Chapter 192A — Persons Subject to This Code; Jurisdiction

192A.01 Short Title Names this chapter as the Minnesota Code of Military Justice. 192A.015 Definitions Defines key terms used throughout the military justice code, such as commanding officer, court-martial, and military … 192A.02 Persons Subject to This Code; Jurisdiction Says who is subject to the military justice code and establishes when military courts have jurisdiction. 192A.021 Purely Military Offenses Lists the offenses that are purely military in nature, like desertion, AWOL, and insubordination. 192A.025 Jurisdiction to Try Certain Personnel Allows military courts to try former service members who fraudulently obtained their discharge. 192A.03 Dismissal of Commissioned Officer Allows a dismissed commissioned officer to request a trial by court-martial if the dismissal was wrongful. 192A.035 Territorial Applicability of Code Makes the military justice code apply throughout Minnesota and wherever state forces serve, including out of state. 192A.04 Judge Advocates and Legal Officers Requires the governor to appoint a state judge advocate to oversee military legal matters. 192A.041 Practice of Military Law Allows qualified commissioned officers from any state military force to practice military law in Minnesota. 192A.045 Apprehension Allows authorized military personnel and peace officers to arrest people subject to the military code. 192A.05 Apprehension of Deserters Allows any peace officer to arrest military deserters without a warrant. 192A.055 Imposition of Pretrial Restraint Defines pretrial restraint and sets rules for confining military members before their court-martial. 192A.06 Repealed military justice provision from 2002. 192A.065 Confinement in Jails Allows military prisoners to be held in civilian jails, prisons, or penitentiaries designated by the governor. 192A.07 Receiving Prisoners Requires jail and prison officials to accept military prisoners sent to them by proper authority. 192A.075 Repealed military justice provision from 2002. 192A.08 Delivery of Offenders to Civil Authorities Allows military members accused of civilian crimes to be turned over to civilian authorities for prosecution. 192A.085 Repealed military justice provision from 2013. 192A.0851 Commanding Officer's Nonjudicial Punishment Allows commanders to impose discipline for minor offenses without a court-martial, like extra duty or reduced pay. 192A.09 Members of State Military Forces Not in Federal Active Service Establishes three types of courts-martial: general, special, and summary for state military forces. 192A.095 Jurisdiction of Courts-martial in General Gives each branch of the state military forces court-martial power over all persons subject to the code. 192A.10 Jurisdiction of General Courts-martial Gives general courts-martial jurisdiction to try any offense under the code and impose any lawful punishment. 192A.105 Jurisdiction of Special Courts-martial Gives special courts-martial jurisdiction to try any code offense, with limits on punishment. 192A.11 Jurisdiction of Summary Courts-martial Gives summary courts-martial jurisdiction over enlisted members for minor offenses, with limited punishments. 192A.111 Maximum Limits Limits punishments for military code violations to the lesser of federal or state standards. 192A.115 Governor's Approval of Dismissal or Dishonorable Discharge Requires the governor to approve any sentence of dismissal or dishonorable discharge. 192A.12 Procedural Requirements for Dishonorable Discharge, Bad Conduct Discharge, or Dismissal Requires a complete trial record and qualified legal counsel before a dishonorable discharge can be imposed. 192A.125 Repealed military justice provision from 1978. 192A.13 Who May Convene General Courts-martial Lists who can order a general court-martial, including the governor and the adjutant general. 192A.135 Who May Convene Special Courts-martial Lists which commanders can order a special court-martial, including post and brigade commanders. 192A.14 Who May Convene Summary Courts-martial Lists which commanders can order a summary court-martial, including battalion and post commanders. 192A.145 Repealed military justice provision from 2002. 192A.15 Military Judge System Creates the military judge system under the adjutant general for courts-martial proceedings. 192A.155 Detail of Trial Counsel and Defense Counsel Requires the convening authority to assign both a prosecutor and defense lawyer for each court-martial. 192A.16 Detail or Employment of Reporters and Interpreters Requires court reporters and interpreters to be provided for courts-martial proceedings. 192A.165 Repealed military justice provision from 2002. 192A.17 Repealed military justice provision from 2002. 192A.175 Repealed military justice provision from 2002. 192A.18 Repealed military justice provision from 2002. 192A.185 Repealed military justice provision from 2002. 192A.19 Repealed military justice provision from 2002. 192A.195 Repealed military justice provision from 2002. 192A.20 Governor May Prescribe Rules Gives the governor or adjutant general power to set rules of procedure for military courts. 192A.205 Unlawful Command Influence Bars commanders from improperly influencing court-martial proceedings or retaliating against participants. 192A.21 Repealed military justice provision from 2002. 192A.215 Repealed military justice provision from 2002. 192A.22 Repealed military justice provision from 2002. 192A.225 Repealed military justice provision from 2002. 192A.23 Repealed military justice provision from 2002. 192A.235 Statute of Limitations Sets time limits for prosecuting military offenses, with no time limit for desertion, aiding the enemy, or mutiny. 192A.24 Former Jeopardy Protects military members from being tried twice for the same offense in military court without consent. 192A.245 Repealed military justice provision from 2002. 192A.25 Opportunity to Obtain Witnesses and Other Evidence Gives both the prosecution and defense equal ability to get witnesses and evidence for a court-martial. 192A.255 Refusal to Appear or Testify Allows punishment of civilians who refuse to appear or testify when properly summoned by a military court. 192A.26 Contempts Gives military courts power to punish anyone who disrupts proceedings with up to $100 fine or 30 days confinement. 192A.265 Repealed military justice provision from 2002. 192A.27 Repealed military justice provision from 2002. 192A.275 Repealed military justice provision from 2002. 192A.28 Grounds for Conviction Requires guilt to be proven beyond a reasonable doubt or by a guilty plea for a military conviction. 192A.285 Repealed military justice provision from 2002. 192A.29 Repealed military justice provision from 2002. 192A.295 Repealed military justice provision from 2002. 192A.30 Renumbered to section 192A.111. Originally covered maximum punishment limits. 192A.305 Repealed military justice provision from 2002. 192A.31 Execution of Confinement Allows military confinement sentences to be served in any lawful place of confinement. 192A.315 Repealed military justice provision from 2002. 192A.32 Repealed military justice provision from 2002. 192A.325 Repealed military justice provision from 2002. 192A.33 Repealed military justice provision from 2002. 192A.335 Repealed military justice provision from 2002. 192A.34 Repealed military justice provision from 2002. 192A.341 Error of Law; Lesser Included Offenses Says a court-martial verdict cannot be overturned for a legal error unless it actually harmed the accused's rights. 192A.343 Action by Convening Authority Requires court-martial findings and sentences to be promptly reported to the convening authority for action. 192A.345 Repealed military justice provision from 2002. 192A.35 Repealed military justice provision from 2002. 192A.351 Withdrawal of Appeal Allows a convicted service member to waive their right to appeal a court-martial conviction. 192A.353 Appeal by State Gives the state the right to appeal certain court-martial rulings, similar to prosecution appeals in civilian courts. 192A.355 Repealed military justice provision from 2002. 192A.36 Repealed military justice provision from 2002. 192A.361 Rehearings Requires a new court-martial panel for any rehearing and bars increased punishment on retrial. 192A.363 Review by Senior Force Judge Advocate Requires the senior force judge advocate to review all guilty findings from courts-martial. 192A.365 Repealed military justice provision from 2002. 192A.37 Repealed military justice provision from 2002. 192A.371 Review by State Appellate Authority Allows appeal of court-martial cases to the Minnesota Supreme Court by certiorari. 192A.373 Appellate Counsel Requires the senior judge advocate to assign lawyers for both sides in court-martial appeals. 192A.375 Repealed military justice provision from 2002. 192A.38 Repealed military justice provision from 2002. 192A.381 Finality of Proceedings, Findings, and Sentences Makes court-martial proceedings, findings, and sentences final once all required reviews and appeals are done. 192A.384 Offenses Subject to Court-martial Limits court-martial jurisdiction to violations of the federal manual for courts-martial and Minnesota law. 192A.385 Repealed military justice provision from 2022. 192A.39 Principals Makes anyone who commits, aids, or commands a military offense guilty as a principal. 192A.395 Accessory After the Fact Makes it a military offense to help someone escape punishment after they committed a crime. 192A.40 Conviction of Lesser Included Offense Allows conviction for a lesser included offense if the charged offense is not fully proven. 192A.405 Attempts Makes attempted military offenses punishable, even if the attempt failed. 192A.41 Conspiracy Makes conspiracy to commit a military offense punishable if any conspirator takes action toward the crime. 192A.415 Solicitation Makes it a military offense to encourage others to desert or commit mutiny. 192A.42 Fraudulent Enlistment, Appointment, or Separation Punishes anyone who gets into or out of the military through fraud, like lying on enlistment papers. 192A.425 Unlawful Enlistment, Appointment, or Separation Punishes anyone who knowingly enlists, appoints, or discharges an ineligible person. 192A.43 Desertion Makes desertion a military offense, including leaving duty to avoid service or not returning from leave. 192A.435 Absence Without Leave Makes absence without leave (AWOL) a military offense for anyone who leaves without permission. 192A.44 Missing Movement Punishes anyone who misses the movement of their ship, aircraft, or unit through neglect or on purpose. 192A.445 Contempt Towards Officials Makes it a military offense to use contemptuous words against the president, governor, or other officials. 192A.45 Disrespect Towards Superior Commissioned Officer Punishes disrespectful behavior toward a superior commissioned officer. 192A.455 Assaulting or Willfully Disobeying Superior Commissioned Officer Makes it a serious offense to assault or willfully disobey a superior commissioned officer. 192A.46 Insubordinate Conduct Toward Warrant Officer or Noncommissioned Officer Punishes warrant officers and enlisted members for insubordinate conduct toward superiors. 192A.465 Failure to Obey Order or Rule Punishes anyone who fails to obey a lawful order or published regulation. 192A.47 Cruelty and Maltreatment Punishes any military member who is cruel or abusive toward people under their command. 192A.475 Mutiny or Sedition Makes mutiny and sedition among the most serious military offenses. 192A.48 Resistance, Breach of Arrest, and Escape Punishes resisting arrest, breaking out of confinement, or escaping from military custody. 192A.485 Releasing Prisoner Without Proper Authority Punishes anyone who releases a military prisoner without proper authority. 192A.49 Unlawful Detention of Another Punishes the unlawful arrest or confinement of another person. 192A.495 Noncompliance With Procedural Rules Punishes failure to follow required procedures, such as not reading rights or not reporting offenses. 192A.50 Misbehavior Before the Enemy Punishes cowardly or improper behavior in the face of the enemy, such as running away or surrendering. 192A.505 Repealed military justice provision from 2002. 192A.51 Improper Use of Countersign Punishes anyone who gives away military passwords or countersigns to unauthorized people during wartime. 192A.515 Forcing a Safeguard Punishes anyone who forces or violates a military safeguard. 192A.52 Repealed military justice provision from 2002. 192A.525 Aiding the Enemy Punishes anyone who aids, shelters, or gives information to the enemy. 192A.53 Repealed military justice provision from 2002. 192A.535 False Official Statements Punishes making false official statements, signing false documents, or lying in official records. 192A.54 Military Property; Loss, Damage, Destruction, or Wrongful Disposition Punishes loss, damage, destruction, or wrongful disposal of military property. 192A.545 Property Other Than Military Property; Waste, Spoilage, or Destruction Punishes willful or reckless waste, spoilage, or destruction of non-military property while on duty. 192A.55 Improper Hazarding of Vessel or Aircraft Punishes anyone who willfully or negligently endangers a military vessel or aircraft. 192A.555 Driving While Under the Influence or Reckless Driving Makes drunk driving and reckless driving a specific military offense. 192A.56 Under the Influence of Alcohol or Controlled Substance While on Duty; Sleeping on Post; Leaving Post Before Relief Punishes being drunk or under the influence while on duty, sleeping on guard duty, or leaving a post. 192A.565 Repealed military justice provision from 1978. 192A.566 Illegal Presence of Controlled Substance While in Duty Status Makes it a military offense to test positive for controlled substances while on duty. 192A.57 Malingering Punishes malingering, which means faking illness or injury to avoid military duties. 192A.575 Riot or Breach of Peace Punishes causing or participating in a riot or breach of the peace. 192A.58 Repealed military justice provision from 2002. 192A.582 Assault Makes assault, including assault with a weapon or assault causing serious injury, a military offense. 192A.585 Perjury Makes perjury, giving false testimony under oath in military proceedings, a punishable offense. 192A.59 Frauds Against the Government Punishes fraud against the government, including false claims and cheating on government contracts. 192A.595 Larceny and Wrongful Appropriation Makes theft and wrongful taking of property a military offense. 192A.60 Conduct Unbecoming an Officer Punishes commissioned officers for conduct unbecoming an officer. 192A.6011 Prohibited Activities With Military Recruit or Trainee by Person in Position of Special Trust Bans sexual or romantic contact between military trainers and recruits they have power over. 192A.6012 Nonconsensual Distribution of Intimate Images Makes it a military offense to share intimate images of someone without their consent. 192A.6013 Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices Makes fraudulent use of credit cards, debit cards, and other access devices a military offense. 192A.6014 Unauthorized Use of Government Computer Makes unauthorized access or use of government computers a military offense. 192A.6015 Retaliation Makes it a military offense to retaliate against someone for reporting a crime or cooperating with an investigation. 192A.605 General Article Allows punishment for any conduct that harms good order, discipline, or the reputation of the military. 192A.61 Courts of Inquiry Allows the governor or designee to convene courts of inquiry to investigate military matters. 192A.611 Repealed military justice provision from 2002. 192A.612 Search Warrants Gives military judges authority to issue search warrants for military investigations. 192A.615 Authority to Administer Oaths Lists which military members can administer oaths for military justice and administrative purposes. 192A.62 Sections to Be Explained Requires key sections of the military code to be explained to all service members. 192A.625 Complaints of Wrongs Gives service members the right to complain up the chain of command if wronged by a commanding officer. 192A.63 Redress of Injuries to Property Requires commanders to investigate and fix property damage done by military members. 192A.635 Execution of Process and Sentence Requires court-martial processes and sentences to be carried out by civilian officers. 192A.64 Process of Military Courts Gives military courts power to issue subpoenas, warrants, and other legal process. 192A.645 Payment and Disposition of Fines Allows military court fines to be deducted from a service member's pay. 192A.65 Immunity for Action of Military Courts Protects military court members, judges, and officers from lawsuits over their official actions. 192A.655 Repealed military justice provision from 2002. 192A.66 Delegation of Authority by Governor Allows the governor to delegate military justice authority to other officials. 192A.665 Uniformity of Interpretation Requires the code to be interpreted consistently with federal military law where practical.