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 Plea of not guilty -- Accepted -- Withdrawn.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.