(viii) Any person, who with intent to deceive, signs any falserecord, return, regulation, order or other official document, knowing the sameto be false, or makes any other false official statement knowing the same to befalse;
(ix) Any person who, without proper authority:
(A) Sells or otherwise disposes of;
(B) Willfully or through neglect damages, destroys, or loses;or
(C) Willfully or through neglect suffers to be lost, damaged,destroyed, sold or wrongfully disposed of, any military property of the UnitedStates or the state of Wyoming.
(x) Any person who operates any vehicle while under theinfluence of alcohol or a controlled substance, or in a reckless or wantonmanner;
(xi) Any person other than a sentinel or lookout, who is foundunder the influence of alcohol or a controlled substance on duty;
(xii) Any sentinel or lookout who is found drunk or sleeping uponhis post, or leaves it before he is regularly relieved;
(xiii) Any member of the Wyoming national guard who without properauthority:
(A) Fails to go to his appointed place of duty at the timeprescribed;
(B) Goes from that place; or
(C) Absents himself or remains absent from his unit,organization or other place of duty at which he is required to be at the timeprescribed.
(xiv) Any person who for the purpose of avoiding work, duty orservice:
(A) Feigns illness, physical disablement, mental lapse orderangement; or
(B) Intentionally inflicts self-injury.
(xv) Any officer or officer candidate who is convicted ofconduct unbecoming an officer and a gentleman;
(xvi) Though not specifically mentioned, all disorders andneglects to the prejudice of good order and discipline in the national guard,all conduct of a nature to bring discredit upon the national guard, and crimesand offenses not capital, of which persons subject to this act may be guilty,shall be taken cognizance of by a general or special or summary courts-martial,according to the nature and degree of the offense.
(b) Any member of the national guard tried and found guilty bya courts-martial of any offense identified in subsection (a) of this sectionshall be punished by a fine of not more than seven hundred fifty dollars($750.00), imprisonment in the county jail for not to exceed six (6) months, orboth. Upon a second or subsequent conviction the person convicted shall befined not less than two hundred fifty dollars ($250.00) nor more than onethousand dollars ($1,000.00) to which may be added imprisonment in the countyjail for not to exceed six (6) months. The fine and sentence on a second orsubsequent conviction shall not be suspended.
(c) Any member of the national guard tried and found guilty bya civil court of any of the offenses identified in subsection (a) of thissection shall be deemed guilty of a misdemeanor and shall be punished by a fineof not more than seven hundred fifty dollars ($750.00), imprisonment in thecounty jail not to exceed six (6) months, or both. Upon a second or subsequentconviction the person convicted shall be fined not less than two hundred fiftydollars ($250.00) nor more than one thousand dollars ($1,000.00) to which maybe added imprisonment in the county jail for not to exceed six (6) months. Thefine and sentence on a second or subsequent conviction shall not be suspended.
(d) Any commanding officer of the Wyoming national guard mayimpose administrative, nonjudicial punishment as described and set forth inarticle 15 of the Uniform Code of Military Justice and in accordance with theprocedure therein set forth unless the accused demands trial by courts-martial.
(e) Any member of the Wyoming national guard who is convictedof a high misdemeanor or felony crime in any state or federal court may beseparated from service in the Wyoming national guard by administrativeprocedures subject to all rules and regulations of the department of defenseapplicable to the Wyoming national guard. A certified copy of the convictionshall be sufficient authority for the separation.
(f) Any person who resists or aids in resisting the executionof lawful process in any area declared to be in a state of actual or threatenedinsurrection, or who aids or attempts the rescue or escape of another fromlawful custody or confinement, or who resists or aids in resisting any forceordered out by the governor to execute the laws, to suppress actual or preventthreatened insurrection or to repel invasion is guilty of a felony punishableby imprisonment in the state penitentiary for not less than one (1) year normore than ten (10) years.
(a) The military courts of this state are generalcourts-martial, special courts-martial and summary courts-martial, and areconstituted and have cognizance of the same subjects and possess like powers assimilar courts provided by the laws and regulations governing the armed forcesof the United States, as limited by federal law and regulations applying to thenational guard not in federal service. The court shall, as far as practicable,follow the forms and modes of procedure prescribed for the similar courtsexcept that the word "governor" shall be substituted for the word"president" whenever appearing in those laws and regulations. Theprosecution in a general, special or summary courts-martial of the militia ofthis state shall be in the name of the state. The governor, upon advice of theadjutant general, shall promulgate or publish regulations covering militarycourts not inconsistent with the constitution and laws of this state.
(b) To the extent its provisions are not inconsistent with thischapter, the provisions of the Uniform Code of Military Justice, the MilitaryRules of Evidence, the Rules for Courts-Martial and the United States Manualfor Courts-Martial are adopted by the state of Wyoming and shall apply to anymember when in state active duty status or active state service status in thesame manner as the Uniform Code of Military Justice applies when the member isin active federal service.
(c) The maximum punishment that may be imposed by anycourts-martial shall not exceed that authorized in title 32 of the UnitedStates Code although a greater punishment may be authorized by the AppendixTwelve of the United States Manual for Courts-Martial.
(d) This article applies territorially and extraterritoriallyto all persons in the military forces of the state when not subject to theUniform Code of Military Justice and while in a duty status or during a periodof time when the member was under lawful order to be in a duty status. The processingcharges and all proceedings, including trial, may be conducted without regardto the duty status of the accused.
19-12-102. Apprehension.
(a) Apprehension means the taking of a member into custody.
(b) Any person authorized by this code, Chapter 47 of title 10,United States Code, or by regulations issued under either code to apprehendpersons subject to this code, any marshal of a courts-martial appointedpursuant to the provisions of this code and any civil officer or peace officerof this state having authority to apprehend offenders under the laws of theUnited States or this state, may do so upon reasonable belief that an offensehas been committed and that the person apprehended committed the offense.
19-12-103. Warrant of arrest; issuance; contents; service.
(a) A warrant of arrest for the purposes of securing thepresence of accused at any courts-martial proceeding or in execution of asentence of confinement may be issued by a special or general courts-martialconvening authority.
(b) The warrant issued under this article shall:
(i) Be in writing and in the name of the state of Wyoming;
(ii) State the date and county of issuance, including the courtin which documents are to be filed;
(iii) State the name and rank of the person to be arrested;
(iv) State the offense charged against the person to bearrested;
(v) Command that the person against whom the complaint was madebe arrested, conducted to a designated civil or military facility under thecontrol of the state or federal government, placed into custody as directed andbooked; and
(vi) Be signed by an authorized officer of the militarydepartment.
(c) The warrant shall specify the amount of bail and the natureof any bond.
(d) The warrant shall be directed to all peace officers in thestate and provost marshal of the armed forces of the state or the federalgovernment. Such officers shall have the power and authority to conduct thearrested person to the designated facility without regard to territorialjurisdiction.
19-12-104. Convening general, special or summary courts-martial.
(a) General courts-martial may be convened by:
(i) The governor;
(ii) The adjutant general.
(b) Special courts-martial may be convened by:
(i) The adjutant general;
(ii) The commanding officer of a camp or encampment;
(iii) The commanding officer of any army group, air wing,detached army battalion, detached air group or corresponding unit of thenational guard.
(c) Summary courts-martial may be convened by:
(i) Any person who may convene a general or specialcourts-martial;
(ii) The commanding officer of a company, battery, squadron orother detachment of the national guard.
19-12-105. Prosecutions; appeal.
(a) All prosecutions under W.S. 19-12-101 shall be by courts-martialor appropriate civilian court proceeding, with the judge advocate generalhaving sole power to determine by which method to proceed.
(b) Upon the filing of a complaint in a district court orcircuit court of a county wherein the offense is alleged to have occurred, thejudge thereof or a magistrate therein may issue warrants.
(c) In all matters wherein the Uniform Code of Military Justicerequires the action of a military judge, a qualified military judge or in theabsence of a qualified military judge the county or district court judge shallso serve and be empowered to so act.
(d) Unless the state is represented by a staff judge advocate,the district or county attorney shall represent the state and prosecute allcases commenced in the courts.
(e) No sentence of dismissal from the service or dishonorabledischarge imposed by a national guard courts-martial shall be executed untilapproved by the governor. The governor may suspend or set aside part or all ofany sentence he deems appropriate.
(f) When prosecution has been by general courts-martial, afterfinal judgment, sentencing and approval by the governor, the defendant mayappeal to the supreme court of Wyoming in the same manner as appeals fromcircuit courts to district courts to the supreme court of Wyoming in criminalcases.
(g) When prosecution has been by summary or specialcourts-martial, after final judgment, sentencing and approval by the conveningauthority, the defendant may appeal to the district court of the county inwhich the courts-martial was held in the same manner as appeals from circuitcourts to the district courts in criminal cases.
(h) When prosecution has been in the circuit courts, afterfinal judgment and sentencing, the defendant may appeal to the district courtin the same manner as in other criminal cases.
(j) In the event the pool of eligible court members isinsufficient to properly impanel the courts-martial, active and reserve membersof the United States armed forces may be requested to so serve.
19-12-106. Disobedience of order to appear before courts-martial;issuance of subpoena; warrant of attachment; service of warrants; neglecting orrefusing to obey subpoena or order; confinement of prisoners.
(a) When a person served with a copy of courts-martial chargesdisobeys a written order from the convening authority to appear before thecourts-martial at a time and place specified, the commander in chief, adjutantgeneral, president of the courts-martial or summary court officer may issue a warrantfor the arrest of the person to bring him before the court for trial. Theconvening authority may confine him in the county jail where the court isconvened if confinement is deemed advisable to insure the presence of thealleged offender for trial, or may release the accused on the furnishing ofbail in an amount deemed sufficient to insure his presence for trial.
(b) The commander in chief, adjutant general, president of thecourts-martial or summary court officer may issue subpoenas, subpoena ducestecum and other orders compelling the attendance of witnesses and theproduction of evidentiary matters.
(c) When a person has been subpoenaed to appear as a witnessbefore any courts-martial and has been paid or tendered the fees and mileagerequired by law, or a member has been ordered to appear as a witness, andeither fails or refuses without justifiable excuse to appear, the commander inchief, adjutant general, president of the courts-martial or the summary courtofficer may issue a warrant of attachment to apprehend and bring the witnessbefore the court to testify as required by the subpoena or order.
(d) Service of warrants, subpoenas and other process issued bythe commander in chief, adjutant general, president of any courts-martial orsummary court officer on any person shall be made by the sheriff, undersheriffor deputy sheriff of the county wherein the court is convened or of the countywherein the person to be served may be found, or it may be served in any countyby any officer of the national guard when ordered to do so by the commander inchief, adjutant general, president of the courts-martial or summary courtofficer. The individual making service shall endorse the facts of service onthe original process and return it to the officer who issued the process.
(e) Any person who willfully and without justifiable excuseneglects or refuses to obey a subpoena or order is guilty of a misdemeanor andmay be prosecuted in any court of this state as for other misdemeanors. Uponconviction the offender shall be fined not more than seven hundred fiftydollars ($750.00), imprisoned in the county jail not to exceed six (6) months,or both.
(f) The sheriff shall keep in confinement any prisoner turnedover to him for safekeeping upon written orders of the governor, adjutantgeneral, president of a courts-martial or summary court officer.
19-12-107. Members of courts-martial deemed on duty; pay andallowances; witnesses subject to subpoena; witness fees and allowances.
(a) Members of a courts-martial and members of the nationalguard ordered to appear before a courts-martial or other court, and members ofthe national guard tried by courts-martial or other courts and acquitted, shallbe deemed on duty by order of the governor and shall receive the same pay andallowances as provided for members of the national guard when in service byorder of the governor.
(b) Witnesses other than members of the national guard aresubject to subpoena by a courts-martial and shall receive the same fees and allowancesas provided for witnesses before the district courts of this state.
19-12-108. Confinement in county jail; fines.
(a) Where punishment by a courts-martial is imprisonment forone (1) year or less, confinement shall be in the county jail of the countywherein the court is convened. The sheriff shall accept the prisoner uponreceipt of written order promulgating the sentence of the court.
(b) Where punishment by a courts-martial is imprisonment formore than one (1) year, the prisoner shall be remanded to the custody of thedepartment of corrections in the same manner as civilians convicted of criminaloffenses classified as a felony.
(c) Fines imposed by a courts-martial, at the option of thepresident of the courts-martial or the summary court officer, may be collectedin the following manner:
(i) By forfeiture of pay or allowances, or both, due or tobecome due from the state or the United States;
(ii) By immediate payment of the fine in full, in cash, to thepresident of the courts-martial or summary court officer who shall forthwithremit the same to the adjutant general to be paid into the state treasury; or
(iii) Upon failure of the convicted person to forthwith pay thefine in cash when so ordered, by the commitment of the person to the countyjail of the county wherein the court is held until the fine is paid or untilone (1) day is served for each dollar of the fine imposed.
19-12-109. Immunity of national guard member; commission of felony orlesser crime by such member.
(a) Members of the Wyoming national guard, while in activestate service, are immune from service of civil subpoena to compel attendanceas a witness unless the commanding officer of the member permits the service ofthe subpoena when in the judgment of such commanding officer the presence ofthe member is not required in the performance of military duties.
(b) When any felony against the laws of Wyoming is alleged tohave been committed by any member of the national guard while in active stateservice, upon presentation of proper warrant he shall be arrested by themilitary authorities and immediately surrendered to the proper civilauthorities of the county wherein the warrant was issued.
(c) When any crime not a felony against the laws of Wyoming orany municipal subdivision thereof is alleged to have been committed by a memberof the national guard while in active state service, upon presentation of theproper warrant he shall be arrested by the military authorities and at theconvenience of the military authorities but before termination of his activestate service be surrendered to the proper civil authorities of the county ormunicipality wherein the warrant was issued.
(d) Nothing herein grants immunity from service of warrantsissued upon a charge or complaint alleging the violation of one (1) or more ofthe offenses set forth in W.S. 19-12-110 nor shall any such immunity preventprosecution of a member of the national guard by the proper authorities at anytime after termination of the period of active state service for which theimmunity was effective.
(e) No member of the national guard shall be held to answer fora criminal offense in both civilian courts and the military courts of thisstate. The decision as to under which justice system a member is held to answeris left to the discretion of the district attorney for the county in which theoffense is alleged to have occurred and the judge advocate general. An impassein this decision shall be referred to the district court judge for resolution.The decision of the district court judge is final.
19-12-110. Trial and punishment for certain offenses by members ofnational guard in state courts.
(a) Members of the Wyoming national guard charged with thefollowing offenses may be tried and punished as herein provided:
(i) Any officer of the Wyoming national guard who usescontemptuous words against the president, vice-president, congress, secretaryof defense, a secretary of a department, a governor or a legislature of anystate, territory or other possession of the United States in which he is onduty or present;
(ii) Any member of the Wyoming national guard who behaves withdisrespect toward his superior officer;
(iii) Any person who:
(A) Strikes his superior officer or draws or lifts up anyweapon or offers any violence against him while he is in the execution of hisoffice; or
(B) Willfully disobeys a lawful command of his superiorofficer.
(iv) Any warrant officer or enlisted person who:
(A) Strikes or assaults a warrant officer or noncommissionedofficer, while the officer is in the execution of his office;
(B) Willfully disobeys the lawful order of a warrant officer ornoncommissioned officer;
(C) Treats with contempt or is disrespectful in language ordeportment toward a warrant officer or noncommissioned officer while theofficer is in the execution of his office.
(v) Any person who:
(A) Violates or fails to obey any lawful general order orregulation;
(B) Having knowledge of any other lawful order issued by a memberof the national guard, which it is his duty to obey, fails to obey the same; or
(C) Is derelict in the performance of his duties.
(vi) Any person who resists apprehension or breaks arrest or whoescapes from custody or confinement;
(vii) Any person who, without proper authority, releases anyprisoner duly committed to his charge, or who through neglect or design suffersany prisoner to escape;
(viii) Any person, who with intent to deceive, signs any falserecord, return, regulation, order or other official document, knowing the sameto be false, or makes any other false official statement knowing the same to befalse;
(ix) Any person who, without proper authority:
(A) Sells or otherwise disposes of;
(B) Willfully or through neglect damages, destroys, or loses;or
(C) Willfully or through neglect suffers to be lost, damaged,destroyed, sold or wrongfully disposed of, any military property of the UnitedStates or the state of Wyoming.
(x) Any person who operates any vehicle while under theinfluence of alcohol or a controlled substance, or in a reckless or wantonmanner;
(xi) Any person other than a sentinel or lookout, who is foundunder the influence of alcohol or a controlled substance on duty;
(xii) Any sentinel or lookout who is found drunk or sleeping uponhis post, or leaves it before he is regularly relieved;
(xiii) Any member of the Wyoming national guard who without properauthority:
(A) Fails to go to his appointed place of duty at the timeprescribed;
(B) Goes from that place; or
(C) Absents himself or remains absent from his unit,organization or other place of duty at which he is required to be at the timeprescribed.
(xiv) Any person who for the purpose of avoiding work, duty orservice:
(A) Feigns illness, physical disablement, mental lapse orderangement; or
(B) Intentionally inflicts self-injury.
(xv) Any officer or officer candidate who is convicted ofconduct unbecoming an officer and a gentleman;
(xvi) Though not specifically mentioned, all disorders andneglects to the prejudice of good order and discipline in the national guard,all conduct of a nature to bring discredit upon the national guard, and crimesand offenses not capital, of which persons subject to this act may be guilty,shall be taken cognizance of by a general or special or summary courts-martial,according to the nature and degree of the offense.
(b) Any member of the national guard tried and found guilty bya courts-martial of any offense identified in subsection (a) of this sectionshall be punished by a fine of not more than seven hundred fifty dollars($750.00), imprisonment in the county jail for not to exceed six (6) months, orboth. Upon a second or subsequent conviction the person convicted shall befined not less than two hundred fifty dollars ($250.00) nor more than onethousand dollars ($1,000.00) to which may be added imprisonment in the countyjail for not to exceed six (6) months. The fine and sentence on a second orsubsequent conviction shall not be suspended.
(c) Any member of the national guard tried and found guilty bya civil court of any of the offenses identified in subsection (a) of thissection shall be deemed guilty of a misdemeanor and shall be punished by a fineof not more than seven hundred fifty dollars ($750.00), imprisonment in thecounty jail not to exceed six (6) months, or both. Upon a second or subsequentconviction the person convicted shall be fined not less than two hundred fiftydollars ($250.00) nor more than one thousand dollars ($1,000.00) to which maybe added imprisonment in the county jail for not to exceed six (6) months. Thefine and sentence on a second or subsequent conviction shall not be suspended.
(d) Any commanding officer of the Wyoming national guard mayimpose administrative, nonjudicial punishment as described and set forth inarticle 15 of the Uniform Code of Military Justice and in accordance with theprocedure therein set forth unless the accused demands trial by courts-martial.
(e) Any member of the Wyoming national guard who is convictedof a high misdemeanor or felony crime in any state or federal court may beseparated from service in the Wyoming national guard by administrativeprocedures subject to all rules and regulations of the department of defenseapplicable to the Wyoming national guard. A certified copy of the convictionshall be sufficient authority for the separation.
(f) Any person who resists or aids in resisting the executionof lawful process in any area declared to be in a state of actual or threatenedinsurrection, or who aids or attempts the rescue or escape of another fromlawful custody or confinement, or who resists or aids in resisting any forceordered out by the governor to execute the laws, to suppress actual or preventthreatened insurrection or to repel invasion is guilty of a felony punishableby imprisonment in the state penitentiary for not less than one (1) year normore than ten (10) years.
(a) The military courts of this state are generalcourts-martial, special courts-martial and summary courts-martial, and areconstituted and have cognizance of the same subjects and possess like powers assimilar courts provided by the laws and regulations governing the armed forcesof the United States, as limited by federal law and regulations applying to thenational guard not in federal service. The court shall, as far as practicable,follow the forms and modes of procedure prescribed for the similar courtsexcept that the word "governor" shall be substituted for the word"president" whenever appearing in those laws and regulations. Theprosecution in a general, special or summary courts-martial of the militia ofthis state shall be in the name of the state. The governor, upon advice of theadjutant general, shall promulgate or publish regulations covering militarycourts not inconsistent with the constitution and laws of this state.
(b) To the extent its provisions are not inconsistent with thischapter, the provisions of the Uniform Code of Military Justice, the MilitaryRules of Evidence, the Rules for Courts-Martial and the United States Manualfor Courts-Martial are adopted by the state of Wyoming and shall apply to anymember when in state active duty status or active state service status in thesame manner as the Uniform Code of Military Justice applies when the member isin active federal service.
(c) The maximum punishment that may be imposed by anycourts-martial shall not exceed that authorized in title 32 of the UnitedStates Code although a greater punishment may be authorized by the AppendixTwelve of the United States Manual for Courts-Martial.
(d) This article applies territorially and extraterritoriallyto all persons in the military forces of the state when not subject to theUniform Code of Military Justice and while in a duty status or during a periodof time when the member was under lawful order to be in a duty status. The processingcharges and all proceedings, including trial, may be conducted without regardto the duty status of the accused.
19-12-102. Apprehension.
(a) Apprehension means the taking of a member into custody.
(b) Any person authorized by this code, Chapter 47 of title 10,United States Code, or by regulations issued under either code to apprehendpersons subject to this code, any marshal of a courts-martial appointedpursuant to the provisions of this code and any civil officer or peace officerof this state having authority to apprehend offenders under the laws of theUnited States or this state, may do so upon reasonable belief that an offensehas been committed and that the person apprehended committed the offense.
19-12-103. Warrant of arrest; issuance; contents; service.
(a) A warrant of arrest for the purposes of securing thepresence of accused at any courts-martial proceeding or in execution of asentence of confinement may be issued by a special or general courts-martialconvening authority.
(b) The warrant issued under this article shall:
(i) Be in writing and in the name of the state of Wyoming;
(ii) State the date and county of issuance, including the courtin which documents are to be filed;
(iii) State the name and rank of the person to be arrested;
(iv) State the offense charged against the person to bearrested;
(v) Command that the person against whom the complaint was madebe arrested, conducted to a designated civil or military facility under thecontrol of the state or federal government, placed into custody as directed andbooked; and
(vi) Be signed by an authorized officer of the militarydepartment.
(c) The warrant shall specify the amount of bail and the natureof any bond.
(d) The warrant shall be directed to all peace officers in thestate and provost marshal of the armed forces of the state or the federalgovernment. Such officers shall have the power and authority to conduct thearrested person to the designated facility without regard to territorialjurisdiction.
19-12-104. Convening general, special or summary courts-martial.
(a) General courts-martial may be convened by:
(i) The governor;
(ii) The adjutant general.
(b) Special courts-martial may be convened by:
(i) The adjutant general;
(ii) The commanding officer of a camp or encampment;
(iii) The commanding officer of any army group, air wing,detached army battalion, detached air group or corresponding unit of thenational guard.
(c) Summary courts-martial may be convened by:
(i) Any person who may convene a general or specialcourts-martial;
(ii) The commanding officer of a company, battery, squadron orother detachment of the national guard.
19-12-105. Prosecutions; appeal.
(a) All prosecutions under W.S. 19-12-101 shall be by courts-martialor appropriate civilian court proceeding, with the judge advocate generalhaving sole power to determine by which method to proceed.
(b) Upon the filing of a complaint in a district court orcircuit court of a county wherein the offense is alleged to have occurred, thejudge thereof or a magistrate therein may issue warrants.
(c) In all matters wherein the Uniform Code of Military Justicerequires the action of a military judge, a qualified military judge or in theabsence of a qualified military judge the county or district court judge shallso serve and be empowered to so act.
(d) Unless the state is represented by a staff judge advocate,the district or county attorney shall represent the state and prosecute allcases commenced in the courts.
(e) No sentence of dismissal from the service or dishonorabledischarge imposed by a national guard courts-martial shall be executed untilapproved by the governor. The governor may suspend or set aside part or all ofany sentence he deems appropriate.
(f) When prosecution has been by general courts-martial, afterfinal judgment, sentencing and approval by the governor, the defendant mayappeal to the supreme court of Wyoming in the same manner as appeals fromcircuit courts to district courts to the supreme court of Wyoming in criminalcases.
(g) When prosecution has been by summary or specialcourts-martial, after final judgment, sentencing and approval by the conveningauthority, the defendant may appeal to the district court of the county inwhich the courts-martial was held in the same manner as appeals from circuitcourts to the district courts in criminal cases.
(h) When prosecution has been in the circuit courts, afterfinal judgment and sentencing, the defendant may appeal to the district courtin the same manner as in other criminal cases.
(j) In the event the pool of eligible court members isinsufficient to properly impanel the courts-martial, active and reserve membersof the United States armed forces may be requested to so serve.
19-12-106. Disobedience of order to appear before courts-martial;issuance of subpoena; warrant of attachment; service of warrants; neglecting orrefusing to obey subpoena or order; confinement of prisoners.
(a) When a person served with a copy of courts-martial chargesdisobeys a written order from the convening authority to appear before thecourts-martial at a time and place specified, the commander in chief, adjutantgeneral, president of the courts-martial or summary court officer may issue a warrantfor the arrest of the person to bring him before the court for trial. Theconvening authority may confine him in the county jail where the court isconvened if confinement is deemed advisable to insure the presence of thealleged offender for trial, or may release the accused on the furnishing ofbail in an amount deemed sufficient to insure his presence for trial.
(b) The commander in chief, adjutant general, president of thecourts-martial or summary court officer may issue subpoenas, subpoena ducestecum and other orders compelling the attendance of witnesses and theproduction of evidentiary matters.
(c) When a person has been subpoenaed to appear as a witnessbefore any courts-martial and has been paid or tendered the fees and mileagerequired by law, or a member has been ordered to appear as a witness, andeither fails or refuses without justifiable excuse to appear, the commander inchief, adjutant general, president of the courts-martial or the summary courtofficer may issue a warrant of attachment to apprehend and bring the witnessbefore the court to testify as required by the subpoena or order.
(d) Service of warrants, subpoenas and other process issued bythe commander in chief, adjutant general, president of any courts-martial orsummary court officer on any person shall be made by the sheriff, undersheriffor deputy sheriff of the county wherein the court is convened or of the countywherein the person to be served may be found, or it may be served in any countyby any officer of the national guard when ordered to do so by the commander inchief, adjutant general, president of the courts-martial or summary courtofficer. The individual making service shall endorse the facts of service onthe original process and return it to the officer who issued the process.
(e) Any person who willfully and without justifiable excuseneglects or refuses to obey a subpoena or order is guilty of a misdemeanor andmay be prosecuted in any court of this state as for other misdemeanors. Uponconviction the offender shall be fined not more than seven hundred fiftydollars ($750.00), imprisoned in the county jail not to exceed six (6) months,or both.
(f) The sheriff shall keep in confinement any prisoner turnedover to him for safekeeping upon written orders of the governor, adjutantgeneral, president of a courts-martial or summary court officer.
19-12-107. Members of courts-martial deemed on duty; pay andallowances; witnesses subject to subpoena; witness fees and allowances.
(a) Members of a courts-martial and members of the nationalguard ordered to appear before a courts-martial or other court, and members ofthe national guard tried by courts-martial or other courts and acquitted, shallbe deemed on duty by order of the governor and shall receive the same pay andallowances as provided for members of the national guard when in service byorder of the governor.
(b) Witnesses other than members of the national guard aresubject to subpoena by a courts-martial and shall receive the same fees and allowancesas provided for witnesses before the district courts of this state.
19-12-108. Confinement in county jail; fines.
(a) Where punishment by a courts-martial is imprisonment forone (1) year or less, confinement shall be in the county jail of the countywherein the court is convened. The sheriff shall accept the prisoner uponreceipt of written order promulgating the sentence of the court.
(b) Where punishment by a courts-martial is imprisonment formore than one (1) year, the prisoner shall be remanded to the custody of thedepartment of corrections in the same manner as civilians convicted of criminaloffenses classified as a felony.
(c) Fines imposed by a courts-martial, at the option of thepresident of the courts-martial or the summary court officer, may be collectedin the following manner:
(i) By forfeiture of pay or allowances, or both, due or tobecome due from the state or the United States;
(ii) By immediate payment of the fine in full, in cash, to thepresident of the courts-martial or summary court officer who shall forthwithremit the same to the adjutant general to be paid into the state treasury; or
(iii) Upon failure of the convicted person to forthwith pay thefine in cash when so ordered, by the commitment of the person to the countyjail of the county wherein the court is held until the fine is paid or untilone (1) day is served for each dollar of the fine imposed.
19-12-109. Immunity of national guard member; commission of felony orlesser crime by such member.
(a) Members of the Wyoming national guard, while in activestate service, are immune from service of civil subpoena to compel attendanceas a witness unless the commanding officer of the member permits the service ofthe subpoena when in the judgment of such commanding officer the presence ofthe member is not required in the performance of military duties.
(b) When any felony against the laws of Wyoming is alleged tohave been committed by any member of the national guard while in active stateservice, upon presentation of proper warrant he shall be arrested by themilitary authorities and immediately surrendered to the proper civilauthorities of the county wherein the warrant was issued.
(c) When any crime not a felony against the laws of Wyoming orany municipal subdivision thereof is alleged to have been committed by a memberof the national guard while in active state service, upon presentation of theproper warrant he shall be arrested by the military authorities and at theconvenience of the military authorities but before termination of his activestate service be surrendered to the proper civil authorities of the county ormunicipality wherein the warrant was issued.
(d) Nothing herein grants immunity from service of warrantsissued upon a charge or complaint alleging the violation of one (1) or more ofthe offenses set forth in W.S. 19-12-110 nor shall any such immunity preventprosecution of a member of the national guard by the proper authorities at anytime after termination of the period of active state service for which theimmunity was effective.
(e) No member of the national guard shall be held to answer fora criminal offense in both civilian courts and the military courts of thisstate. The decision as to under which justice system a member is held to answeris left to the discretion of the district attorney for the county in which theoffense is alleged to have occurred and the judge advocate general. An impassein this decision shall be referred to the district court judge for resolution.The decision of the district court judge is final.
19-12-110. Trial and punishment for certain offenses by members ofnational guard in state courts.
(a) Members of the Wyoming national guard charged with thefollowing offenses may be tried and punished as herein provided:
(i) Any officer of the Wyoming national guard who usescontemptuous words against the president, vice-president, congress, secretaryof defense, a secretary of a department, a governor or a legislature of anystate, territory or other possession of the United States in which he is onduty or present;
(ii) Any member of the Wyoming national guard who behaves withdisrespect toward his superior officer;
(iii) Any person who:
(A) Strikes his superior officer or draws or lifts up anyweapon or offers any violence against him while he is in the execution of hisoffice; or
(B) Willfully disobeys a lawful command of his superiorofficer.
(iv) Any warrant officer or enlisted person who:
(A) Strikes or assaults a warrant officer or noncommissionedofficer, while the officer is in the execution of his office;
(B) Willfully disobeys the lawful order of a warrant officer ornoncommissioned officer;
(C) Treats with contempt or is disrespectful in language ordeportment toward a warrant officer or noncommissioned officer while theofficer is in the execution of his office.
(v) Any person who:
(A) Violates or fails to obey any lawful general order orregulation;
(B) Having knowledge of any other lawful order issued by a memberof the national guard, which it is his duty to obey, fails to obey the same; or
(C) Is derelict in the performance of his duties.
(vi) Any person who resists apprehension or breaks arrest or whoescapes from custody or confinement;
(vii) Any person who, without proper authority, releases anyprisoner duly committed to his charge, or who through neglect or design suffersany prisoner to escape;
(viii) Any person, who with intent to deceive, signs any falserecord, return, regulation, order or other official document, knowing the sameto be false, or makes any other false official statement knowing the same to befalse;
(ix) Any person who, without proper authority:
(A) Sells or otherwise disposes of;
(B) Willfully or through neglect damages, destroys, or loses;or
(C) Willfully or through neglect suffers to be lost, damaged,destroyed, sold or wrongfully disposed of, any military property of the UnitedStates or the state of Wyoming.
(x) Any person who operates any vehicle while under theinfluence of alcohol or a controlled substance, or in a reckless or wantonmanner;
(xi) Any person other than a sentinel or lookout, who is foundunder the influence of alcohol or a controlled substance on duty;
(xii) Any sentinel or lookout who is found drunk or sleeping uponhis post, or leaves it before he is regularly relieved;
(xiii) Any member of the Wyoming national guard who without properauthority:
(A) Fails to go to his appointed place of duty at the timeprescribed;
(B) Goes from that place; or
(C) Absents himself or remains absent from his unit,organization or other place of duty at which he is required to be at the timeprescribed.
(xiv) Any person who for the purpose of avoiding work, duty orservice:
(A) Feigns illness, physical disablement, mental lapse orderangement; or
(B) Intentionally inflicts self-injury.
(xv) Any officer or officer candidate who is convicted ofconduct unbecoming an officer and a gentleman;
(xvi) Though not specifically mentioned, all disorders andneglects to the prejudice of good order and discipline in the national guard,all conduct of a nature to bring discredit upon the national guard, and crimesand offenses not capital, of which persons subject to this act may be guilty,shall be taken cognizance of by a general or special or summary courts-martial,according to the nature and degree of the offense.
(b) Any member of the national guard tried and found guilty bya courts-martial of any offense identified in subsection (a) of this sectionshall be punished by a fine of not more than seven hundred fifty dollars($750.00), imprisonment in the county jail for not to exceed six (6) months, orboth. Upon a second or subsequent conviction the person convicted shall befined not less than two hundred fifty dollars ($250.00) nor more than onethousand dollars ($1,000.00) to which may be added imprisonment in the countyjail for not to exceed six (6) months. The fine and sentence on a second orsubsequent conviction shall not be suspended.
(c) Any member of the national guard tried and found guilty bya civil court of any of the offenses identified in subsection (a) of thissection shall be deemed guilty of a misdemeanor and shall be punished by a fineof not more than seven hundred fifty dollars ($750.00), imprisonment in thecounty jail not to exceed six (6) months, or both. Upon a second or subsequentconviction the person convicted shall be fined not less than two hundred fiftydollars ($250.00) nor more than one thousand dollars ($1,000.00) to which maybe added imprisonment in the county jail for not to exceed six (6) months. Thefine and sentence on a second or subsequent conviction shall not be suspended.
(d) Any commanding officer of the Wyoming national guard mayimpose administrative, nonjudicial punishment as described and set forth inarticle 15 of the Uniform Code of Military Justice and in accordance with theprocedure therein set forth unless the accused demands trial by courts-martial.
(e) Any member of the Wyoming national guard who is convictedof a high misdemeanor or felony crime in any state or federal court may beseparated from service in the Wyoming national guard by administrativeprocedures subject to all rules and regulations of the department of defenseapplicable to the Wyoming national guard. A certified copy of the convictionshall be sufficient authority for the separation.
(f) Any person who resists or aids in resisting the executionof lawful process in any area declared to be in a state of actual or threatenedinsurrection, or who aids or attempts the rescue or escape of another fromlawful custody or confinement, or who resists or aids in resisting any forceordered out by the governor to execute the laws, to suppress actual or preventthreatened insurrection or to repel invasion is guilty of a felony punishableby imprisonment in the state penitentiary for not less than one (1) year normore than ten (10) years.
