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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. Primary and concurrent military jurisdiction. (a) Courts-martial have primary
jurisdiction of purely military offenses listed in section 192A.021. Except for crimes designated
as purely military offenses in section 192A.021, a proper civilian tribunal has primary jurisdiction
over an act or omission that violates both this code and local criminal law, foreign or domestic.
In such cases a court-martial may be initiated only after the civilian authority has declined
or dismissed charges, provided jeopardy has not attached. Jurisdiction over attempted crimes,
conspiracy crimes, and accessory crimes must be determined by the underlying offense pursuant
to section 192A.021.
(b) If an act or omission is subject to trial by court-martial and prosecution by one or more
civil tribunals, foreign or domestic, the determination of which nation, state, or agency will
exercise jurisdiction is a matter for the nations, states, and agencies concerned, and is not a right
of the suspect or accused.
(c) 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.
    Subd. 4. Presumption of jurisdiction. The jurisdiction of the military courts and boards
established by this code are presumed and the burden of proof rests on any person seeking to
challenge those courts or boards of jurisdiction in any action or proceeding.
History: 1963 c 661 s 192A.02; 1978 c 552 s 2; 1983 c 193 s 9; 2002 c 308 s 2,3

Official Publication of the State of Minnesota
Revisor of Statutes