1997 Minnesota Statutes

CHAPTER 192A. Uniform code of military justice

     192A.01 Short title and numbering. 

    Subdivision 1.  This chapter may be cited as the Minnesota 
 code of military justice. 

    Subd. 2.  Repealed, 1978 c 552 s 48 

    HIST: 1963 c 661 s 192A.01 

     192A.015 Definitions. 

    In this chapter, unless the context otherwise requires: 

    (1) "Accuser" means a person who signs and swears to 
 charges, any person who directs that charges nominally be signed 
 and sworn to by another, and any person who has an interest 
 other than an official interest in the prosecution of the 
 accused; 

    (2) "Active state duty" means the same as state active 
 service defined in section 190.05, subdivision 5a; 

    (3) "Code" means this chapter; 

    (4) "Commanding officer" means a commissioned officer who 
 is in command of any unit; 

    (5) "Commissioned officer" includes a commissioned warrant 
 officer; 

    (6) "Convening authority" includes, in addition to the 
 person who convened the court, a commissioned officer commanding 
 for the time being, or a successor in command; 

    (7) "Enlisted member" means a person in an enlisted grade; 

    (8) "Grade" means a step or degree, in a graduated scale of 
 office or military rank, that is established and designated as a 
 grade by law or rule; 

    (9) "In federal service" and "not in federal service" mean 
 the same as those terms are used and construed in federal laws 
 and regulations; 

    (10) "May" is used in a permissive sense.  The words "no 
 person may" mean that no person is required, authorized, or 
 permitted to do the act prescribed; 

    (11) "Military" refers to any or all of the armed forces of 
 the United States or any state; 

    (12) "Military court" means a court-martial, a court of 
 inquiry; 

    (13) "Officer" means commissioned or warrant officer; 

    (14) "Rank" means the order of precedence among members of 
 the state military forces; 

    (15) "Shall" is used in a mandatory sense; 

    (16) "State judge advocate" means the commissioned officer 
 responsible for supervising the administration of the military 
 justice in the state military forces and appointed pursuant to 
 section 192A.04; 

    (17) "State military forces" means the national guard of 
 the state, as defined in United States Code, title 32, section 
 101(3) and any other military force organized under the laws of 
 the state; 

    (18) "Superior commissioned officer" means a commissioned 
 officer superior in rank and command. 

    HIST: 1963 c 661 s 192A.015; 1978 c 552 s 1; 1983 c 193 s 8; 
 1985 c 248 s 70 

     192A.02 Persons subject to this code. 

    Subdivision 1.    Applicability.  This code applies to 
 all members of the state military forces in active service as 
 defined by section 190.05, subdivision 5. 

    Subd. 2.    Military service in Minnesota.  This code 
 also applies to all persons in the military while they are 
 serving within this state and while they are under the command 
 of a commissioned officer of the state military forces. 

    Subd. 3.    Concurrent jurisdiction.  The provisions of 
 this chapter conferring jurisdiction over persons shall not be 
 construed as depriving military commissions or other military 
 tribunals of concurrent jurisdiction in respect to offenders or 
 offenses that by statute or by law of war may be tried by such 
 military commissions or other military tribunals. 

    HIST: 1963 c 661 s 192A.02; 1978 c 552 s 2; 1983 c 193 s 9 

     192A.025 Jurisdiction to try certain personnel.  

    Subdivision 1.  Each person discharged from the state 
 military forces who is later charged with having fraudulently 
 obtained the discharge is, subject to section 192A.235, subject 
 to trial by court-martial on that charge and is after 
 apprehension subject to this code while in the custody of the 
 military for that trial.  Upon conviction of that charge the 
 person is subject to trial by court-martial for all offenses 
 under this code committed before the fraudulent discharge.  

    Subd. 2.  No person who has deserted from the state 
 military forces may be relieved from amenability to the 
 jurisdiction of this code by virtue of a separation from any 
 later period of service.  

    HIST: 1963 c 661 s 192A.025; 1986 c 444 

     192A.03 Dismissal of commissioned officer.  

    Subdivision 1.  Any commissioned officer, dismissed by 
 order of the governor, may make a written application for trial 
 by court-martial, setting forth, under oath, that the dismissal 
 was wrongful.  The governor, as soon as practicable, shall 
 convene a general court-martial to try that officer on the 
 charges on which the officer was dismissed.  A court-martial so 
 convened has jurisdiction to try the dismissed officer on those 
 charges, and the officer shall be considered to have waived the 
 right to plead any statute of limitations applicable to any 
 offense with which the officer is charged.  The court-martial 
 may, as part of its sentence, adjudge the affirmance of the 
 dismissal, but if the court-martial acquits the accused or if 
 the sentence adjudged, as finally approved or affirmed, does not 
 include dismissal, the adjutant general shall substitute for the 
 dismissal ordered by the governor a form of discharge authorized 
 for administrative issue.  

    Subd. 2.  If the governor fails to convene a general 
 court-martial within six months from the presentation of an 
 application for trial under this code, the adjutant general 
 shall substitute for the dismissal ordered by the governor a 
 form of discharge authorized for administrative issue.  

    Subd. 3.  If a discharge is substituted for a dismissal 
 under this code, the governor alone may reappoint the officer to 
 such commissioned grade and with such rank as, in the opinion of 
 the governor, that former officer would have attained had there 
 been no dismissal.  The reappointment of such a former officer 
 may be made only if a vacancy is available under applicable 
 tables of organization.  All time between the dismissal and the 
 reappointment shall be considered as actual service for all 
 purposes.  

    Subd. 4.  If an officer is discharged from the organized 
 militia by administrative action or by board proceedings under 
 law, or is dropped from the rolls by order of the governor, the 
 officer has no right to trial under this section.  

    HIST: 1963 c 661 s 192A.03; 1986 c 444 

     192A.035 Territorial applicability of the code.  

    Subdivision 1.  This code applies throughout the state.  It 
 also applies to all persons otherwise subject to this code while 
 they are serving outside the state, and while they are going to 
 and returning from such service outside the state, in the same 
 manner and to the same extent as if they were serving inside the 
 state.  

    Subd. 2.  Courts-martial and courts of inquiry may be 
 convened and held in units of the state military forces while 
 those units are serving outside the state with the same 
 jurisdiction and powers as to persons subject to this code as if 
 the proceedings were held inside the state, and offenses 
 committed outside the state may be tried and punished either 
 inside or outside the state.  

    HIST: 1963 c 661 s 192A.035 

     192A.04 Judge advocates and legal officers. 

    Subdivision 1.  The governor, on the recommendation of the 
 adjutant general, shall appoint an officer of the state military 
 forces as state judge advocate.  To be eligible for appointment, 
 an officer must be a member of the bar of the highest court of 
 the state and must have been a member of the bar of the state 
 for at least five years. 

    Subd. 2.  The adjutant general may appoint as many 
 assistant state judge advocates as the adjutant general 
 considers necessary.  To be eligible for appointment, assistant 
 state judge advocates must be officers of the state military 
 forces and members of the bar of the highest court of the state. 

    Subd. 3.  The state judge advocate or assistant state judge 
 advocates shall make frequent inspections in the field in 
 supervision of the administration of military justice. 

    Subd. 4.  Repealed, 1978 c 552 s 48 

    Subd. 5.  Repealed, 1978 c 552 s 48 

    HIST: 1963 c 661 s 192A.04; 1986 c 444 

     192A.045 Apprehension. 

    Subdivision 1.  Apprehension is the taking of a person into 
 custody. 

    Subd. 2.  Any person authorized by this code, or by rules 
 issued under it, or any peace officer, may apprehend persons 
 subject to this code upon reasonable belief that an offense has 
 been committed and that the person apprehended committed it. 

    Subd. 3.  If any person subject to this code misses a 
 movement to, or is absent without official leave from, annual 
 field training or active state duty, such person may be 
 apprehended and delivered to the person's commanding officer. 
 Apprehension may be made by military police personnel or by any 
 civil peace officer pursuant to a warrant issued by a military 
 judge upon a finding of probable cause. 

    Subd. 4.  Commissioned officers, warrant officers, and 
 noncommissioned officers have authority to quell quarrels, 
 frays, and disorders among persons subject to this code and to 
 apprehend persons subject to this code who take part therein. 

    HIST: 1963 c 661 s 192A.045; 1978 c 552 s 3; 1985 c 248 s 70; 
 1986 c 444 

     192A.05 Apprehension of deserters.  

    Any civil officer having authority to apprehend offenders 
 under the laws of the United States or of a state, territory, 
 commonwealth, or possession, or the District of Columbia may 
 summarily apprehend a deserter from the state military forces 
 and deliver the deserter into the custody of the state military 
 forces.  If an offender is apprehended outside the state, the 
 offender's return to the area must be in accordance with normal 
 extradition procedures or reciprocal agreement.  

    HIST: 1963 c 661 s 192A.05; 1986 c 444 

     192A.055 Imposition of restraint.  

    Subdivision 1.  Arrest is the restraint of a person by an 
 order, not imposed as a punishment for an offense, directing the 
 person to remain within certain specified limits.  Confinement 
 is the physical restraint of a person.  

    Subd. 2.  An enlisted member may be ordered into arrest or 
 confinement by any commissioned officer by an order, oral or 
 written, delivered in person or through other persons subject to 
 this code or through any person authorized by this code to 
 apprehend persons.  A commanding officer may authorize warrant 
 officers, petty officers, or noncommissioned officers to order 
 enlisted members of the authorizing officer's command or subject 
 to the authorizing officer's authority into arrest or 
 confinement.  

    Subd. 3.  A commissioned officer or a warrant officer may 
 be ordered apprehended or into arrest or confinement only by a 
 commanding officer to whose authority the commissioned officer 
 or warrant officer is subject, by an order, oral or written, 
 delivered in person or by another commissioned officer.  The 
 authority to order such persons apprehended or into arrest or 
 confinement may not be delegated.  

    Subd. 4.  No person may be ordered apprehended or into 
 arrest or confinement except for probable cause.  

    Subd. 5.  This section does not limit the authority of 
 persons authorized to apprehend offenders to secure the custody 
 of an alleged offender until proper authority may be notified.  

    HIST: 1963 c 661 s 192A.055; 1986 c 444 

     192A.06 Restraint of persons charged with offenses. 

    Any person subject to this code charged with an offense 
 under this code may be ordered into arrest or confinement, as 
 circumstances may require; but when charged only with an offense 
 normally tried by a summary court-martial, such person shall not 
 ordinarily be placed in confinement.  Any person subject to this 
 code placed in arrest or confinement prior to trial shall 
 immediately be informed of the specific wrong of which the 
 person is accused and shall be tried or shall have the charges 
 dismissed and shall be released. 

    HIST: 1963 c 661 s 192A.06; 1978 c 552 s 4; 1986 c 444 

     192A.065 Confinement in jails.  

    Persons confined other than in a guardhouse, whether 
 before, during, or after trial by a military court, shall be 
 confined in civil jails, penitentiaries, or prisons designated 
 by the governor or by such person as the governor may authorize 
 to act.  

    HIST: 1963 c 661 s 192A.065; 1986 c 444 

     192A.07 Reports and receiving of prisoners.  

    Subdivision 1.  No provost marshal, commander of a guard, 
 master at arms, warden, keeper, or officer of a city or county 
 jail or any other jail, penitentiary, or prison designated under 
 section 192A.065 may refuse to receive or keep any prisoner 
 committed to the charge of that official, when the committing 
 person furnishes and signs a statement of the offense charged 
 against the prisoner.  

    Subd. 2.  Every commander of a guard, master at arms, 
 warden, keeper, or officer of a city or county jail or of any 
 other jail, penitentiary, or prison designated under section 
 192A.065, to whose charge a prisoner is committed, shall, within 
 24 hours after that commitment or as soon as the person is 
 relieved from guard, report to the commanding officer of the 
 prisoner the name of the prisoner, the offense charged against 
 the prisoner, and the name of the person who ordered or 
 authorized the commitment.  

    HIST: 1963 c 661 s 192A.07; 1986 c 444 

     192A.075 Punishment prohibited before trial.  

    Subject to section 192A.305, no person, while being held 
 for trial or the result of trial, may be subjected to punishment 
 or penalty other than arrest or confinement upon the charges 
 pending, nor shall the arrest or confinement imposed be any more 
 rigorous than the circumstances require to insure that person's 
 presence, but that person may be subjected to minor punishment 
 during that period for infractions of discipline.  

    HIST: 1963 c 661 s 192A.075; 1986 c 444 

     192A.08 Delivery of offenders to civil authorities.  

    Subdivision 1.  Under such rules as may be prescribed under 
 this code a person subject to this code who is on active state 
 duty who is accused of an offense against civil authority may be 
 delivered, upon request, to the civil authority for trial. 

    Subd. 2.  When delivery under this section is made to any 
 civil authority of a person undergoing sentence of a 
 court-martial, the delivery, if followed by conviction in a 
 civil tribunal, interrupts the execution of the sentence of the 
 court-martial, and the offender after having answered to the 
 civil authorities for the offense shall, upon the request of 
 competent military authority, be returned to military custody 
 for the completion of the sentence.  

    HIST: 1963 c 661 s 192A.08; 1985 c 248 s 70; 1986 c 444 

     192A.085 Commanding officer's nonjudicial punishment. 

    Subdivision 1.  Under such rules as the governor may 
 prescribe any commanding officer may, in addition to or in lieu 
 of admonition or reprimand, impose one of the following 
 disciplinary punishments for minor offenses without the 
 intervention of a court-martial: 

    (1) Upon an officer of the command: 

    (a) Withholding of privileges for not more than two 
 consecutive weeks; 

    (b) Restriction to certain specified limits, with or 
 without suspension from duty, for not more than two consecutive 
 weeks; or 

    (c) If imposed by the governor, the commanding officer of a 
 force of the state military forces, or the commanding general of 
 a division, a forfeiture of not more than 15 days pay or a fine 
 in an equivalent amount. 

    (2) Upon other military personnel of the command: 

    (a) Withholding of privileges for not more than two 
 consecutive weeks; 

    (b) Restriction to certain specified limits, with or 
 without suspension from duty, for not more than two consecutive 
 weeks; 

    (c) Extra duties for not more than 14 days, which need not 
 be consecutive, and for not more than two hours per day, 
 holidays included; 

    (d) Reduction to next inferior grade if the grade from 
 which demoted was established by the command or an equivalent or 
 lower command; 

    (e) If imposed upon a person attached to or embarked in a 
 vessel, confinement for not more than seven consecutive days; or 

    (f) A forfeiture of not more than four days pay or a fine 
 in an equivalent amount. 

    Subd. 2.  The governor may, by rule, place limitations on 
 the powers granted by this section with respect to the kind and 
 amount of punishment authorized and the categories of commanding 
 officers authorized to exercise those powers. 

    Subd. 3.  Punishment may not be imposed upon any person 
 subject to this code if such person, before imposition of such 
 punishment, has demanded trial by court-martial in lieu of such 
 punishment, except in the case of a person attached to or 
 embarked on a vessel. 

    Subd. 4.  A person punished under this section who 
 considers the punishment unjust or disproportionate to the 
 offense may, through the proper channel, appeal to the next 
 superior authority.  The appeal shall be promptly forwarded and 
 decided, but the person punished shall not in the meantime be 
 required to undergo the punishment adjudged.  The officer who 
 imposes the punishment, the successor in command, and superior 
 authority may suspend, set aside, or remit any part or amount of 
 the punishment and restore all rights, privileges, and property 
 affected.  Before acting on an appeal from a punishment of a 
 fine or forfeiture of pay or reduction in grade, the authority 
 who is to act on the appeal shall refer the matter to the 
 authority's judge advocate for advice and counsel. 

    Subd. 5.  The imposition and enforcement of disciplinary 
 punishment under this section for any act or omission is not a 
 bar to trial by court-martial for a serious crime or offense 
 growing out of the same act or omission, and not properly 
 punishable under this section; but the fact that a disciplinary 
 punishment has been enforced may be shown by the accused upon 
 trial, and when so shown shall be considered in determining the 
 measure of punishment to be adjudged in the event of a finding 
 of guilty. 

    Subd. 6.  Whenever a punishment of forfeiture of pay is 
 imposed under this section, the forfeiture may apply to pay 
 accruing on or after the date that punishment is imposed and to 
 any pay accrued before that date. 

    Subd. 7.  For purposes of this section, "consecutive" means 
 time on active state duty or duty status other than active state 
 duty excluding any intervening period or periods when the person 
 concerned is not on such duty. 

    HIST: 1963 c 661 s 192A.085; 1978 c 552 s 5; 1985 c 248 s 70; 
 1986 c 444 

     192A.09 Courts-martial of state military forces not in 
  federal service; composition; jurisdiction; powers and 
  proceedings. 

    In the state military forces not in federal service, there 
 shall be three types of courts-martial: 

    (1) General courts-martial, consisting of: 

    (a) A military judge and not less than five members; or 

    (b) Only a military judge, if before the court is assembled 
 the accused, knowing the identity of the military judge and 
 after consultation with defense counsel, requests in writing a 
 court composed only of a military judge and the military judge 
 approves; and 

    (2) Special courts-martial, consisting of: 

    (a) A military judge and not less than three members; or 

    (b) Only a military judge, if before the court is assembled 
 the accused, knowing the identity of the military judge and 
 after consultation with defense counsel, requests in writing a 
 court composed only of a military judge and the military judge 
 approves; and 

    (3) Summary courts-martial, consisting of a military judge. 

    HIST: 1963 c 661 s 192A.09; 1978 c 552 s 6 

     192A.095 Jurisdiction of courts-martial in general.  

    Each force of the state military forces has court-martial 
 jurisdiction over all persons subject to this code.  The 
 exercise of jurisdiction by one force over personnel of another 
 force shall be in accordance with rules prescribed by the 
 governor.  

    HIST: 1963 c 661 s 192A.095; 1985 c 248 s 70 

     192A.10 Jurisdiction of general courts-martial. 

    Subject to section 192A.095 general courts-martial have 
 jurisdiction to try persons subject to this code for any offense 
 made punishable by this code and may, under such limitations as 
 the governor may prescribe, adjudge any of the following 
 punishments: 

    (1) A reprimand; 

    (2) A fine of not more than $200; 

    (3) Forfeiture of not more than 48 days pay; 

    (4) Dismissal, bad conduct discharge, or dishonorable 
 discharge; 

    (5) Reduction in rank of an enlisted member to any lower 
 enlisted rank including the lowest enlisted rank; 

    (6) Confinement of not more than six months; or 

    (7) Any combination of these punishments. 

    HIST: 1963 c 661 s 192A.10; 1978 c 552 s 7; 1986 c 444 

     192A.105 Jurisdiction of special courts-martial. 

    Subject to section 192A.095 special courts-martial have 
 jurisdiction to try persons subject to this code, except 
 commissioned officers, for any offense for which they may be 
 punished under this code.  A special court-martial may adjudge 
 the following punishments: 

    (1) A reprimand; 

    (2) A fine of not more than $100; 

    (3) Forfeiture of not more than 24 days pay; 

    (4) Reduction in rank of an enlisted member to any lower 
 enlisted rank including the lowest enlisted grade; 

    (5) A bad conduct discharge; 

    (6) Confinement of not more than 90 days; or 

    (7) Any combination of these punishments. 

    HIST: 1963 c 661 s 192A.105; 1978 c 552 s 8; 1986 c 444 

     192A.11 Jurisdiction of summary courts-martial. 

    Subdivision 1.  Subject to section 192A.095 summary 
 courts-martial have jurisdiction to try persons subject to this 
 code, except officers, for any offense made punishable by this 
 code. 

    Subd. 2.  No person with respect to whom summary 
 courts-martial have jurisdiction may be brought to trial before 
 a summary court-martial if that person objects thereto, unless 
 under section 192A.085 that person has been permitted and has 
 elected to refuse punishment under that section.  If objection 
 to trial by summary court-martial is made by an accused who has 
 not been permitted to refuse punishment under section 192A.085, 
 trial shall be ordered by special or general court-martial, as 
 may be appropriate. 

    Subd. 3.  A summary court-martial may adjudge the following 
 punishments: 

    (1) A reprimand; 

    (2) A fine of not more than $25; 

    (3) Forfeiture of not more than 12 days pay; 

    (4) Reduction in rank of an enlisted member to any lower 
 enlisted rank including the lowest enlisted grade; 

    (5) Confinement of not more than 15 days; 

    (6) Any combination of these punishments. 

    HIST: 1963 c 661 s 192A.11; 1978 c 552 s 9; 1986 c 444 

     192A.115 Sentences of dismissal or dishonorable 
  discharge to be approved by the governor.  

    In the organized militia not in federal service, no 
 sentence of dismissal or dishonorable discharge may be executed 
 until it is approved by the governor.  

    HIST: 1963 c 661 s 192A.115 

     192A.12 Complete record of proceedings and testimony if 
  dishonorable discharge, bad conduct discharge, or dismissal 
  adjudged. 

    A dishonorable discharge, bad conduct discharge, or 
 dismissal may not be adjudged by any court-martial unless a 
 complete record of the proceedings and testimony before the 
 court has been made, qualified counsel has been detailed to 
 represent the accused, and a military judge has presided over 
 the trial. 

    HIST: 1963 c 661 s 192A.12; 1978 c 552 s 10 

  192A.125 Repealed, 1978 c 552 s 48 

     192A.13 Who may convene general courts-martial. 

    In the state military forces not in federal service, 
 general courts-martial may be convened by the governor. 

    HIST: 1963 c 661 s 192A.13; 1978 c 552 s 11 

     192A.135 Who may convene special courts-martial.  

    In the state military forces not in federal service, the 
 commanding officer of a garrison, fort, post, camp, air base, 
 auxiliary air base, or other place where troops are on duty, or 
 of a brigade, regiment, wing, group, detached battalion, 
 separate squadron, or other detached command, may convene 
 special courts-martial.  Special courts-martial may also be 
 convened by superior authority.  When any such officer is an 
 accuser, the court shall be convened by superior competent 
 authority.  

    HIST: 1963 c 661 s 192A.135 

     192A.14 Who may convene summary courts-martial. 

    In the state military forces not in federal service, the 
 commanding officer of a garrison, fort, post, camp, air base, 
 auxiliary air base, or other place where troops are on duty, or 
 of a regiment, wing, group, detached battalion, detached 
 squadron, detached company, or other detachment, may convene a 
 summary court-martial consisting of a military judge.  The 
 proceedings shall be informal. 

    HIST: 1963 c 661 s 192A.14; 1978 c 552 s 12 

     192A.145 Who may serve on courts-martial. 

    Subdivision 1.  Any commissioned officer of or on duty with 
 the state military forces is eligible to serve on all 
 courts-martial for the trial of any person who may lawfully be 
 brought before such courts for trial. 

    Subd. 2.  Any warrant officer of or on duty with the state 
 military forces is eligible to serve on general and special 
 courts-martial for the trial of any person, other than a 
 commissioned officer, who may lawfully be brought before such 
 courts for trial. 

    Subd. 3.  (1) Any enlisted member of the state military 
 forces who is not a member of the same unit as the accused is 
 eligible to serve on general and special courts-martial for the 
 trial of any enlisted member who may lawfully be brought before 
 such courts for trial, but the enlisted member shall serve as a 
 member of a court only if, before the conclusion of a session 
 called by the military judge, under section 192A.215 of this 
 code prior to trial or, in the absence of such a session, before 
 the court is assembled for the trial of the accused, the accused 
 personally has requested in writing that enlisted members serve 
 on it.  After such a request the accused may not be tried by a 
 general or special court-martial the membership of which does 
 not include enlisted members in a number comprising at least one 
 third of the total membership of the court, unless eligible 
 members cannot be obtained on account of physical conditions or 
 military exigencies.  If such members cannot be obtained, the 
 court may be convened and the trial held without them, but the 
 convening authority shall make a detailed written statement, to 
 be appended to the record, stating why they could not be 
 obtained. 

    (2) In this section the word "unit" means any regularly 
 organized body of the state military forces not larger than a 
 company, a squadron, or a body corresponding to one of them. 

    Subd. 4.  (1) When it can be avoided, no person subject to 
 this code may be tried by a court-martial any member of which is 
 junior to the person being tried in rank or grade. 

    (2) When convening a court-martial, the convening authority 
 shall detail as members thereof such members as in the convening 
 authority's opinion are best qualified for the duty by reason of 
 age, education, training, experience, length of service, and 
 judicial temperament.  No member is eligible to serve as a 
 member of a general or special court-martial when the member is 
 the accuser or a witness for the prosecution or has acted as 
 investigating officer or as counsel in the same case. 

    HIST: 1963 c 661 s 192A.145; 1978 c 552 s 13,14; 1986 c 444 

     192A.15 Military judge system. 

    Subdivision 1.  There is hereby established a military 
 judge system for the state military forces.  The military judge 
 system shall be in the military department under the command of 
 the adjutant general.  It shall consist of at least two military 
 judges, a number of legal clerks equal to the number of judges 
 and such additional military staff as is necessary. 

    Subd. 2.  A military judge shall be a commissioned officer 
 of the state military forces who has been a member of the bar of 
 this state for at least six years, who has served as a member of 
 the judge advocate generals corps for not less than three years, 
 and who is certified to be qualified for such duty by the state 
 judge advocate. 

    Subd. 3.  The military judge to be detailed to a 
 court-martial shall be designated by the adjutant general, or 
 the adjutant general's designee, for detail by the convening 
 authority.  A military judge may be detailed generally to act as 
 summary court officer. 

    Subd. 4.  No person is eligible to act as a military judge 
 in a case if that person is the accuser or a witness for the 
 prosecution or has acted as investigating officer or counsel in 
 the same case. 

    Subd. 5.  The military judge of a general or special 
 court-martial may not consult with the members of the court 
 except in the presence of the accused, trial counsel and defense 
 counsel, nor may the military judge vote with the members of the 
 court. 

    HIST: 1963 c 661 s 192A.15; 1978 c 552 s 15; 1986 c 444 

     192A.155 Detail of trial counsel and defense counsel. 

    Subdivision 1.  For each general and special court-martial 
 the authority convening the court shall detail trial counsel and 
 defense counsel, and such assistants as considered appropriate.  
 No person who has acted as investigating officer, military 
 judge, or court member in any case may act later as trial 
 counsel, assistant trial counsel, or, unless expressly requested 
 by the accused, as defense counsel or assistant defense counsel 
 in the same case.  No person who has acted for the prosecution 
 may act later in the same case for the defense, nor may any 
 person who has acted for the defense act later in the same case 
 for the prosecution. 

    Subd. 2.  Trial counsel or defense counsel detailed for 
 either a general court-martial or a special court-martial: 

    (1) Must be a person who is a member of the bar of the 
 highest court of the state, or a member of the bar of a federal 
 court; and 

    (2) Must be certified as competent to perform such duties 
 by the state judge advocate. 

    HIST: 1963 c 661 s 192A.155; 1978 c 552 s 16; 1986 c 444 

     192A.16 Detail or employment of reporters and 
  interpreters. 

    The convening authority of a general or special 
 court-martial or court of inquiry shall detail or employ 
 qualified court reporters, who shall record the proceedings of 
 and testimony taken before that court.  The convening authority 
 of a military court may detail or employ interpreters, as 
 necessary, who shall interpret for the court. 

    HIST: 1963 c 661 s 192A.16; 1978 c 552 s 17 

     192A.165 Absent and additional members. 

    Subdivision 1.  No member of a general or special 
 court-martial may be absent or excused after the court has been 
 assembled for the trial of the accused, except for physical 
 disability or as the result of a challenge or by order of the 
 convening authority for good cause. 

    Subd. 2.  A general court-martial, other than a general 
 court-martial composed of a military judge only, shall be 
 composed of at least five regular members and one alternate 
 member selected as described for regular members.  Whenever a 
 general court-martial is reduced below five members, the trial 
 may not proceed unless the convening authority details new 
 members sufficient in number to provide not less than five 
 members.  The trial may proceed with the new members present 
 after the recorded evidence previously introduced before the 
 members of the court has been read to the court in the presence 
 of the military judge, the accused, and counsel for both sides 
 and such procedure is consented to by the accused and defense 
 counsel.  If not consented to, the convening authority may order 
 a new trial. 

    Subd. 3.  A special court-martial, other than a special 
 court-martial consisting of a military judge only, shall be 
 composed of at least three regular members and one alternate 
 member selected as described for regular members.  Whenever a 
 special court-martial is reduced below three members, the trial 
 may not proceed unless the convening authority details new 
 members sufficient in number to provide not less than three 
 members.  The trial may proceed with the new members present 
 after the recorded evidence previously introduced before the 
 members of the court has been read to the court in the presence 
 of the military judge, the accused, and counsel for both sides 
 and such procedure is consented to by the accused and defense 
 counsel.  If not consented to, the convening authority may order 
 a new trial. 

    Subd. 4.  No person is eligible to act as a military judge 
 in a case if that person is the accuser, a witness for the 
 prosecution, a counsel, or has acted as investigating officer in 
 the same case. 

    HIST: 1963 c 661 s 192A.165; 1978 c 552 s 18; 1986 c 444 

     192A.17 Charges and specifications.  

    Subdivision 1.  Charges and specifications shall be signed 
 by a person subject to this code under oath before a person 
 authorized by this code to administer oaths and shall state: 

    (1) That the signer has personal knowledge of, or has 
 investigated, the matters set forth therein; and 

    (2) That they are true in fact to the best of the signer's 
 knowledge and belief.  

    Subd. 2.  Upon the preferring of charges the proper 
 authority shall take immediate steps to determine what 
 disposition should be made thereof in the interest of justice 
 and discipline, and the person accused shall be informed of the 
 charges as soon as practicable.  

    HIST: 1963 c 661 s 192A.17; 1986 c 444 

     192A.175 Compulsory self-incrimination prohibited.  

    Subdivision 1.  No person subject to this code may compel 
 any person to make self-incriminating statements or acts or to 
 answer any question the answer to which may tend to be 
 self-incriminating.  

    Subd. 2.  No person subject to this code may interrogate or 
 request any statement from an accused or a person suspected of 
 an offense without first informing that person: 

    (1) of the nature of the accusation; 

    (2) that no statement regarding the offense need be made; 
 and 

    (3) that any statement the person makes may be used as 
 evidence against the person in a trial by court-martial.  

    Subd. 3.  No person subject to this code may compel any 
 person to make a statement or produce evidence before any 
 military tribunal if the statement or evidence is not material 
 to the issue and may tend to be degrading.  

    Subd. 4.  No statement obtained from any person in 
 violation of this section, or through the use of coercion, 
 unlawful influence, or unlawful inducement may be received in 
 evidence against that person in a trial by court-martial.  

    HIST: 1963 c 661 s 192A.175; 1986 c 444 

     192A.18 Investigation. 

    Subdivision 1.  No charge or specification may be referred 
 to a general court-martial for trial until a thorough and 
 impartial investigation of all the matters set forth therein has 
 been made.  The convening authority shall request the unit's 
 judge advocate to appoint an investigating officer.  The 
 investigating officer shall be a member of the state military 
 forces.  This investigation shall include inquiry as to the 
 truth of the matter set forth in the charges, and consideration 
 of the form of charges. 

    Subd. 2.  The accused shall be advised of the charges and 
 of the right to be represented at that investigation by 
 counsel.  Upon the accused's request military counsel shall be 
 provided without cost, or, if the accused prefers, civilian 
 counsel of the accused's choice may be retained at the accused's 
 own expense.  At that investigation full opportunity shall be 
 given to the accused to cross examine adverse witnesses if they 
 are available and to present anything in the accused's behalf, 
 either in defense or mitigation, and the investigating officer 
 shall examine available witnesses requested by the accused.  If 
 the charges are forwarded after the investigation, they shall be 
 accompanied by a report containing the substance of the 
 testimony taken on both sides and a recommendation as to the 
 disposition which should be made of the case in the interest of 
 justice and discipline.  A copy thereof shall be given to the 
 accused. 

    Subd. 3.  If an investigation of the subject matter of an 
 offense has been conducted before the accused is charged with 
 the offense, and if the accused was present at the investigation 
 and afforded the opportunities for representation, cross 
 examination, and presentation prescribed in subdivision 2, no 
 further investigation of that charge is necessary under this 
 section unless it is demanded by the accused after being 
 informed of the charge.  A demand for further investigation 
 entitles the accused to recall witnesses for further cross 
 examination and to offer any new evidence in behalf of the 
 accused. 

    Subd. 4.  The requirements of this section are binding on 
 all persons administering this code but failure to follow them 
 does not divest a military court of jurisdiction. 

    HIST: 1963 c 661 s 192A.18; 1978 c 552 s 19,20; 1986 c 444 

     192A.185 Forwarding of charges.  

    When a person is held for trial by general court-martial 
 the commanding officer shall, within eight days after the 
 accused is ordered into arrest or confinement, if practicable, 
 forward the charges, together with the investigation and allied 
 papers, to the governor.  If that is not practicable, the 
 commanding officer shall report in writing to the governor the 
 reasons for delay.  

    HIST: 1963 c 661 s 192A.185; 1986 c 444 

     192A.19 Advice of state judge advocate and reference for 
  trial.  

    Subdivision 1.  Before directing the trial of any charge by 
 general court-martial, the convening authority shall refer it to 
 the state judge advocate for consideration and advice.  A charge 
 may not be referred to a general court-martial for trial unless 
 the convening authority has found that the charge alleges an 
 offense under this code and is warranted by evidence indicated 
 in the report of the investigation.  

    Subd. 2.  If the charges or specifications are not formally 
 correct or do not conform to the substance of the evidence 
 contained in the report of the investigating officer, formal 
 corrections, and such changes in the charges and specifications 
 as are needed to make them conform to the evidence, may be made. 

    HIST: 1963 c 661 s 192A.19; 1986 c 444 

     192A.195 Service of charges. 

    The trial counsel to whom court-martial charges are 
 referred for trial shall cause to be served upon the accused a 
 copy of the charges upon which trial is to be had.  In time of 
 peace no person may, over objection, be brought to trial, or be 
 required to participate either alone or with counsel in a 
 session called by a military judge under section 192A.215 in a 
 general court-martial case within a period of five days after 
 service of charges or in a special court-martial within a period 
 of three days after service of the charges. 

    HIST: 1963 c 661 s 192A.195; 1978 c 552 s 21; 1986 c 444 

     192A.20 Governor may prescribe rules.  

    The procedure, including modes of proof, in cases before 
 military courts and other military tribunals may be prescribed 
 by the governor by rules, which shall, so far as the governor 
 considers practicable, apply the principles of law and the rules 
 of evidence generally recognized in the trial of criminal cases 
 in the courts of the state, but which may not be contrary to or 
 inconsistent with this code.  

    HIST: 1963 c 661 s 192A.20; 1985 c 248 s 70; 1986 c 444 

     192A.205 Unlawfully influencing action of court. 

    Subdivision 1.  No authority convening a general, special, 
 or summary court-martial nor any other commanding officer may 
 censure, reprimand, or admonish the court or any member, 
 military judge or counsel thereof, with respect to the findings 
 or sentence adjudged by the court, or with respect to any other 
 exercise of functions in the conduct of the proceeding.  No 
 person subject to this code may attempt to coerce or, by any 
 unauthorized means, influence the action of the court-martial or 
 any other military tribunal or any member thereof, in reaching 
 the findings or sentence in any case, or the action of any 
 convening, approving, or reviewing authority with respect to 
 judicial acts.  The foregoing provisions of this subdivision 
 shall not apply with respect to (1) general instructional or 
 informational courses in military justice if such courses are 
 designed solely for the purpose of instructing members of a 
 command in the substantive and procedural aspects of 
 courts-martial, or (2) to statements and instructions given in 
 open court by the military judge or counsel. 

    Subd. 2.  In the preparation of an effectiveness, fitness, 
 or efficiency report or any other report or document used in 
 whole or in part for the purpose of determining whether a member 
 of the state military forces is qualified to be advanced in 
 grade, or in determining the assignment or transfer of such a 
 member or in determining whether such member should be retained 
 on any type of duty or status, no person subject to this code 
 may, in preparing any such report (1) consider or evaluate the 
 performance of duty of any such member as a member of a 
 court-martial, or (2) give a less favorable rating or evaluation 
 of any member because of the zeal with which such member, as 
 counsel, represented any accused before a court-martial.  This 
 section shall not apply to evaluations made by a judge advocate 
 on the performance of that judge advocate's own staff. 

    HIST: 1963 c 661 s 192A.205; 1978 c 552 s 22; 1986 c 444 

     192A.21 Duties of trial counsel and defense counsel. 

    Subdivision 1.  The trial counsel of a general or special 
 court-martial shall prosecute in the name of the state, and 
 shall, under the direction of the court, prepare the record of 
 the proceedings. 

    Subd. 2.  The accused has the right to be represented 
 before a general or special court-martial by civilian counsel if 
 provided by the accused, or by military defense counsel detailed 
 under section 192A.155.  Should the accused have civilian 
 counsel of the accused's own selection, the defense counsel, and 
 assistant defense counsel, if any, who were detailed shall, if 
 the accused so desires, act as associate defense counsel; 
 otherwise they shall be excused by the military judge. 

    Subd. 3.  In every court-martial proceeding, the defense 
 counsel may, in the event of conviction, forward for attachment 
 to the record of proceedings a brief of such matters the defense 
 counsel feels should be considered in behalf of the accused on 
 review, including any objection to the contents of the record 
 which that defense counsel considers appropriate. 

    Subd. 4.  An assistant trial counsel of a general 
 court-martial may, under the direction of the trial counsel or 
 when the assistant trial counsel is qualified to be a trial 
 counsel as required by section 192A.155, perform any duty 
 imposed by law, rule, or the custom of the service upon the 
 trial counsel of the court.  An assistant trial counsel of a 
 special court-martial may perform any duty of the trial counsel. 

    Subd. 5.  An assistant defense counsel of a general or 
 special court-martial may, under the direction of the defense 
 counsel or when the assistant defense counsel is qualified to be 
 the defense counsel as required by section 192A.155 perform any 
 duty imposed by law, rule, or the custom of the service upon 
 counsel for the accused. 

    HIST: 1963 c 661 s 192A.21; 1978 c 552 s 23; 1985 c 248 s 70; 
 1986 c 444 

     192A.215 Sessions. 

    Subdivision 1.  At any time after the service of charges 
 which have been referred for trial to a general or special 
 court-martial, the military judge may, subject to section 
 192A.20 of this code, call the court into session without the 
 presence of the members for the following purposes: 

    (1) Hearing and determining motions raising defenses or 
 objections which are capable of determination without trial of 
 the issues raised by a plea of not guilty; 

    (2) Hearing and ruling upon any matter which may be ruled 
 upon by the military judge under this code, whether or not the 
 matter is appropriate for later consideration or decision by 
 members of the court; 

    (3) If permitted by rules issued pursuant to this code, 
 holding the arraignment and receiving the pleas of the accused; 
 and 

    (4) Performing any other procedural function which may be 
 performed by the military judge under this code or under rules 
 prescribed pursuant to section 192A.20 of this code and which 
 does not require the presence of the members of the court. 

    Subd. 2.  The proceedings described in subdivision 1 shall 
 be conducted in the presence of the accused, the defense 
 counsel, and the trial counsel and shall be made a part of the 
 record. 

    Subd. 3.  When the members of a court-martial deliberate or 
 vote only the members may be present.  All other proceedings, 
 including any other consultation of the members of the court 
 with counsel or the military judge, shall be made a part of the 
 record and shall be in the presence of the accused, the defense 
 counsel, the trial counsel and the military judge. 

    HIST: 1963 c 661 s 192A.215; 1978 c 552 s 24; 1985 c 248 s 70 

     192A.22 Continuances. 

    A military judge detailed to a court-martial may, for 
 reasonable cause, grant a continuance to any party for such 
 time, and as often, as may appear to be just. 

    HIST: 1963 c 661 s 192A.22; 1978 c 552 s 25 

     192A.225 Challenges. 

    Subdivision 1.  The military judge and members of a general 
 or special court-martial may be challenged by the accused or the 
 trial counsel for cause stated to the court.  The military judge 
 shall determine the relevancy and validity of challenges for 
 cause, and may not receive a challenge to more than one person 
 at a time.  Challenges by the trial counsel shall ordinarily be 
 presented and decided before those by the accused are offered. 

    Subd. 2.  Each accused and the trial counsel is entitled to 
 one peremptory challenge, but the military judge may not be 
 challenged except for cause. 

    HIST: 1963 c 661 s 192A.225; 1978 c 552 s 26 

     192A.23 Oaths. 

    Subdivision 1.  Before performing their respective duties, 
 military judges, members of general and special courts-martial, 
 trial counsel, assistant trial counsel, defense counsel, 
 assistant defense counsel, reporters, and interpreters shall 
 take an oath to perform their duties faithfully.  The form of 
 the oath, the time and place of the taking thereof, the manner 
 of recording the same, and whether the oath shall be taken for 
 all cases in which these duties are to be performed or for a 
 particular case, shall be as prescribed in rules issued pursuant 
 to this code.  These rules may provide that an oath to perform 
 faithfully duties as a military judge, trial counsel, assistant 
 trial counsel, defense counsel, or assistant defense counsel may 
 be taken at any time by any judge advocate or other person 
 certified to be qualified or competent for the duty, and if such 
 oath is taken it need not again be taken at the time the judge 
 advocate or other person is detailed to that duty. 

    Subd. 2.  Each witness before a military court shall be 
 examined on oath or affirmation. 

    HIST: 1963 c 661 s 192A.23; 1978 c 552 s 27; 1985 c 248 s 70 

     192A.235 Statute of limitations.  

    Subdivision 1.  A person charged with desertion or absence 
 without leave in time of war, or with aiding the enemy or with 
 mutiny may be tried and punished at any time without limitation. 

    Subd. 2.  Except as otherwise provided in this section, a 
 person charged with desertion in time of peace or with the 
 offense punishable under section 192A.585 is not liable to be 
 tried by court-martial if the offense was committed more than 
 three years before the receipt of sworn charges and 
 specifications by an officer exercising summary court-martial 
 jurisdiction over the command.  

    Subd. 3.  Except as otherwise provided in this section, a 
 person charged with any offense is not liable to be tried by 
 court-martial or punished under section 192A.085 if the offense 
 was committed more than two years before the receipt of sworn 
 charges and specifications by an officer exercising summary 
 court-martial jurisdiction over the command or before the 
 imposition of punishment under section 192A.085.  

    Subd. 4.  Periods in which the accused was absent from 
 territory in which the state has the authority to apprehend the 
 accused, or in the custody of civil authorities, or in the hands 
 of the enemy, shall be excluded in computing the period of 
 limitation prescribed in this section.  

    HIST: 1963 c 661 s 192A.235; 1986 c 444 

     192A.24 Former jeopardy.  

    Subdivision 1.  No person may, without that person's 
 consent, be tried a second time in any military court of the 
 state for the same offense.  

    Subd. 2.  No proceeding in which an accused has been found 
 guilty by a court-martial upon any charge or specification is a 
 trial in the sense of this section until the finding of guilty 
 has become final after review of the case has been fully 
 completed.  

    Subd. 3.  A proceeding which, after the introduction of 
 evidence but before a finding, is dismissed or terminated by the 
 convening authority or on motion of the prosecution for failure 
 of available evidence or witnesses without any fault of the 
 accused is a trial in the sense of this section.  

    HIST: 1963 c 661 s 192A.24; 1986 c 444 

     192A.245 Pleas of the accused. 

    Subdivision 1.  If an accused after arraignment makes an 
 irregular pleading, or after a plea of guilty sets up matter 
 inconsistent with the plea, or if it appears that the accused 
 has entered the plea of guilty improvidently or through lack of 
 understanding of its meaning and effect, or if the accused fails 
 or refuses to plead, a plea of not guilty shall be entered in 
 the record, and the court shall proceed as though the accused 
 had pleaded not guilty. 

    Subd. 2.  With respect to any charge or specification to 
 which a plea of guilty has been made by the accused and accepted 
 by the military judge, a finding of guilty of the charge or 
 specification may, if permitted by rules issued pursuant to this 
 code, be entered immediately without vote. This finding shall 
 constitute the finding of the court unless the plea of guilty is 
 withdrawn prior to announcement of the sentence, in which event 
 the proceeding shall continue as though the accused had pleaded 
 not guilty. 

    HIST: 1963 c 661 s 192A.245; 1978 c 552 s 28; 1986 c 444 

     192A.25 Opportunity to obtain witnesses and other 
  evidence. 

    Subdivision 1.  The trial counsel, the defense counsel, and 
 the court-martial shall have equal opportunity to obtain 
 witnesses and other evidence in accordance with such rules as 
 the governor may prescribe. 

    Subd. 2.  The military judge of a court-martial may: 

    (1) Issue a warrant for the arrest of any accused person 
 who having been served with a warrant and a copy of the charges 
 disobeys a written order by the convening authority to appear 
 before the court; 

    (2) Issue subpoenas duces tecum and other subpoenas; 

    (3) Enforce by attachment the attendance of witnesses and 
 the production of books and papers; and 

    (4) Sentence for refusal to be sworn or to answer, as 
 provided in actions before civil courts of the state. 

    Subd. 3.  Process issued in court-martial cases to compel 
 witnesses to appear and testify and to compel the production of 
 other evidence shall run to any part of the state and shall be 
 executed by civil officers as prescribed by the laws of the 
 state. 

    HIST: 1963 c 661 s 192A.25; 1978 c 552 s 29; 1979 c 50 s 21; 
 1985 c 248 s 70 

     192A.255 Refusal to appear or testify. 

    Any person not subject to this code who: 

    (1) has been duly subpoenaed to appear as a witness or to 
 produce books and records before a military court or before any 
 military or civil officer designated to take a deposition to be 
 read in evidence before a court; 

    (2) has been duly paid or tendered the fees and mileage of 
 a witness at the rates allowed to witnesses attending the 
 district court of the state; and 

    (3) willfully neglects or refuses to appear, or refuses to 
 qualify as a witness or to testify or to produce any evidence 
 which that person has been legally subpoenaed to produce; 

    is guilty of an offense against the state and a military 
 court may punish that person in the same manner as the civil 
 courts of the state.  

    HIST: 1963 c 661 s 192A.255; 1983 c 247 s 81; 1986 c 444 

     192A.26 Contempts.  

    A military court may punish for contempt any person who 
 uses any menacing word, sign, or gesture in its presence, or who 
 disturbs its proceedings by any riot or disorder.  The 
 punishment may not exceed confinement for 30 days or a fine of 
 $100 or both.  

    HIST: 1963 c 661 s 192A.26 

     192A.265 Depositions. 

    Subdivision 1.  At any time after charges have been signed, 
 as provided in section 192A.17, any party may take oral or 
 written depositions unless the military judge or, in the event a 
 military judge has not been detailed to the case, an authority 
 competent to convene a court-martial for the trial of those 
 charges forbids it for good cause.  If a deposition is to be 
 taken before charges are referred for trial, such an authority 
 may designate commissioned officers to represent the prosecution 
 and the defense and may authorize those officers to take the 
 deposition of any witness. 

    Subd. 2.  The party at whose instance a deposition is to be 
 taken shall give to every other party reasonable written notice 
 of the time and place for taking the deposition. 

    Subd. 3.  Depositions may be taken before and authenticated 
 by any military or civil officer authorized by the laws of the 
 state or by the laws of the place where the deposition is taken 
 to administer oaths. 

    Subd. 4.  A duly authenticated deposition taken upon 
 reasonable notice to the other parties, so far as otherwise 
 admissible under the rules of evidence, may be read in evidence 
 before any court-martial or in any proceeding before a court of 
 inquiry, if it appears: 

    (1) That the witness resides or is beyond the state in 
 which the court-martial or court of inquiry is ordered to sit, 
 or beyond the distance of 100 miles from the place of trial or 
 hearing; 

    (2) That the witness by reason of death, age, sickness, 
 bodily infirmity, imprisonment, military necessity, 
 nonamenability to process, or other reasonable cause, is unable 
 or refuses to appear and testify in person at the place of trial 
 or hearing; or 

    (3) That the present whereabouts of the witness is unknown. 

    HIST: 1963 c 661 s 192A.265; 1978 c 552 s 30 

     192A.27 Admissibility of records of courts of inquiry.  

    Subdivision 1.  In any case not extending to the dismissal 
 of a commissioned officer, the sworn testimony contained in the 
 duly authenticated record of proceedings of a court of inquiry 
 of a person whose oral testimony cannot be obtained may, if 
 otherwise admissible under the rules of evidence, be read in 
 evidence by any party before a court-martial if the accused was 
 a party before the court of inquiry and if the same issue was 
 involved or if the accused consents to the introduction of such 
 evidence.  

    Subd. 2.  Such testimony may be read in evidence only by 
 the defense in cases extending to the dismissal of a 
 commissioned officer.  

    Subd. 3.  Such testimony may also be read in evidence 
 before a a court of inquiry or a military board.  

    HIST: 1963 c 661 s 192A.27 

     192A.275 Voting and rulings. 

    Subdivision 1.  Voting by members of a general or special 
 court-martial on the findings and on the sentence shall be by 
 secret written ballot.  The junior member of the court shall in 
 each case count the votes.  The count shall be checked by the 
 president, who shall forthwith announce the result of the ballot 
 to the members of the court. 

    Subd. 2.  The military judge of a general court-martial 
 shall rule upon all questions of law and all interlocutory 
 questions, arising during the proceedings.  Any such ruling made 
 by the military judge upon any question of law or any 
 interlocutory question other than the factual issue of mental 
 responsibility of the accused, is final and constitutes the 
 ruling of the court.  However, the military judge may change the 
 ruling at any time during the trial. Unless the ruling is final, 
 if any member objects thereto the court shall be cleared and 
 closed and the question decided by a voice vote as provided in 
 section 192A.28 beginning with the junior in rank. 

    Subd. 3.  Before a vote is taken on the findings, the 
 military judge of a court-martial shall, in the presence of the 
 accused and counsel, instruct the members of the court as to the 
 elements of the offense and charge them: 

    (1) That the accused must be presumed to be innocent until 
 guilt is established by legal and competent evidence beyond 
 reasonable doubt; 

    (2) That in the case being considered, if there is a 
 reasonable doubt as to the guilt of the accused, the doubt must 
 be resolved in favor of the accused and the accused must be 
 acquitted; 

    (3) That if there is a reasonable doubt as to the degree of 
 guilt the finding must be in a lower degree as to which there is 
 no reasonable doubt; and 

    (4) That the burden of proof of establishing the guilt of 
 the accused beyond reasonable doubt is upon the state. 

    Subd. 4.  Subdivisions 1, 2 and 3 do not apply to a 
 court-martial composed of a military judge only.  The military 
 judge of such a court-martial shall determine all questions of 
 law and fact arising during the proceedings and, if the accused 
 is convicted, adjudge an appropriate sentence.  The military 
 judge of such a court-martial shall make a general finding and 
 shall in addition on request find the facts specially.  If an 
 opinion or memorandum of decision is filed, it will be 
 sufficient if the findings of fact appear therein. 

    HIST: 1963 c 661 s 192A.275; 1978 c 552 s 31; 1986 c 444 

     192A.28 Number of votes required. 

    Subdivision 1.  No person may be convicted of an offense 
 except as provided in section 192A.245, subdivision 2, or by the 
 concurrence of two-thirds of the members present at the time the 
 vote is taken. 

    Subd. 2.  All sentences shall be determined by the 
 concurrence of two-thirds of the members present at the time 
 that the vote is taken. 

    Subd. 3.  All other questions to be decided by the members 
 of a general or special court-martial shall be determined by a 
 majority vote, but a determination to reconsider a finding of 
 guilty or to reconsider a sentence, with a view toward 
 decreasing it, may be made by any lesser vote which indicates 
 that the reconsideration is not opposed by the number of votes 
 required for that finding or sentence.  A tie vote on a 
 challenge disqualifies the member challenged.  A tie vote on a 
 motion for a finding of not guilty or on a motion relating to 
 the question of the accused's sanity is a determination against 
 the accused.  A tie vote on any other question is a 
 determination in favor of the accused. 

    HIST: 1963 c 661 s 192A.28; 1978 c 552 s 32 

     192A.285 Court to announce action.  

    A court-martial shall announce its findings and sentence to 
 the parties as soon as determined.  

    HIST: 1963 c 661 s 192A.285 

     192A.29 Record of trial. 

    Subdivision 1.  Each general and special court-martial 
 shall keep a verbatim record of the proceedings and testimony in 
 each case brought before it, and the record shall be 
 authenticated by the signature of the military judge.  If the 
 record cannot be authenticated by the military judge by reason 
 of the military judge's death, disability, or absence, it shall 
 be authenticated by the signature of the trial counsel or by 
 that of a member if the trial counsel is unable to authenticate 
 it by reason of the trial counsel's death, disability, or 
 absence.  In a court-martial consisting of only a military 
 judge, the record shall be authenticated by the court reporter 
 under the same conditions which would impose such a duty on a 
 member under this subdivision.  If the proceedings have resulted 
 in an acquittal of all charges and specifications or, if not 
 affecting an officer, in a sentence not including discharge and 
 not in excess of that which may otherwise be adjudged by a 
 special court-martial, the record shall contain such matters as 
 may be prescribed by rules of the governor.  A copy of the 
 record of the proceedings of each general and special 
 court-martial shall be given to the accused as soon as it is 
 authenticated. 

    Subd. 2.  Each summary court-martial shall keep a separate 
 record of the proceedings in each case, and the record shall 
 contain the matter and shall be authenticated in the manner 
 required by such rules as the governor may prescribe. 

    HIST: 1963 c 661 s 192A.29; 1978 c 552 s 33; 1985 c 248 s 70; 
 1986 c 444 

     192A.295 Cruel and unusual punishments prohibited.  

    Punishment by flogging, or by branding, marking, or 
 tattooing on the body, or any other cruel or unusual punishment, 
 may not be adjudged by any court-martial or inflicted upon any 
 person subject to this code.  The use of irons, single or 
 double, except for the purpose of safe custody, is prohibited.  

    HIST: 1963 c 661 s 192A.295 

     192A.30 Maximum limits.  

    The punishment which a court-martial may direct for an 
 offense may not exceed limits prescribed by this code.  

    HIST: 1963 c 661 s 192A.30 

     192A.305 Effective date of sentences. 

    Subdivision 1.  Whenever a sentence of a court-martial as 
 lawfully adjudged and approved includes a forfeiture of pay in 
 addition to confinement not suspended or deferred, the 
 forfeiture may apply to pay becoming due on or after the date 
 the sentence is approved by the convening authority. No 
 forfeiture may extend to any pay accrued before that date. 

    Subd. 2.  Any period of confinement included in a sentence 
 of a court-martial begins to run from the date the sentence is 
 adjudged by the court-martial but periods during which the 
 sentence to confinement is suspended or deferred shall be 
 excluded in computing the service of the term of confinement.  
 Rules prescribed by the governor may provide that sentences of 
 confinement may not be executed until approved by designated 
 officers. 

    Subd. 3.  All other sentences of courts-martial are 
 effective on the date ordered executed. 

    Subd. 4.  On application by an accused who is under 
 sentence to confinement that has not been ordered executed, the 
 convening authority or, if the accused is no longer under the 
 convening authority's jurisdiction, the officer exercising 
 similar court-martial convening authority over the command to 
 which the accused is currently assigned, may in the convening 
 authority's sole discretion defer service of a sentence to 
 confinement.  The deferment shall terminate when the sentence is 
 ordered executed.  The deferment may be rescinded at any time by 
 the officer who granted it or, if the accused is no longer under 
 that officer's jurisdiction, by the officer exercising similar 
 court-martial jurisdiction over the command to which the accused 
 is currently assigned. 

    HIST: 1963 c 661 s 192A.305; 1978 c 552 s 34; 1985 c 248 s 70; 
 1986 c 444 

     192A.31 Execution of confinement.  

    Subdivision 1.  A sentence of confinement adjudged by a 
 military court, whether or not the sentence includes discharge 
 or dismissal, and whether or not the discharge or dismissal has 
 been executed, may be carried into execution by confinement in 
 any place of confinement under the control of any of the forces 
 of the state military forces or in any jail, penitentiary, or 
 prison designated for that purpose.  Persons so confined in a 
 jail, penitentiary, or prison are subject to the same discipline 
 and treatment as persons confined or committed to the jail, 
 penitentiary, or prison by the courts of the state or of any 
 political subdivision thereof.  

    Subd. 2.  The omission of the words "hard labor" from any 
 sentence or punishment of a court-martial adjudging confinement 
 does not deprive the authority executing that sentence or 
 punishment of the power to require hard labor as a part of the 
 punishment.  

    Subd. 3.  The keepers, officers, and wardens of city or 
 county jails and of other jails, penitentiaries, or prisons 
 designated by the governor, or by such persons as the governor 
 may authorize to act under section 192A.065, shall receive 
 persons ordered into confinement before trial and persons 
 committed to confinement by a military court and shall confine 
 them according to law.  No such keeper, officer, or warden may 
 require payment of any fee or charge for so receiving or 
 confining a person, except as provided by law.  

    HIST: 1963 c 661 s 192A.31; 1986 c 444 

     192A.315 Execution of sentence; suspension or deferment 
  of sentence. 

    Except as provided in sections 192A.12 and 192A.345 a 
 court-martial sentence, unless suspended, may be ordered 
 executed by the convening authority when it is approved.  The 
 convening authority shall approve the sentence or such part, 
 amount, or commuted form of the sentence as the convening 
 authority sees fit and may suspend or defer the execution of the 
 sentence as approved by the convening authority. 

    HIST: 1963 c 661 s 192A.315; 1978 c 552 s 35; 1986 c 444 

     192A.32 Initial action on the record.  

    After a trial by court-martial the record shall be 
 forwarded to the convening authority, as reviewing authority, 
 and action thereon may be taken by the person who convened the 
 court, a commissioned officer commanding for the time being, a 
 successor in command, or by the governor.  

    HIST: 1963 c 661 s 192A.32 

     192A.325 General court-martial records. 

    The convening authority shall refer the record of each 
 general court-martial to the state judge advocate, who shall 
 submit a written opinion thereon to the convening authority. If 
 the final action of the court has resulted in an acquittal of 
 all charges and specifications, the opinion shall be limited to 
 questions of jurisdiction.  

    HIST: 1963 c 661 s 192A.325; 1984 c 642 s 4; 1986 c 444 

     192A.33 Reconsideration and revision.  

    Subdivision 1.  If a specification before a court-martial 
 has been dismissed on motion and the ruling does not amount to a 
 finding of not guilty, the convening authority may return the 
 record to the court for reconsideration of the ruling and any 
 further appropriate action.  

    Subd. 2.  Where there is an apparent error or omission in 
 the record or where the record shows improper or inconsistent 
 action by a court-martial with respect to a finding or sentence 
 which can be rectified without material prejudice to the 
 substantial rights of the accused, the convening authority may 
 return the record to the court for appropriate action.  In no 
 case, however, may the record be returned: 

    (1) For reconsideration of a finding of not guilty, or a 
 ruling which amounts to a finding of not guilty; 

    (2) For reconsideration of a finding of not guilty of any 
 charge, unless the record shows a finding of guilty under a 
 specification laid under that charge, which sufficiently alleges 
 a violation of some section of this code; or 

    (3) For increasing the severity of the sentence unless the 
 sentence prescribed for the offense is mandatory.  

    HIST: 1963 c 661 s 192A.33 

     192A.335 Rehearings.  

    Subdivision 1.  If the convening authority disapproves the 
 findings and sentence of a court-martial the convening authority 
 may, except where there is lack of sufficient evidence in the 
 record to support the findings, order a rehearing.  In such a 
 case the convening authority shall state the reasons for 
 disapproval. If the findings and sentence are disapproved and a 
 rehearing is not ordered, the charges shall be dismissed by the 
 convening authority.  

    Subd. 2.  Each rehearing shall take place before a 
 court-martial composed of members not members of the 
 court-martial which first heard the case.  Upon a rehearing the 
 accused may not be tried for any offense of which the accused 
 was found not guilty by the first court-martial, and no sentence 
 in excess of or more severe than the original sentence may be 
 imposed, unless the sentence is based upon a finding of guilty 
 of an offense not considered upon the merits in the original 
 proceedings, or unless the sentence prescribed for the offense 
 is mandatory.  

    HIST: 1963 c 661 s 192A.335; 1986 c 444 

     192A.34 Approval by the convening authority.  

    In acting on the findings and sentence of a court-martial 
 the convening authority may approve only such findings of 
 guilty, and the sentence or such part or amount of the sentence, 
 as found to be correct in law and fact and as in the discretion 
 of the commanding authority is determined to be approved.  
 Unless indicated otherwise, approval of the sentence is approval 
 of the findings and sentence.  

    HIST: 1963 c 661 s 192A.34; 1986 c 444 

     192A.345 Review of records; disposition. 

    Subdivision 1. Repealed, 1984 c 642 s 9 

    Subd. 2.  The entire record of all court-martial 
 proceedings shall be sent to the appropriate staff judge 
 advocate of the state force concerned to be reviewed as may be 
 prescribed under rules prescribed by the governor in the same 
 manner as a record of trial by general court-martial.  The 
 record and the opinion of the staff judge advocate shall then be 
 sent to the state judge advocate for review. 

    Subd. 3. Repealed, 1984 c 642 s 9 

    Subd. 4.  The state judge advocate shall review the record 
 of trial in each case sent as provided under subdivision 2.  If 
 the final action of the court-martial has resulted in an 
 acquittal of all charges and specifications, the opinion of the 
 state judge advocate is limited to questions of jurisdiction. 

    Subd. 5.  The state judge advocate shall take final action 
 in any case reviewable by the state judge advocate. 

    Subd. 6.  In a case reviewable by the state judge advocate 
 under this section, the state judge advocate may act only with 
 respect to the findings and sentence as approved by the 
 convening authority.  The state judge advocate may affirm only 
 such findings of guilty, and the sentence or such part or amount 
 of the sentence, as the state judge advocate finds correct in 
 law and fact and determines, on the basis of the entire record, 
 should be approved.  In considering the record, the state judge 
 advocate may weigh the evidence, judge the credibility of 
 witnesses, and determine controverted questions of fact, 
 recognizing that the trial court saw and heard the witnesses.  
 On setting aside the findings and sentence, except where the 
 setting aside is based on lack of sufficient evidence in the 
 record to support the findings, the state judge advocate may 
 order a rehearing.  On setting aside the findings and sentence 
 without ordering a rehearing, the state judge advocate shall 
 order that the charges be dismissed. 

    Subd. 7.  In a case reviewable by the state judge advocate 
 under this section, the state judge advocate shall instruct the 
 convening authority to act in accordance with the state judge 
 advocate's decision on the review.  If the state judge advocate 
 has ordered a rehearing but the convening authority finds a 
 rehearing impracticable, the charges may be dismissed by the 
 convening authority. 

    Subd. 8.  The state judge advocate may, and if requested by 
 the accused, shall order one or more courts of military review 
 each composed of not less than three commissioned officers of 
 the state military forces, active or retired, each of whom must 
 be a member of the bar of the highest court of the state and 
 shall have served not less than three years as a judge 
 advocate.  Each court of military review shall review the record 
 of any trial by court-martial referred to it by the state judge 
 advocate which referral shall be made if requested by the 
 accused.  Courts of military review have the same authority on 
 review as the state judge advocate has under this section. 

    HIST: 1963 c 661 s 192A.345; 1978 c 552 s 36,37; 1984 c 642 s 
 5,6; 1985 c 248 s 70; 1986 c 444 

     192A.35 Error of law; lesser included offense.  

    Subdivision 1.  A finding or sentence of a court-martial 
 may not be held incorrect on the ground of an error of law 
 unless the error materially prejudices the substantial rights of 
 the accused.  

    Subd. 2.  Any reviewing authority with the power to approve 
 or affirm a finding of guilty may approve or affirm so much of 
 the finding as includes a lesser included offense.  

    HIST: 1963 c 661 s 192A.35 

     192A.355 Review counsel. 

    Subdivision 1.  Upon the final review of a sentence of a 
 general court-martial or of a sentence to a bad conduct 
 discharge, the accused has the right to be represented by 
 counsel before the reviewing authority, before the staff judge 
 advocate and before the state judge advocate. 

    Subd. 2.  Upon the request of an accused entitled to be so 
 represented, the state judge advocate shall appoint a lawyer who 
 is a member of the state military forces and who has the 
 qualifications prescribed in section 192A.155, to represent the 
 accused before the reviewing authority, before the staff judge 
 advocate and before the state judge advocate, in the review of 
 cases specified in subdivision 1. 

    Subd. 3.  An accused entitled to be so represented may be 
 represented by civilian counsel before the reviewing authority, 
 before the staff judge advocate and before the state judge 
 advocate if the counsel is provided by the accused. 

    HIST: 1963 c 661 s 192A.355; 1978 c 552 s 38; 1986 c 444 

     192A.36 Vacation of suspension.  

    Subdivision 1.  Before the vacation of the suspension of a 
 special court-martial sentence which as approved includes a bad 
 conduct discharge, or of any general court-martial sentence, the 
 officer having special court-martial jurisdiction over the 
 probationer shall hold a hearing on the alleged violation of 
 probation.  The probationer shall be represented at the hearing 
 by counsel if the probationer so desires.  

    Subd. 2.  The record of the hearing and the recommendation 
 of the officer having special court-martial jurisdiction shall 
 be sent for action to the governor in cases involving a general 
 court-martial sentence and to the commanding officer of the 
 force of the state military forces of which the probationer is a 
 member in all other cases covered by subdivision 1.  If the 
 governor or commanding officer vacates the suspension, any 
 unexecuted part of the sentence except a dismissal shall be 
 executed.  

    Subd. 3.  The suspension of any other sentence may be 
 vacated by any authority competent to convene, for the command 
 in which the accused is serving or assigned, a court of the kind 
 that imposed the sentence.  

    HIST: 1963 c 661 s 192A.36; 1986 c 444 

     192A.365 Petition for a new trial.  

    At any time within two years after approval by the 
 convening authority of a court-martial sentence which extends to 
 dismissal, dishonorable or bad conduct discharge, the accused 
 may petition the governor for a new trial on ground of newly 
 discovered evidence or fraud on the court-martial.  

    HIST: 1963 c 661 s 192A.365 

     192A.37 Remission and suspension.  

    Subdivision 1.  A convening authority may remit or suspend 
 any part or amount of the unexecuted part of any sentence, 
 including all uncollected forfeitures.  

    Subd. 2.  The governor may, for good cause, substitute an 
 administrative form of discharge for a discharge or dismissal 
 executed in accordance with the sentence of a court-martial.  

    HIST: 1963 c 661 s 192A.37 

     192A.375 Restoration.  

    Subdivision 1.  Under such rules as the governor may 
 prescribe, all rights, privileges, and property affected by an 
 executed part of a court-martial sentence which has been set 
 aside or disapproved, except an executed dismissal or discharge, 
 shall be restored unless a new trial or rehearing is ordered and 
 such executed part is included in a sentence imposed upon a new 
 trial or rehearing.  

    Subd. 2.  If a previously executed sentence of dishonorable 
 or bad conduct discharge is not imposed on a new trial, the 
 governor shall substitute therefor a form of discharge 
 authorized for administrative issuance unless the accused is to 
 serve out the remainder of the accused's enlistment.  

    Subd. 3.  If a previously executed sentence of dismissal is 
 not imposed on a new trial, the governor shall substitute 
 therefor a form of discharge authorized for administrative 
 issue, and the commissioned officer dismissed by that sentence 
 may be reappointed by the governor alone to such commissioned 
 grade and with such rank as in the opinion of the governor that 
 former officer would have attained had the officer not been 
 dismissed.  The reappointment of such a former officer may be 
 made if a position vacancy is available under applicable tables 
 of organization.  All time between the dismissal and 
 reappointment shall be considered as service for all purposes.  

    HIST: 1963 c 661 s 192A.375; 1985 c 248 s 70; 1986 c 444 

     192A.38 Finality of proceedings, findings, and sentences.

    The proceedings, findings, and sentences of courts-martial 
 as reviewed and approved, as required by this code, and all 
 dismissals and discharges carried into execution under sentences 
 by courts-martial following review and approval, as required by 
 this code, are final and conclusive.  Orders publishing the 
 proceedings of courts-martial and all action taken pursuant to 
 those proceedings are binding upon all departments, courts, 
 agencies, and officers of the state, subject only to action upon 
 a petition for a new trial as provided in section 192A.365.  

    HIST: 1963 c 661 s 192A.38 

     192A.384 Offenses subject to court-martial. 

    The jurisdiction of courts-martial shall be limited to 
 violations of the punitive articles in this code.  Any person 
 subject to this code who is charged with the commission of an 
 offense which is not a military offense under this code may be 
 surrendered to civil authorities for process in accordance with 
 civil law. 

    HIST: 1978 c 552 s 45 

     192A.385 Persons to be tried or punished.  

    No person may be tried or punished for any offense provided 
 for in sections 192A.39 to 192A.605 unless it was committed 
 while that person was in a duty status.  

    HIST: 1963 c 661 s 192A.385; 1986 c 444 

     192A.39 Principals.  

    Any person subject to this code who: 

    (1) Commits an offense punishable by this code, or aids, 
 abets, counsels, commands, or procures its commission; or 

    (2) Causes an act to be done which if directly performed by 
 that person would be punishable by this code; 

 is a principal. 

    HIST: 1963 c 661 s 192A.39; 1986 c 444 

     192A.395 Accessory after the fact.  

    Any person subject to this code who, knowing that an 
 offense punishable by this code has been committed, receives, 
 comforts, or assists the offender in order to hinder or prevent 
 the offender's apprehension, trial, or punishment shall be 
 punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.395; 1986 c 444 

     192A.40 Conviction of lesser included offense.  

    An accused may be found guilty of an offense necessarily 
 included in the offense charged or of an attempt to commit 
 either the offense charged or an offense necessarily included 
 therein.  

    HIST: 1963 c 661 s 192A.40 

     192A.405 Attempts.  

    Subdivision 1.  An act, done with specific intent to commit 
 an offense under this code, amounting to more than mere 
 preparation and tending, even though failing to effect its 
 commission, is an attempt to commit that offense.  

    Subd. 2.  Any person subject to this code who attempts to 
 commit any offense punishable by this code shall be punished as 
 a court-martial may direct, unless otherwise specifically 
 prescribed.  

    Subd. 3.  Any person subject to this code may be convicted 
 of an attempt to commit an offense although it appears on the 
 trial that the offense was consummated.  

    HIST: 1963 c 661 s 192A.405 

     192A.41 Conspiracy.  

    Any person subject to this code who conspires with any 
 other person to commit an offense under this code shall, if one 
 or more of the conspirators does an act to effect the object of 
 the conspiracy, be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.41 

     192A.415 Solicitation.  

    Subdivision 1.  Any person subject to this code who 
 solicits or advises another or others to desert in violation of 
 section 192A.43 or mutiny in violation of section 192A.475 
 shall, if the offense solicited or advised is attempted or 
 committed, be punished with the punishment provided for the 
 commission of the offense, but if the offense solicited or 
 advised is not committed or attempted the person shall be 
 punished as a court-martial may direct. 

    Subd. 2.  Any person subject to this code who solicits or 
 advises another or others to commit an act of misbehavior before 
 the enemy in violation of section 192A.50 or sedition in 
 violation of section 192A.475 shall, if the offense solicited or 
 advised is committed, be punished with the punishment provided 
 for the commission of the offense, but if the offense solicited 
 or advised is not committed the person shall be punished as a 
 court-martial may direct.  

    HIST: 1963 c 661 s 192A.415; 1986 c 444 

     192A.42 Fraudulent enlistment, appointment, or 
  separation.  

    Any person who: 

    (1) Procures that person's own enlistment or appointment in 
 the state military forces by knowingly false representation or 
 deliberate concealment as to that person's qualifications for 
 that enlistment or appointment and receives pay or allowances 
 thereunder; or 

    (2) Procures that person's own separation from the state 
 military forces by knowingly false representation or deliberate 
 concealment as to that person's eligibility for that separation; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.42; 1986 c 444 

     192A.425 Unlawful enlistment, appointment, or separation.

    Any person subject to this code who effects an enlistment 
 or appointment in or a separation from the state military forces 
 of any person who is known to that person to be ineligible for 
 that enlistment, appointment, or separation because it is 
 prohibited by law, rule, or order shall be punished as a 
 court-martial may direct.  

    HIST: 1963 c 661 s 192A.425; 1985 c 248 s 70; 1986 c 444 

     192A.43 Desertion.  

    Subdivision 1.  Any member of the state military forces who:

    (1) Without authority goes or remains absent from that 
 member's unit, organization, or place of duty with intent to 
 remain away therefrom permanently; 

    (2) Quits that member's unit, organization, or place of 
 duty with intent to avoid hazardous duty or to shirk important 
 service; or 

    (3) Without being regularly separated from one of the state 
 military forces enlists or accepts an appointment in the same or 
 another one of the state military forces, or in one of the armed 
 forces of the United States, without fully disclosing the fact 
 that that member has not been regularly separated; 

 is guilty of desertion. 

    Subd. 2.  Any commissioned officer of the state military 
 forces who, after tender of the officer's resignation and before 
 notice of its acceptance, quits the post or proper duties 
 without leave and with intent to remain away therefrom 
 permanently is guilty of desertion.  

    Subd. 3.  Any person found guilty of desertion or attempt 
 to desert shall be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.43; 1986 c 444 

     192A.435 Absence without leave.  

    Any person subject to this code who, without authority: 

    (1) Fails to go to that person's appointed place of duty at 
 the time prescribed; 

    (2) Goes from that place; or 

    (3)  Is absent or remains absent from an assigned unit, 
 organization, or place of duty at which the person is required 
 to be at the time prescribed; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.435; 1986 c 444 

     192A.44 Missing movement.  

    Any person subject to this code who through neglect or 
 design misses the movement of a ship, aircraft, or unit with 
 which the person is required in the course of duty to move shall 
 be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.44; 1986 c 444 

     192A.445 Contempt towards officials.  

    Any person subject to this code who uses contemptuous words 
 against the president, the governor, or the governor of any 
 other state, territory, commonwealth, or possession in which 
 that person may be serving shall be punished as a court-martial 
 may direct.  

    HIST: 1963 c 661 s 192A.445 

     192A.45 Disrespect towards superior commissioned officer.

    Any person subject to this code who behaves with disrespect 
 towards that person's superior commissioned officer shall be 
 punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.45; 1986 c 444 

     192A.455 Assaulting or willfully disobeying superior 
  commissioned officer.  

    Any person subject to this code who: 

    (1) Strikes that person's superior commissioned officer or 
 draws or lifts up any weapon or offers any violence against that 
 superior commissioned officer while that officer is in the 
 execution of official duties; or 

    (2) Willfully disobeys a lawful command of that person's 
 superior commissioned officer; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.455; 1986 c 444 

     192A.46 Insubordinate conduct toward warrant officer, 
  noncommissioned officer, or petty officer.  

    Any warrant officer or enlisted member who: 

    (1) Strikes or assaults a warrant officer, noncommissioned 
 officer, or petty officer while that officer is in the execution 
 of official duties; 

    (2) Willfully disobeys the lawful order of a warrant 
 officer, noncommissioned officer, or petty officer; or 

    (3) Treats with contempt or is disrespectful in language or 
 deportment toward a warrant officer, noncommissioned officer, or 
 petty officer while that officer is in the execution of official 
 duties; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.46; 1986 c 444 

     192A.465 Failure to obey order or rule. 

    Any person subject to this code who: 

    (1) Violates or fails to obey any lawful general order or 
 rule; 

    (2) Having knowledge of any other lawful order issued by a 
 member of the state military forces which it is the person's 
 duty to obey, fails to obey the order; or 

    (3) Is derelict in the performance of duties; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.465; 1985 c 248 s 70; 1986 c 444 

     192A.47 Cruelty and maltreatment. 

    Any person subject to this code who acts cruelly, 
 oppressively or maltreats any person subject to the person's 
 orders shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.47; 1978 c 552 s 39; 1986 c 444 

     192A.475 Mutiny or sedition.  

    Subdivision 1.  Any person subject to this code who: 

    (1) With intent to usurp or override lawful military 
 authority refuses, in concert with any other person, to obey 
 orders or otherwise do that person's duty or creates any 
 violence or disturbance is guilty of mutiny; 

    (2) With intent to cause the overthrow or destruction of 
 lawful civil authority, creates, in concert with any other 
 person, revolt, violence, or other disturbance against that 
 authority is guilty of sedition; 

    (3) Fails to do the utmost to prevent and suppress a mutiny 
 or sedition being committed in that person's presence, or fails 
 to take all reasonable means to inform a superior commissioned 
 officer or commanding officer of a mutiny or sedition which that 
 person knows or has reason to believe is taking place is guilty 
 of a failure to suppress or report a mutiny or sedition.  

    Subd. 2.  A person who is found guilty of attempted mutiny, 
 mutiny, sedition, or failure to suppress or report a mutiny or 
 sedition shall be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.475; 1986 c 444 

     192A.48 Resistance, breach of arrest, and escape.  

    Any person subject to this code who resists apprehension or 
 breaks arrest or who escapes from physical restraint lawfully 
 imposed shall be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.48 

     192A.485 Releasing prisoner without proper authority.  

    Any person subject to this code who, without proper 
 authority, releases any prisoner committed to that person's 
 charge, or who through neglect or design suffers any such 
 prisoner to escape, shall be punished as a court-martial may 
 direct, whether or not the prisoner was committed in strict 
 compliance with law.  

    HIST: 1963 c 661 s 192A.485; 1986 c 444 

     192A.49 Unlawful detention of another.  

    Any person subject to this code who, except as provided by 
 law or rule, apprehends, arrests, or confines any person shall 
 be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.49; 1985 c 248 s 70 

     192A.495 Noncompliance with procedural rules.  

    Any person subject to this code who: 

    (1) Is responsible for unnecessary delay in the disposition 
 of any case of a person accused of an offense under this code; 
 or 

    (2) Knowingly and intentionally fails to enforce or comply 
 with any provision of this code regulating the proceedings 
 before, during, or after trial of an accused; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.495 

     192A.50 Misbehavior before the enemy.  

    Any person subject to this code who before or in the 
 presence of the enemy: 

    (1) Runs away; 

    (2) Shamefully abandons, surrenders, or delivers up any 
 command, unit, place, or military property which it is the 
 person's duty to defend; 

    (3) Through disobedience, neglect, or intentional 
 misconduct endangers the safety of any such command, unit, 
 place, or military property; 

    (4) Casts away the person's arms or ammunition; 

    (5) Is guilty of cowardly conduct; 

    (6) Quits a place of duty to plunder or pillage; 

    (7) Causes false alarms in any command, unit, or place 
 under control of the armed forces of the United States or the 
 state military forces; 

    (8) Willfully fails to do the utmost to encounter, engage, 
 capture, or destroy any enemy troops, combatants, vessels, 
 aircraft, or any other thing which it is that person's duty so 
 to encounter, engage, capture, or destroy; or 

    (9) Does not afford all practicable relief and assistance 
 to any troops, combatants, vessels, or aircraft of the armed 
 forces belonging to the United States or their allies, to the 
 state, or to any other state, when engaged in battle; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.50; 1986 c 444 

     192A.505 Subordinate compelling surrender.  

    Any person subject to this code who compels or attempts to 
 compel the commander of any of the state military forces of the 
 state, or of any other state, to give it up to an enemy or to 
 abandon it, or who strikes the colors or flag to an enemy 
 without proper authority shall be punished as a court-martial 
 may direct.  

    HIST: 1963 c 661 s 192A.505 

     192A.51 Improper use of countersign.  

    Any person subject to this code who in time of war 
 discloses the parole or countersign to any person not entitled 
 to receive it, or who gives to another who is entitled to 
 receive and use the parole or countersign a different parole or 
 countersign from that which, to that person's knowledge, the 
 person was authorized and required to give, shall be punished as 
 a court-martial may direct.  

    HIST: 1963 c 661 s 192A.51; 1986 c 444 

     192A.515 Forcing a safeguard.  

    Any person subject to this code who forces a safeguard 
 shall be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.515 

     192A.52 Captured or abandoned property.  

    Subdivision 1.  All persons subject to this code shall 
 secure all public property taken from the enemy for the service 
 of the United States, and shall give notice and turn over to the 
 proper authority without delay all captured or abandoned 
 property in their possession, custody, or control.  

    Subd. 2.  Any person subject to this code who: 

    (1) Fails to carry out the duties prescribed in subdivision 
 1; 

    (2) Buys, sells, trades, or in any way deals in or disposes 
 of captured or abandoned property, whereby that person receives 
 or expects any profit, benefit, or advantage personally or to 
 another directly or indirectly connected with that person; or 

    (3) Engages in looting or pillaging; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.52; 1986 c 444 

     192A.525 Aiding the enemy.  

    Any person subject to this code who: 

    (1) Aids, or attempts to aid, the enemy with arms, 
 ammunition, supplies, money, or other things; or 

    (2) Without proper authority, knowingly harbors or protects 
 or gives intelligence to, or communicates or corresponds with or 
 holds any intercourse with the enemy, either directly or 
 indirectly; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.525 

     192A.53 Misconduct of a prisoner.  

    Any person subject to this code who, while in the hands of 
 the enemy in time of war: 

    (1) For the purpose of securing favorable treatment by that 
 person's captors acts without proper authority in a manner 
 contrary to law, custom, or rule, to the detriment of others of 
 whatever nationality held by the enemy as civilian or military 
 prisoners; or 

    (2) While in a position of authority over such persons 
 maltreats them without justifiable cause; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.53; 1985 c 248 s 70; 1986 c 444 

     192A.535 False official statements.  

    Any person subject to this code who, with intent to 
 deceive, signs any false record, return, rule, order, or other 
 official document, knowing it to be false, or makes any other 
 false official statement knowing it to be false, shall be 
 punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.535; 1985 c 248 s 70 

     192A.54 Military property; loss, damage, destruction, or 
  wrongful disposition.  

    Any person subject to this code who, without proper 
 authority: 

    (1) Sells or otherwise disposes of; 

    (2) Willfully or through neglect damages, destroys, or 
 loses; or 

    (3) Willfully or through neglect suffers to be damaged, 
 destroyed, sold, or wrongfully disposed of; 

 any military property of the United States or of the state shall 
 be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.54 

     192A.545 Property other than military property; waste, 
  spoilage, or destruction.  

    Any person subject to this code who, while in a duty 
 status, willfully or recklessly wastes, spoils, or otherwise 
 willfully and wrongfully destroys or damages any property other 
 than military property of the United States or of the state 
 shall be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.545 

     192A.55 Improper hazarding of vessel.  

    Subdivision 1.  Any person subject to this code who 
 willfully and wrongfully hazards or suffers to be hazarded any 
 vessel of the armed forces of the United States or of the state 
 military forces shall be punished as a court-martial may direct. 

    Subd. 2.  Any person subject to this code who negligently 
 hazards or suffers to be hazarded any vessel of the armed forces 
 of the United States or of the state military forces shall be 
 punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.55 

     192A.555 Drunken or reckless driving. 

    Any person subject to this code who drives, operates or is 
 in actual physical control of any vehicle or aircraft while 
 under the influence of an alcoholic beverage or narcotic drug or 
 a combination thereof or whose blood contains 0.10 percent or 
 more by weight of alcohol or who operates said vehicle or 
 aircraft in a reckless or wanton manner, shall be punished as a 
 court-martial may direct.  Chemical and other tests for 
 intoxication shall be made only in accordance with rules issued 
 under this code. 

    HIST: 1963 c 661 s 192A.555; 1978 c 552 s 40; 1979 c 50 s 22; 
 1985 c 248 s 70 

     192A.56 Drunk on duty; sleeping on post; leaving post 
  before relief.  

    Any person subject to this code who is found drunk on duty 
 or sleeping upon an assigned post, or who leaves that post 
 before being regularly relieved, shall be punished as a 
 court-martial may direct.  

    HIST: 1963 c 661 s 192A.56; 1986 c 444 

  192A.565 Repealed, 1978 c 552 s 48 

     192A.57 Malingering.  

    Any person subject to this code who for the purpose of 
 avoiding work, duty, or service in the state military forces: 

    (1) Feigns illness, physical disablement, mental lapse, or 
 derangement; or 

    (2) Intentionally inflicts self injury; 

 shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.57 

     192A.575 Riot or breach of peace.  

    Any person subject to this code who causes or participates 
 in any riot or breach of the peace shall be punished as a 
 court-martial may direct.  

    HIST: 1963 c 661 s 192A.575 

     192A.58 Provoking speeches or gestures.  

    Any person subject to this code who uses provoking or 
 reproachful words or gestures towards any other person subject 
 to this code shall be punished as a court-martial may direct.  

    HIST: 1963 c 661 s 192A.58 

     192A.585 Perjury. 

    Any person subject to this code who willfully gives false 
 testimony under oath in the course of a judicial proceeding on 
 the issue under inquiry shall be punished as a court-martial may 
 direct. 

    HIST: 1963 c 661 s 192A.585; 1978 c 552 s 41 

     192A.59 Frauds against the government.  

    Any person subject to this code: 

    (1) Who, knowing it to be false or fraudulent 

    (a) makes any claim against the United States, the state, 
 or any officer thereof; or 

    (b) presents to any person in the civil or military service 
 thereof, for approval or payment, any claim against the United 
 States, the state, or any officer thereof; 

    (2) Who, for the purpose of obtaining the approval, 
 allowance, or payment of any claim against the United States, 
 the state, or any officer thereof 

    (a) makes or uses any writing or other paper knowing it to 
 contain any false or fraudulent statements; 

    (b) makes any oath to any fact or to any writing or other 
 paper knowing the oath to be false; or 

    (c) forges or counterfeits any signature upon any writing 
 or other paper, or uses any such signature knowing it to be 
 forged or counterfeited; 

    (3) Who, having charge, possession, custody, or control of 
 any money or other property of the United States or the state 
 furnished or intended for the armed forces of the United States 
 or the state military forces, knowingly delivers to any person 
 having authority to receive it any amount thereof less than that 
 for which that person receives a certificate or receipt; or 

    (4) Who, being authorized to make or deliver any paper 
 certifying the receipt of any property of the United States or 
 the state furnished or intended for the armed forces of the 
 United States or the state military forces, makes or delivers to 
 any person such writing without having full knowledge of the 
 truth of the statements therein contained and with intent to 
 defraud the United States or the state; 

 shall, upon conviction, be punished as a court-martial may 
 direct.  

    HIST: 1963 c 661 s 192A.59; 1986 c 444 

     192A.595 Larceny and wrongful appropriation. 

    Subdivision 1.  Any person subject to this code who 
 wrongfully takes, obtains, or withholds, by any means, from the 
 possession of the owner or of any other person or from the state 
 or United States any money, personal property, or article of 
 value of any kind: 

    (1) With intent permanently to deprive or defraud another 
 person or the state or United States of the use and benefit of 
 property or to appropriate it to personal use or the use of any 
 person other than the owner, steals that property and is guilty 
 of larceny; or 

    (2) With intent temporarily to deprive or defraud another 
 person or the state or United States of the use and benefit of 
 property or to appropriate it to personal use or the use of any 
 person other than the owner, is guilty of wrongful appropriation.

    Subd. 2.  Any person found guilty of larceny or wrongful 
 appropriation shall be punished as a court-martial may direct. 

    HIST: 1963 c 661 s 192A.595; 1978 c 552 s 42; 1986 c 444 

     192A.60 Conduct unbecoming an officer.  

    Any commissioned officer who is convicted of conduct 
 unbecoming an officer shall be punished as a court-martial may 
 direct.  

    HIST: 1963 c 661 s 192A.60; 1986 c 444 

     192A.605 General article.  

    Though not specifically mentioned in this code, all 
 disorders and neglects to the prejudice of good order and 
 discipline in the state military forces, of which persons 
 subject to this code may be guilty, shall be taken cognizance of 
 by a general, special, or summary court-martial, according to 
 the nature and degree of the offense, and shall be punished at 
 the discretion of that court.  However, cognizance may not be 
 taken of, and jurisdiction may not be extended to, the crimes of 
 murder, manslaughter, rape, robbery, maiming, sodomy, arson, 
 extortion, assault, burglary or housebreaking, jurisdiction of 
 which is reserved to civil courts.  

    HIST: 1963 c 661 s 192A.605 

     192A.61 Courts of inquiry. 

    Subdivision 1.  Courts of inquiry to investigate any matter 
 may be convened by the governor or by any other person 
 designated by the governor for that purpose, whether or not the 
 persons involved have requested such an inquiry. 

    Subd. 2.  A court of inquiry consists of three or more 
 commissioned officers.  For each court of inquiry the convening 
 authority shall also appoint counsel for the court. 

    Subd. 3.  Any person subject to this code whose conduct is 
 subject to inquiry shall be designated as a party.  Any person 
 subject to this code or employed by or for the state military 
 forces who has a direct interest in the subject of inquiry has 
 the right to be designated as a party upon request to the 
 court.  Any person designated as a party shall be given due 
 notice and has the right to be present, to be represented by 
 counsel, to cross examine witnesses, and to introduce evidence. 

    Subd. 4.  Members of a court of inquiry may be challenged 
 by a party, but only for cause stated to the court. 

    Subd. 5.  The members, counsel, the reporter, and 
 interpreters of courts of inquiry shall take an oath or 
 affirmation to faithfully perform their duties. 

    Subd. 6.  Witnesses may be summoned to appear and testify 
 and be examined before courts of inquiry, as provided for 
 courts-martial. 

    Subd. 7.  Courts of inquiry shall make findings of fact but 
 may not express opinions or make recommendations unless required 
 to do so by the convening authority. 

    Subd. 8.  Each court of inquiry shall keep a record of its 
 proceedings which shall be authenticated by the signatures of 
 the president and counsel for the court and forwarded to the 
 convening authority.  If the record cannot be authenticated by 
 the president, it shall be signed by a member in lieu of the 
 president.  If the record cannot be authenticated by the counsel 
 for the court, it shall be signed by a member in lieu of the 
 counsel. 

    HIST: 1963 c 661 s 192A.61; 1978 c 552 s 43 

     192A.611 Staff judge advocates. 

    Subdivision 1.  Convening authorities shall at all times 
 communicate directly with their staff judge advocates in matters 
 relating to the administration of military justice; and the 
 staff judge advocate of any command is entitled to communicate 
 directly with the staff judge advocate of a superior or 
 subordinate command, or with the state judge advocate. 

    Subd. 2.  No person who has acted as member, military 
 judge, trial counsel, assistant trial counsel, defense counsel, 
 assistant defense counsel, or investigating officer, or who has 
 been a witness for either the prosecution or defense in any case 
 may later act as staff judge advocate to any reviewing authority 
 upon the same case. 

    HIST: 1978 c 552 s 46 

     192A.612 Search warrants. 

    During any period of active service under section 190.05, 
 subdivision 5a or 5b, a military judge, designated as the 
 summary court officer during such service, is authorized to 
 issue search warrants, directed to a member of the military 
 police of the state military forces, to search any person, 
 place, or vehicle within the confines of the property or 
 premises being used for such active service or any person or 
 vehicle pursued therefrom.  No search warrant shall be issued 
 except upon probable cause, supported by affidavit or sworn 
 testimony naming and describing the person and particularly 
 describing the property or thing to be seized and particularly 
 describing the place to be searched. 

    HIST: 1978 c 552 s 47; 1984 c 642 s 7 

     192A.615 Authority to administer oaths. 

    Subdivision 1.  The following members of the state military 
 forces may administer oaths for the purposes of military 
 administration, including military justice, and affidavits may 
 be taken for those purposes before persons having the general 
 powers of a notary public: 

    (1) The state judge advocate and all assistant state judge 
 advocates; 

    (2) Staff judge advocates and acting or assistant staff 
 judge advocates; 

    (3) All summary courts-martial; 

    (4) All adjutants, assistant adjutants, acting adjutants, 
 and personnel adjutants; 

    (5) The president, military judge, trial counsel, and 
 assistant trial counsel for all general and special 
 courts-martial; 

    (6) The president and the counsel for the court of any 
 court of inquiry; 

    (7) All officers designated to take a deposition; 

    (8) All persons detailed to conduct an investigation; and 

    (9) All other persons designated by rules of the governor. 

    Subd. 2.  Officers of the state military forces may not be 
 authorized to administer oaths as provided in this section 
 unless they are on duty in or with those forces under orders of 
 the governor as prescribed in this code. 

    Subd. 3.  The signature without seal of any such person 
 together with the title of the person's office, is prima facie 
 evidence of the authority to administer oaths. 

    HIST: 1963 c 661 s 192A.615; 1978 c 552 s 44; 1985 c 248 s 70; 
 1986 c 444 

     192A.62 Sections to be explained.  

    Sections 192A.02, 192A.025, 192A.045 to 192A.085, 192A.145, 
 192A.155, 192A.205, 192A.295, 192A.385 to 192A.595, and 192A.62 
 to 192A.63 shall be carefully explained to every enlisted member 
 at the time of the member's enlistment or transfer or induction 
 into, or at the time of the member's order to duty in or with 
 any of the state military forces or within 30 days thereafter.  
 They shall also be explained annually to each unit of the state 
 military forces.  A complete text of this code and of the rules 
 prescribed by the governor thereunder shall be made available to 
 any member of the state military forces, upon the member's 
 request, for personal examination.  

    HIST: 1963 c 661 s 192A.62; 1985 c 248 s 70; 1986 c 444 

     192A.625 Complaints of wrongs.  

    Any member of the state military forces having a belief of 
 being wronged by a commanding officer, and who, upon due 
 application to that commanding officer, is refused redress, may 
 complain to any superior commissioned officer, who shall forward 
 the complaint to the governor or adjutant general.  

    HIST: 1963 c 661 s 192A.625; 1986 c 444 

     192A.63 Redress of injuries to property. 

    Subdivision 1.  Whenever complaint is made to any 
 commanding officer that willful damage has been done to the 
 property of any person or that property has been wrongfully 
 taken by members of the state military forces, the commanding 
 officer may, subject to such rules as the governor may 
 prescribe, convene a board to investigate the complaint.  The 
 board shall consist of from one to three commissioned officers 
 and, for the purpose of that investigation, it has power to 
 summon witnesses and examine them upon oath or affirmation, to 
 receive depositions or other documentary evidence, and to assess 
 the damages sustained against the responsible parties.  The 
 assessment of damages made by the board is subject to the 
 approval of the commanding officer, and in the amount approved 
 by the commanding officer shall be charged against the pay of 
 the offenders.  The order of the commanding officer directing 
 charges herein authorized is conclusive, except as provided in 
 subdivision 3, on any disbursing officer for the payment by the 
 commanding officer to the injured parties of the damages so 
 assessed and approved. 

    Subd. 2.  If the offenders cannot be ascertained, but the 
 organization or detachment to which they belong is known, 
 charges totaling the amount of damages assessed and approved may 
 be paid to the injured parties from the military funds of the 
 units of the state military forces to which the offenders 
 belonged. 

    Subd. 3.  Any person subject to this code who is accused of 
 causing willful damage to property has the right to be 
 represented by counsel, to summon witnesses, to cross examine 
 adverse witnesses, and to appeal to the next higher commander. 

    HIST: 1963 c 661 s 192A.63; 1985 c 248 s 70; 1986 c 444 

     192A.635 Execution of process and sentence.  

    In the state military forces not in federal service the 
 processes and sentences of its courts-martial shall be executed 
 by the civil officers prescribed by the laws of the state.  

    HIST: 1963 c 661 s 192A.635 

     192A.64 Process of military courts.  

    Subdivision 1.  Military courts may issue any process or 
 mandate necessary to carry into effect their powers.  Such a 
 court may issue subpoenas and subpoenas duces tecum and enforce 
 by attachment attendance of witnesses and production of books 
 and records, when it is sitting within the state and the 
 witnesses, books, and records sought are also so located.  

    Subd. 2.  Process and mandates may be issued by summary 
 courts-martial, provost courts, or the president of other 
 military courts and may be directed to and may be executed by 
 the marshals of the military court or any peace officer and 
 shall be in such form as may be prescribed by rules issued under 
 this code.  

    Subd. 3.  All officers to whom process or mandates may be 
 so directed shall execute them and make return of their acts 
 thereunder according to the requirements of those documents.  
 Except as otherwise specifically provided in this code, no such 
 officer may demand or require payment of any fee or charge for 
 receiving, executing, or returning such a process or mandate or 
 for any service in connection therewith.  

    HIST: 1963 c 661 s 192A.64; 1985 c 248 s 70 

     192A.645 Payment of fines and disposition thereof.  

    Fines imposed by a military court may be paid to it or to 
 an officer executing its process.  The amount of such a fine may 
 be noted upon any state roll or account for pay of the 
 delinquent and deducted from any pay or allowance due or 
 thereafter to become due the delinquent, until the fine is 
 liquidated.  Any sum so deducted shall be turned in to the 
 military court which imposed the fine.  The proceeds of all such 
 fines shall be disposed of in accordance with section 192.68.  
 All moneys so deposited with the adjutant general are 
 appropriated for the purposes stated.  

    HIST: 1963 c 661 s 192A.645; 1965 c 41 s 2; 1986 c 444 

     192A.65 Immunity for action of military courts.  

    No accused may bring an action or proceeding against the 
 convening authority or a member of a military court or officer 
 or person acting under its authority or reviewing its 
 proceedings because of the approval, imposition, or execution of 
 any sentence or the imposition or collection of a fine or 
 penalty, or the execution of any process or mandate of a 
 military court.  

    HIST: 1963 c 661 s 192A.65 

     192A.655 Presumption of jurisdiction.  

    The jurisdiction of the military courts and boards 
 established by this code shall be presumed and the burden of 
 proof rests on any person seeking to oust those courts or boards 
 of jurisdiction in any action or proceeding.  

    HIST: 1963 c 661 s 192A.655 

     192A.66 Delegation of authority by the governor.  

    Except for the power in sections 192A.115 and 192A.13, the 
 authority vested in the governor under this code may be 
 delegated, and provisions made for the subdelegation of any such 
 authority. 

    HIST: 1963 c 661 s 192A.66; 1986 c 444 

     192A.665 Uniformity of interpretation.  

    This chapter shall be so construed as to effectuate its 
 general purpose to make uniform the law of those states which 
 enact it and, so far as practical, to make that law uniform with 
 the law of the United States.  

    HIST: 1963 c 661 s 192A.665