2005 Minnesota Statutes

     192A.385 Persons to be tried or punished. 

    Subdivision 1.    Duty status required.  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 as a member of the state military forces 
 not in federal active service. 

    Subd. 2.    Determination.  Duty status may extend to 
 any soldier while acting in the line of duty or during any 
 consecutive duty periods.  Consecutive duty periods run from the 
 time the soldier is required to be at the assigned duty station 
 until the soldier is dismissed from duty.  Duty status may be 
 determined by weighing factors including, but not limited to, 
 whether the soldier: 

    (1) is in uniform; 

    (2) is attending a unit endorsed event; 

    (3) is drilling in excess of 50 miles from the soldier's 
 normal duty station; 

    (4) is involved in an activity which is service-connected; 

    (5) has been released versus dismissed from duty; and 

    (6) is staying at lodging provided by the military or at 
 military expense.  

    HIST: 1963 c 661 s 192A.385; 1986 c 444; 2002 c 308 s 36