UTAH CODE (Last Updated: January 16, 2015) |
Title 39. Militia and Armories |
Chapter 6. Utah Code of Military Justice |
§ 39-6-1. Short title. |
§ 39-6-2. Definitions. |
§ 39-6-3. Persons subject to chapter. |
§ 39-6-4. Fraudulently obtained discharge -- Desertion. |
§ 39-6-5. Application of chapter to persons in and without state -- Military courts held without the state. |
§ 39-6-6. State judge advocate -- Appointment -- Qualifications -- Duties -- Assistants. |
§ 39-6-7. Apprehension. |
§ 39-6-8. Arrest. |
§ 39-6-9. Confinement. |
§ 39-6-10. Parties under obligation to keep a prisoner -- Reporting. |
§ 39-6-11. Person confined prior to trial -- Punishment limitations. |
§ 39-6-12. Person accused of offense against civilian -- Sentences of military and civilian courts. |
§ 39-6-14. Nonjudicial punishment. |
§ 39-6-15. Military court -- Composition. |
§ 39-6-16. Military court -- Jurisdiction. |
§ 39-6-17. Bad conduct discharge or dismissal -- Approval by governor. |
§ 39-6-18. Convening military court. |
§ 39-6-19. Persons who may serve on a military court. |
§ 39-6-20. Military judge -- Qualifications -- Designation for detail. |
§ 39-6-21. Military court -- Duties of convening authority. |
§ 39-6-22. Military court members -- When excused -- Trial procedure. |
§ 39-6-23. Military court -- Charges and specifications -- Contents -- Notification of accused. |
§ 39-6-24. Person charged -- Limits on evidence obtained from other persons. |
§ 39-6-26. Charges to be forwarded to governor or adjutant general. |
§ 39-6-27. Review of charge by SJA -- Corrections to charges. |
§ 39-6-28. Service of charges on accused. |
§ 39-6-29. Court procedures -- Regulations by governor. |
§ 39-6-30. Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance. |
§ 39-6-31. Military court -- Prosecutions in state name -- Right to defense trial counsel. |
§ 39-6-32. Military court -- Session -- Procedures. |
§ 39-6-33. Military court -- Continuance. |
§ 39-6-34. Military court -- Challenge for cause -- Peremptory challenge. |
§ 39-6-35. Military court -- Oath or affirmation. |
§ 39-6-36. Desertion or absence without leave and other offenses -- Time limit on trial -- Tolling of time limits. (Effective 5/13/2014) |
§ 39-6-37. Second trial on an offense prohibited. |
§ 39-6-38. Plea of not guilty -- Accepted -- Withdrawn. |
§ 39-6-39. Obtaining evidence and witnesses -- Procedure. |
§ 39-6-40. Offenses against the state by person not subject to chapter. |
§ 39-6-41. Contempt -- Penalty. |
§ 39-6-42. Depositions -- Procedure. |
§ 39-6-43. Sworn testimony -- Read in evidence. |
§ 39-6-44. Voting by military court members -- Procedure -- Presumption of innocence -- Reasonable doubt -- Burden of proof. |
§ 39-6-45. Vote necessary for conviction or other questions -- Tie vote. |
§ 39-6-46. Findings -- Background check prior to sentencing. |
§ 39-6-47. Military court records. |
§ 39-6-48. Cruel and unusual punishments -- Use of irons. |
§ 39-6-49. Limits of punishment. |
§ 39-6-50. Forfeiture of pay as sentence. |
§ 39-6-51. Confinement as sentence -- Penal institutions. |
§ 39-6-52. Finding or sentence -- Error -- Review. |
§ 39-6-53. Trial record forwarded to convening authority. |
§ 39-6-54. Convening authority refers record to SJA -- Opinion. |
§ 39-6-55. Specification dismissal -- No finding of not guilty -- Procedure. |
§ 39-6-56. Rehearing ordered by convening authority -- Grounds -- Procedure. |
§ 39-6-57. Convening authority -- Approval of findings and sentence. |
§ 39-6-58. Convening authority review -- Action by governor final -- SJA review -- Appeal of final action. |
§ 39-6-59. Military court sentence -- Execution by convening authority. |
§ 39-6-61. Probation violation -- Hearing -- Counsel -- Execution of suspended sentence. |
§ 39-6-62. Petition for new trial -- Grounds. |
§ 39-6-63. Sentence -- Remission or suspension. |
§ 39-6-64. Sentence set aside -- Rights restored. |
§ 39-6-65. Finality of military court judgments. |
§ 39-6-66. Principal defined. |
§ 39-6-67. Accessory after the fact. |
§ 39-6-68. Conviction of lesser included offense or attempt. |
§ 39-6-69. Attempt. |
§ 39-6-70. Conspiracy. |
§ 39-6-71. Solicitation of desertion, mutiny, or other act of misconduct. |
§ 39-6-72. Fraudulent enlistment, appointment, or separation. |
§ 39-6-73. Unlawful enlistment, appointment, or separation of another. |
§ 39-6-74. Desertion. |
§ 39-6-75. Absence without leave. |
§ 39-6-76. Missing movement. |
§ 39-6-77. Contempt toward officials. |
§ 39-6-78. Disrespect toward superior officer. |
§ 39-6-79. Assault or willful disobedience of an officer. |
§ 39-6-80. Assault or willful disobedience of subordinate officer. |
§ 39-6-81. Failure to obey order or regulation. |
§ 39-6-82. Cruelty -- Maltreatment. |
§ 39-6-83. Mutiny -- Sedition. |
§ 39-6-84. Breaking arrest or confinement. |
§ 39-6-85. Releasing prisoner without proper authority -- Allowing escape. |
§ 39-6-86. Unlawful detention. |
§ 39-6-87. Delay in disposition of case or noncompliance with chapter. |
§ 39-6-88. Forcing a safeguard. |
§ 39-6-89. Signing a false record. |
§ 39-6-90. Sale, waste, or destruction of military property. |
§ 39-6-91. Waste or destruction of nonmilitary property. |
§ 39-6-92. Improper hazarding of vessel. |
§ 39-6-93. Intoxicated or reckless driving. |
§ 39-6-94. Intoxicated on duty -- Sentinel or lookout. |
§ 39-6-95. Malingering. |
§ 39-6-96. Riot -- Breach of peace. |
§ 39-6-97. Provoking speeches or gestures. |
§ 39-6-98. Theft -- Wrongful conversion. |
§ 39-6-99. Aggravated arson -- Arson. |
§ 39-6-100. Extortion. |
§ 39-6-101. Assault -- Aggravated assault. |
§ 39-6-102. Housebreaking. |
§ 39-6-103. Perjury. |
§ 39-6-104. Fraudulent claim against government. |
§ 39-6-105. Conduct unbecoming an officer. |
§ 39-6-106. Acts discrediting National Guard. |
§ 39-6-107. Courts of inquiry. |
§ 39-6-108. Execution of military court processes and sentences. |
§ 39-6-109. Military court -- Authority -- Processes and mandates. |
§ 39-6-110. Fines. |
§ 39-6-111. Action by military court -- Protection from prosecution. |
§ 39-6-112. Presumption of military court jurisdiction. |
§ 39-6-113. Jurisdiction over offenses. |
§ 39-6-114. Chapter interpretation -- Federal law. |