Okla. Stat. tit. 44, § 44-826A — OK Code / Title 44 / Section 44-826A
Military magistrates
Status: in_force

ARTICLE 26A. Military magistrates.

A. Qualifications. A military magistrate:

1. Shall be a member of the bar of a federal court or a member

of the bar of the highest court of a state and may be a commissioned

officer of the state military forces; and

2. Shall be certified to be qualified, by reason of education,

training, experience and judicial temperament, for duty as a

military magistrate by the State Judge Advocate.

B. Limitations.

1. Neither the State Judge Advocate nor a senior force

component judge advocate shall be detailed or appointed as a

military magistrate.

2. When performing the duties provided for in subsection C of

Section 17 of this act (Article 30A, subsection C), no person shall

be eligible to act as a military magistrate in a case where such

person serves as an Assistant Attorney General, district attorney,

assistant district attorney or municipal prosecutor who could

determine or participate in the determination of whether to

prosecute a nonmilitary offense when the act or omission in question

could have violated both the Oklahoma Uniform Code of Military

Justice and state or local criminal laws.

3. When performing the duties provided for in subsection C of

this section, no person shall be eligible to act as a military

magistrate in a case where such person served as an Assistant

Attorney General, district attorney, assistant district attorney or

municipal prosecutor who determined or participated in the

determination of whether to prosecute a nonmilitary offense when the

act or omission in question could have violated both the Oklahoma

Uniform Code of Military Justice and state or local criminal laws.

Oklahoma Statutes - Title 44. Militia Page 87

4. Neither the convening authority nor any member of the staff

of the convening authority shall prepare or review any report

concerning the effectiveness, fitness or efficiency of a military

magistrate so detailed or retained which relates to the military

magistrate's performance of duty as a military magistrate.

5. A person shall not act as a military magistrate in any case

that he or she is the accuser, a witness or has acted as counsel in

the same case.

C. Appellate remand. A military magistrate may be detailed or

retained pursuant to this section for purposes of conducting an

appellate proceeding on behalf of the Military Court of Appeals

ordered pursuant to paragraph 3 of subsection J of Section 866 of

Title 44 of the Oklahoma Statutes (Article 66, subsection J,

paragraph 3).

D. Duties. In accordance with regulations promulgated by the

Adjutant General, in addition to duties when detailed under Section

17 of this act (Article 30A), a military magistrate, who is also a

commissioned officer of the state military forces, may be assigned

to perform other duties of a nonjudicial nature.

E. The compensation of a military magistrate retained pursuant

to this section who is not a member of the Oklahoma National Guard

shall be established pursuant to regulations promulgated by the

Adjutant General. Such regulations may allow for payment of actual

and necessary expenses.
Okla. Stat. tit. 44, § 44-24 — OK Code / Title 44 / Section 44-24
Adjutant General - Eligibility - Appointment
Status: in_force

A. The Adjutant General shall be appointed by the Governor, by

and with the advice and consent of the Oklahoma State Senate, and

shall serve at the pleasure of the Governor.

B. To be eligible to hold the office of Adjutant General of

this state, at the time of appointment, the appointee:

1. Shall be a federally recognized and currently serving as a

colonel or higher ranking officer of the Oklahoma National Guard no

less than eight (8) years of service in the Oklahoma National Guard;

2. Shall possess at least the rank of Colonel; and

3. If not already a general officer, shall be eligible for a

Certificate of Eligibility pursuant to federal law and applicable

regulations issued by the Chief of the National Guard Bureau.
Okla. Stat. tit. 44, § 44-4304 — OK Code / Title 44 / Section 44-4304
Termination of entitlement to benefits
Status: in_force

A person's entitlement to the benefits of the Oklahoma Uniformed

Services Employment and Reemployment Rights Act due to the person's

service in the state military forces terminates upon any of the

following events:

1. A separation of the person from the state military forces

with a dishonorable or bad conduct discharge;

2. A separation of the person from the state military forces

under other than honorable conditions, as characterized pursuant to

state law or regulations prescribed by the National Guard Bureau or

applicable regulations of the United States Army or the United

States Air Force;

3. A dismissal of the person permitted under the Oklahoma

Uniform Code of Military Justice or the regulations promulgated

pursuant to the provisions of the Oklahoma Uniform Code of Military

Justice or the applicable regulations of the National Guard Bureau

or the United States Army or the United States Air Force; or

4. A dropping of the person from the rolls pursuant to the

Oklahoma Uniform Code of Military Justice or the regulations

promulgated pursuant to the provisions of the Oklahoma Uniform Code

of Military Justice or the applicable regulations of the National

Guard Bureau or the United States Army or the United States Air

Force.
Okla. Stat. tit. 44, § 44-860B — OK Code / Title 44 / Section 44-860B
Posttrial actions in summary courts-martial and certain
Status: in_force

general and special courts-martial.

ARTICLE 60B. Posttrial actions in summary courts-martial and

certain general and special courts-martial.

A. In general.

1. In a court-martial not specified in paragraph 2 of

subsection A of Section 860A of this title (Article 60A, subsection

A, paragraph 2), the convening authority may:

a. dismiss any charge or specification by setting aside

the finding of guilty,

b. change a finding of guilty to a charge or

specification to a finding of guilty to a lesser

included offense,

c. disapprove the findings and the sentence and dismiss

the charges and specifications,

d. disapprove the findings and the sentence and order a

rehearing as to the findings and the sentence,

e. disapprove, commute, or suspend the sentence, in whole

or in part, or

f. disapprove the sentence and order a rehearing as to

the sentence.

2. In a summary court-martial, the convening authority shall

approve the sentence or take other action on the sentence under

paragraph 1 of this subsection.

Oklahoma Statutes - Title 44. Militia Page 123

3. Except as provided in paragraph 4 of this subsection, the

convening authority may act under this section only before entry of

judgment.

4. The convening authority may act under this section after

entry of judgment in a general or special court-martial in the same

manner as the convening authority may act under paragraph 2 of

subsection D of Section 860A of this title (Article 60A, subsection

D, paragraph 2). Such action shall be forwarded to the military

judge, who shall ensure appropriate modification to the entry of

judgment and shall transmit the entry of judgment to the State Judge

Advocate for appropriate action.

5. Under regulations prescribed by the Adjutant General, a

commissioned officer commanding for the time being, a successor in

command, or any person exercising general court-martial jurisdiction

may act under this section in place of the convening authority.

B. Limitations on rehearings. The convening authority may not

order a rehearing under this section:

1. As to the findings, if there is insufficient evidence in the

record to support the findings;

2. To reconsider a finding of not guilty of any specification

or a ruling which amounts to a finding of not guilty; or

3. To reconsider a finding of not guilty of any charge, unless

there has been a finding of guilty under a specification laid under

that charge, which sufficiently alleges a violation of some section

of the Oklahoma Uniform Code of Military Justice.

C. Submissions by accused and victim. In accordance with

regulations prescribed by the Adjutant General, in determining

whether to act under this section, the convening authority shall

consider matters submitted in writing by the accused or any victim

of the offense. Such rules shall include the matter required by

subsection E of Section 860A of this title (Article 60A, subsection

E).

D. Decision of convening authority.

1. In a general or special court-martial, the decision of the

convening authority under this section shall be forwarded to the

military judge, with copies provided to the accused and to any

victim of the offense.

2. If the convening authority acts on the findings or the

sentence under paragraph 1 of subsection A of this section, the

decision of the convening authority shall include a written

explanation of the reasons for such action.
Okla. Stat. tit. 44, § 44-888 — OK Code / Title 44 / Section 44-888
Contempt toward officials
Status: in_force

ARTICLE 88. Contempt toward officials.

Any commissioned officer who uses contemptuous words against the

President, the Vice President, Congress, the Secretary of Defense,

the Secretary of a military department, the Secretary of Homeland

Security, the Governor of the State of Oklahoma, or the Oklahoma

Legislature shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-232 — OK Code / Title 44 / Section 44-232
Youth programs
Status: in_force

A. Pursuant to rules promulgated by the Adjutant General of the

State of Oklahoma, the Oklahoma Military Department is authorized to

establish and operate youth programs utilizing National Guard or

state-owned facilities, state-owned vehicles and civilian or

National Guard personnel to provide military-styled training and

other benefits to civilian youth pursuant to agreement with federal,

state and local governmental agencies.

B. The Adjutant General is authorized further to enter into

agreements and to do all things deemed necessary or incidental to

the performance of any duty authorized by subsection A of this

section, including, but not limited to:

1. The execution of memoranda of agreement for assistance to

federal, state and local governmental agencies;

2. The execution of grant agreements;

3. The execution of grant agreements with the federal

government;

4. The execution of agreements with the federal government for

reimbursement to the Oklahoma Military Department for the use and

operation of Oklahoma Military Department state-owned vehicles and

equipment in support of youth programs;

5. The execution of other contracts and agreements; and

6. The expenditure of Oklahoma Military Department funds for

the purpose of advertising.

C. The Adjutant General is hereby authorized to accept gifts or

donations for and on behalf of the state to be used for the use and

benefit of the youth programs authorized by this section and their

participants. The Oklahoma Military Department is directed to

maintain and preserve appropriate records for all gifts made to the

state pursuant to this section.
Okla. Stat. tit. 44, § 44-845 — OK Code / Title 44 / Section 44-845
Pleas of the accused
Status: in_force

ARTICLE 45. Pleas of the accused.

A. Irregular and similar pleas. 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 he

or she has entered the plea of guilty improvidently or through lack

of understanding of its meaning and effect, or if he or she fails or

refuses to plead, a plea of not guilty shall be entered in the

record, and the court shall proceed as though he or she had pleaded

not guilty.

B. Pleas of guilty. 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 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 proceedings shall continue as though the accused

had pleaded not guilty.

C. Harmless error. A variance from the requirements of this

section is harmless error if the variance does not materially

prejudice the substantial rights of the accused.
Okla. Stat. tit. 44, § 44-803 — OK Code / Title 44 / Section 44-803
Jurisdiction to try certain personnel
Status: in_force

ARTICLE 3. Jurisdiction to try certain personnel.

A. Each person discharged from the state military forces who is

later charged with having fraudulently obtained a discharge is,

subject to Section 904A of this title, subject to trial by court-

martial on that charge and is, after apprehension, subject to the

Oklahoma Uniform Code of Military Justice while in custody under the

direction of the state military forces for that trial. Upon

conviction of the charge, the person shall be subject to trial by

court-martial for all offenses under the Oklahoma Uniform Code of

Military Justice committed before the fraudulent discharge.

B. No person who has deserted from the state military forces

shall be relieved from amenability to the jurisdiction of the

Oklahoma Uniform Code of Military Justice by virtue of a separation

from any later period of service.
Okla. Stat. tit. 44, § 44-246 — OK Code / Title 44 / Section 44-246
Oath of officers
Status: in_force

The oath to be taken by officers commissioned in such forces

shall be substantially in the form prescribed for officers of the

National Guard, substituting the words "Oklahoma State Guard" where

necessary.
Okla. Stat. tit. 44, § 44-916 — OK Code / Title 44 / Section 44-916
Riot or breach of peace
Status: in_force

ARTICLE 116. Riot or breach of peace.

Any person subject to the Oklahoma Uniform Code of Military

Justice who causes or participates in any riot or breach of the

peace shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-898 — OK Code / Title 44 / Section 44-898
Misconduct as prisoner
Status: in_force

ARTICLE 98. Misconduct as prisoner.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, while in the hands of the enemy in time of war:

1. For the purpose of securing favorable treatment by his or

her captors acts without proper authority in a manner contrary to

law, custom, or regulation, to the detriment of others of whatever

nationality held by the enemy as civilian or military prisoners; or

Oklahoma Statutes - Title 44. Militia Page 151

2. While in a position of authority over such persons maltreats

them without justifiable cause,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-221 — OK Code / Title 44 / Section 44-221
Provisions for National Guard when in service
Status: in_force

The Adjutant General shall provide such subsistence and expenses

for the National Guard when in active service, as may be ordered by

the Commander in Chief.

R.L. 1910, § 3905.
Okla. Stat. tit. 44, § 44-4301 — OK Code / Title 44 / Section 44-4301
Purposes
Status: in_force

The purposes of the Oklahoma Uniformed Services Employment and

Reemployment Rights Act are:

1. To encourage noncareer service in the state military forces

by eliminating or minimizing the disadvantages to civilian careers

and employment which can result from such service;

2. To minimize the disruption to the lives of persons

performing service in the state military forces as well as to their

employers, their fellow employees, and their communities, by

providing for the prompt reemployment of such persons upon their

completion of service; and

3. To prohibit discrimination against persons because of their

service in the state military forces.
Okla. Stat. tit. 44, § 44-935 — OK Code / Title 44 / Section 44-935
Courts of inquiry
Status: in_force

ARTICLE 135. Courts of inquiry.

A. Courts of inquiry to investigate any matter of concern to

the state military forces may be convened by any person authorized

to convene a general court-martial or by any other person designated

by the Adjutant General for that purpose, whether or not the persons

involved have requested such an inquiry.

B. 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.

C. 1. Any person subject to the Oklahoma Uniform Code of

Military Justice whose conduct is subject to inquiry shall be

designated as a party.

2. Any person subject to the Code and employed by the Oklahoma

Military Department, and who has a direct interest in the subject of

inquiry, has the right to be designated as a party upon request to

the court.

3. 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.

D. Members of a court of inquiry may be challenged by a party,

but only for cause stated to the court.

E. The members, counsel, the reporter, and interpreters of

courts of inquiry shall take an oath to faithfully perform their

duties.

F. Witnesses may be summoned to appear and testify and be

examined before courts of inquiry, as provided for courts-martial.

Oklahoma Statutes - Title 44. Militia Page 174

G. 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.

H. 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.
Okla. Stat. tit. 44, § 44-864 — OK Code / Title 44 / Section 44-864
Judge advocate review of finding of guilty in summary
Status: in_force

court-martial.

ARTICLE 64. Judge advocate review of finding of guilty in

summary court-martial.

A. In general. Under regulations prescribed by the Adjutant

General, each summary court-martial in which there is a finding of

guilty shall be reviewed by a judge advocate. A judge advocate may

not review a case under this subsection if the judge advocate has

acted in the same case as an accuser, preliminary hearing officer,

member of the court, military judge, or counsel or has otherwise

acted on behalf of the prosecution or defense. The judge advocate's

review shall be in writing and shall contain the following:

1. Conclusions as to whether:

Oklahoma Statutes - Title 44. Militia Page 127

a. the court had jurisdiction over the accused and the

offense,

b. the charge and specification stated an offense, and

c. the sentence was within the limits prescribed as a

matter of law;

2. A response to each allegation of error made in writing by

the accused; and

3. If the case is sent for action under subsection B of this

section, a recommendation as to the appropriate action to be taken

and an opinion as to whether corrective action is required as a

matter of law.

B. Record. The record of trial and related documents in each

case reviewed under subsection A of this section shall be sent for

action to the person exercising general court-martial jurisdiction

over the accused at the time the court was convened (or to that

person's successor in command) if:

1. The judge advocate who reviewed the case recommends

corrective action; or

2. Such action is otherwise required by regulations of the

Adjutant General.

C. 1. The person to whom the record of trial and related

documents are sent under subsection B of this section may:

a. disapprove or approve the findings or sentence, in

whole or in part,

b. remit, commute, or suspend the sentence in whole or in

part,

c. except where the evidence was insufficient at the

trial to support the findings, order a rehearing on

the findings, on the sentence, or on both, or

d. dismiss the charges.

2. If a rehearing is ordered but the convening authority finds

a rehearing impracticable, he or she shall dismiss the charges.

3. If the opinion of the judge advocate in the judge advocate's

review under subsection A of this section is that corrective action

is required as a matter of law and if the person required to take

action under subsection B does not take action that is at least as

favorable to the accused as that recommended by the judge advocate,

the record of trial and action thereon shall be sent to the State

Judge Advocate for review under Section 869 of this title (Article

69).
Okla. Stat. tit. 44, § 44-909 — OK Code / Title 44 / Section 44-909
Property other than military property - Waste, spoilage,
Status: in_force

or destruction.

ARTICLE 109. Property other than military property-waste,

spoilage, or destruction.

Any person subject to the Oklahoma Uniform Code of Military

Justice who 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 of Oklahoma

or of any other state shall be punished as a court-martial may

direct.
Okla. Stat. tit. 44, § 44-931D — OK Code / Title 44 / Section 44-931D
Wrongful refusal to testify
Status: in_force

ARTICLE 131D. Wrongful refusal to testify.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, in the presence of a court-martial, a board of

officers, a court of inquiry, a preliminary hearing, or an officer

taking a deposition, of or for the State of Oklahoma, wrongfully

refuses to qualify as a witness or to answer a question after having

been directed to do so by the person presiding shall be punished as

a court-martial may direct.
Okla. Stat. tit. 44, § 44-223 — OK Code / Title 44 / Section 44-223
Privilege from arrest
Status: in_force

Active members of the National Guard shall be privileged from

arrest during their attendance at drills, parades, inspections,

encampments, and while on active duty, and in going to and returning

from the same, except in cases of treason, felony and breaches of

the peace.

R.L. 1910, § 3926.
Okla. Stat. tit. 44, § 44-4316 — OK Code / Title 44 / Section 44-4316
Reemployment – Retention of seniority and other rights
Status: in_force

and benefits.

Oklahoma Statutes - Title 44. Militia Page 208

A. A person who is reemployed under the Oklahoma Uniformed

Services Employment and Reemployment Rights Act is entitled to the

seniority and other rights and benefits determined by seniority that

he or she had on the date of the commencement of service in the

state military forces plus the additional seniority and rights and

benefits that he or she would have attained if he or she had

remained continuously employed.

B. 1. Subject to paragraphs 2 through 5 of this subsection, a

person who is absent from a position of employment by reason of

service in the state military forces shall be:

a. deemed to be on furlough or leave of absence while

performing such service, and

b. entitled to other rights and benefits not determined

by seniority as are generally provided by the employer

of the person to employees having similar seniority,

status, and pay who are on furlough or leave of

absence under a contract, agreement, policy, practice,

or plan in effect at the commencement of the service

or established while such person performs the service.

2. a. Subject to subparagraph b of this paragraph, a person

who:

(1) is absent from a position of employment by reason

of service in the state military forces, and

(2) knowingly provides written notice of intent not

to return to a position of employment after

service in the state military forces,

is not entitled to rights and benefits under

subparagraph b of paragraph 1 of this subsection.

b. For the purposes of subparagraph a of this paragraph,

the employer shall have the burden of proving that a

person knowingly provided clear written notice of

intent not to return to a position of employment after

service in the state military forces and, in doing so,

was aware of the specific rights and benefits to be

lost under subparagraph a of this paragraph.

3. A person deemed to be on furlough or leave of absence under

this subsection while serving in the state military forces shall not

be entitled to any benefits under this subsection which he or she

would not otherwise be entitled if he or she had remained

continuously employed.

4. A person may be required to pay the employee cost, if any,

of any funded benefit continued pursuant to paragraph 1 of this

subsection to the extent other employees on furlough or leave of

absence are so required.

5. The entitlement of a person to coverage under a health plan

is provided for under Section 13 of this act.

Oklahoma Statutes - Title 44. Militia Page 209

C. A person who is reemployed by an employer under the Oklahoma

Uniformed Services Employment and Reemployment Rights Act shall not

be discharged from such employment, except for cause:

1. Within one (1) year after the date of reemployment, if his

or her period of service before the reemployment was more than one

hundred eighty (180) days; or

2. Within one hundred eighty (180) days after the date of

reemployment, if his or her period of service before the

reemployment was more than thirty (30) days but less than one

hundred eighty-one (181) days.

D. Any person whose employment is interrupted by a period of

service in the state military forces shall be permitted, upon

request of the person, to use during such period of service any

vacation, annual, or similar leave with pay accrued by the person

before the commencement of such service. No employer may require

any such person to use vacation, annual, or similar leave during the

period of service.

E. 1. An employer shall grant an employee who is a member of

the state military forces an authorized leave of absence from a

position of employment to allow that employee to perform funeral

honors duty as authorized by 10 U.S.C., Section 12503 or 32 U.S.C.,

Section 115.

2. For purposes of paragraph 1 of subsection E of Section 8 of

this act, an employee who takes an authorized leave of absence

pursuant to this subsection is deemed to have notified the employer

of the employee's intent to return to such position of employment.
Okla. Stat. tit. 44, § 44-853A — OK Code / Title 44 / Section 44-853A
Plea agreements
Status: in_force

ARTICLE 53A. Plea agreements.

A. In general.

1. At any time before the announcement of findings under

Section 853 of this title (Article 53), the convening authority and

the accused may enter into a plea agreement with respect to such

matters as:

a. the manner in which the convening authority will

dispose of one or more charges and specifications, and

b. limitations on the sentence that may be adjudged for

one or more charges and specifications.

2. The military judge of a general or special court-martial may

not participate in discussions between the parties concerning

prospective terms and conditions of a plea agreement.

B. Limitation on acceptance of plea agreements. The military

judge of a general or special court-martial shall reject a plea

agreement that:

1. Contains a provision that has not been accepted by both

parties; or

2. Contains a provision that is not understood by the accused.

C. Binding effect of plea agreement. Upon acceptance by the

military judge of a general or special court-martial, a plea

agreement shall bind the parties and the court-martial.
Okla. Stat. tit. 44, § 44-233.2 — OK Code / Title 44 / Section 44-233.2
Agreement with United States
Status: in_force

A. The Adjutant General is hereby authorized and directed to

enter into, in the name of the state, and to take all actions

necessary to execute the terms of a National Guard armory building

construction or expansion, rehabilitation or conversion of existing

building agreements with the United States of America.

B. The Adjutant General is hereby authorized to execute

agreements with the federal government for reimbursement to the

Oklahoma Military Department for the use and operation of Oklahoma

Military Department state-owned vehicles and equipment in support of

Oklahoma Statutes - Title 44. Militia Page 42

the federally reimbursable programs through cooperative agreements

with the National Guard Bureau.
Okla. Stat. tit. 44, § 44-114 — OK Code / Title 44 / Section 44-114
Accounts - Settlement
Status: in_force

Settlement of Accounts. No bills or accounts shall be made by

any officer or enlisted man with a view of their being paid by the

State of Oklahoma unless such expenditure is expressly authorized by

the laws of this state or is authorized by the Adjutant General. No

accounts will be paid unless they are accompanied by vouchers or

receipts showing by whomever paid, or are to be paid, to whom paid,

date of service, authority for, and amount of such expenditure, and

for what purpose the expenditure was made.
Okla. Stat. tit. 44, § 44-928B — OK Code / Title 44 / Section 44-928B
Domestic violence offenses
Status: in_force

Any person subject to the Oklahoma Uniform Code of Military

Justice who:

1. Commits a violent offense against a spouse, an intimate

partner, or an immediate family member of that person;

2. With intent to threaten or intimidate a spouse, an intimate

partner, or an immediate family member of that person, commits an

offense under this chapter against any person or property, including

an animal;

3. With intent to threaten or intimidate a spouse, an intimate

partner, or an immediate family member of that person, violates a

protection order;

4. With intent to commit a violent offense against a spouse, an

intimate partner, or an immediate family member of that person,

violates a protection order; or

5. Assaults a spouse, an intimate partner, or an immediate

family member of that person by strangling or suffocating,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-932 — OK Code / Title 44 / Section 44-932
Retaliation
Status: in_force

ARTICLE 132. Retaliation.

A. In general. Any person subject to the Oklahoma Uniform Code

of Military Justice who, with the intent to retaliate against any

person for reporting or planning to report a criminal offense, or

making or planning to make a protected communication, or with the

intent to discourage any person from reporting a criminal offense or

making or planning to make a protected communication:

1. Wrongfully takes or threatens to take an adverse personnel

action against any person; or

2. Wrongfully withholds or threatens to withhold a favorable

personnel action with respect to any person,

shall be punished as a court-martial may direct.

B. Definitions. In this section:

1. The term "protected communication" means the following:

a. a lawful communication to a Member of Congress or a

Member of the Oklahoma Legislature or an Inspector

General, and

b. a communication to a covered individual or

organization in which a member of the state military

forces complains of, or discloses information that the

member reasonably believes constitutes evidence of,

any of the following:

(1) a violation of law or regulation, including a law

or regulation prohibiting sexual harassment or

unlawful discrimination, or

(2) gross mismanagement, a gross waste of funds, an

abuse of authority, or a substantial and specific

danger to public health or safety;

2. The term "Inspector General" has the meaning given that term

in Section 1034(j) of Title 10 of the United States Code;

3. The term "covered individual or organization" means any

recipient of a communication specified in clauses (i) through (v) of

Section 1034(b)(1)(B) of Title 10 of the United States Code; and

4. The term "unlawful discrimination" means discrimination on

the basis of race, color, religion, sex, or national origin.
Okla. Stat. tit. 44, § 44-899 — OK Code / Title 44 / Section 44-899
Misbehavior before the enemy
Status: in_force

ARTICLE 99. Misbehavior before the enemy.

Any person subject to the Oklahoma Uniform Code of Military

Justice 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 his or her 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 his or her arms or ammunition;

5. Is guilty of cowardly conduct;

6. Quits his or her 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 his or her utmost to encounter,

engage, capture, or destroy any enemy troops, combatants, vessels,

aircraft, or any other thing, which it is his or her 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 of

Oklahoma, or to any other state, when engaged in battle,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-218 — OK Code / Title 44 / Section 44-218
Acceptance or purchase of title to real estate
Status: in_force

The Adjutant General, with the approval of the Governor, is

authorized to accept or purchase, for and in the name of the State

of Oklahoma, acting as trustee for the Oklahoma National Guard,

title to parcels of real estate.
Okla. Stat. tit. 44, § 44-4327 — OK Code / Title 44 / Section 44-4327
Effect of noncompliance of state officials with deadlines
Status: in_force

- Inapplicability of statutes of limitations.

A. Effect of noncompliance of state officials with deadlines.

1. The inability of the Commissioner of Labor or a district

attorney to comply with a deadline applicable to such official under

Section 16 or 17 of this act shall not:

a. affect the authority of the district attorney to

represent and file an action or submit a complaint on

behalf of a person under Section 17 of this act,

b. affect the right of a person to:

(1) commence an action under Section 17 of this act,

or

(2) obtain any type of assistance or relief

authorized by the Oklahoma Uniformed Services

Employment and Reemployment Rights Act,

c. deprive a district court of jurisdiction over an

action or complaint filed by the district attorney or

a person under Section 17 of this act, and

d. constitute a defense, including a statute of

limitations period, that any employer, including state

government, its political subdivisions or a private

employer, may raise in an action filed by the district

attorney or a person under Section 17 of this act.

2. If the Commissioner or the district attorney is unable to

meet a deadline applicable to such official in Section 16 or 17 of

this act, and the complainant agrees to an extension of time, the

Commissioner or the district attorney shall complete the required

action within the additional period of time agreed to by the

complainant.

B. Inapplicability of statutes of limitations. If any person

seeks to file a complaint or claim with the Commissioner of Labor or

a district court alleging a violation of the Oklahoma Uniformed

Services Employment and Reemployment Rights Act, there shall be no

limitation on the period for filing the complaint or claim.
Okla. Stat. tit. 44, § 44-71 — OK Code / Title 44 / Section 44-71
Duty to attend assembly - Refusal of employer to permit
Status: in_force

attendance - Drills, exercises, etc.

It shall be the duty of each commissioned officer and enlisted

person of the Oklahoma National Guard to be present and perform all

the duties required of him or her at each assembly for drill and

instruction, encampment, maneuvers or other exercises, unless

regularly excused by competent authority. Any employer who refuses

to permit an employee who may be a member of the National Guard of

this state to attend any drill, ceremony, exercise, or any duty

which he or she may be legally called upon to perform shall be

guilty of a misdemeanor and upon conviction thereof shall be

punished by a fine of not less than Fifty Dollars ($50.00) nor more

than Two Hundred Dollars ($200.00), or by imprisonment for not less

than ten (10) days, nor more than sixty (60) days in the county

jail, or by both such fine and imprisonment.
Okla. Stat. tit. 44, § 44-931B — OK Code / Title 44 / Section 44-931B
Obstructing justice
Status: in_force

ARTICLE 131B. Obstructing justice.

Any person subject to the Oklahoma Uniform Code of Military

Justice who engages in conduct in the case of a certain person

against whom the accused had reason to believe there were or would

be criminal or disciplinary proceedings pending, with intent to

influence, impede, or otherwise obstruct the due administration of

justice, shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-212 — OK Code / Title 44 / Section 44-212
Deadly force – Immunity from personal liability
Status: in_force

Any officer or enlisted person of the state military forces

acting in the line of duty shall be immune from personal liability

for any acts that include the use of deadly force in self-defense or

in defense of another person from what the member reasonably

believes is the imminent use of unlawful deadly force.
Okla. Stat. tit. 44, § 44-895 — OK Code / Title 44 / Section 44-895
Offenses by sentinel or lookout
Status: in_force

ARTICLE 95. Offenses by sentinel or lookout.

A. Drunk or sleeping on post, or leaving post before being

relieved. Any sentinel or lookout who is drunk on post, who sleeps

on post, or who leaves post before being regularly relieved, shall

be punished, if the offense is committed in time of war, by

confinement of not more than ten (10) years or other punishment as a

court-martial may direct, but if the offense is committed at any

other time, by such punishment as a court-martial may direct.

B. Loitering or wrongfully sitting on post. Any sentinel or

lookout who loiters or wrongfully sits down on post shall be

punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-835 — OK Code / Title 44 / Section 44-835
Service of charges - Commencement of trial
Status: in_force

ARTICLE 35. Service of charges; commencement of trial.

Oklahoma Statutes - Title 44. Militia Page 95

A. In general. Trial counsel detailed for a court-martial

under Section 827 of this title (Article 27) shall cause to be

served upon the accused a copy of the charges and specifications

referred for trial.

B. Commencement of trial.

1. Subject to paragraph 2 of this subsection, no trial or other

proceeding of a general court-martial or a special court-martial,

including any session under subsection A of Section 839 of this

title (Article 39, subsection A) may be held over the objection of

the accused:

a. with respect to a general court-martial, from the time

of service through the fifth day after the date of

service, or

b. with respect to a special court-martial, from the time

of service through the third day after the date of

service.

2. An objection under paragraph 1 of this subsection may be

raised only at the first session of the trial or other proceeding

and only if the first session occurs before the end of the

applicable periods under subparagraph a or b of paragraph 1 of this

subsection. If the first session occurs before the end of the

applicable period, the military judge shall, at that session,

inquire as to whether the defense objects under this subsection.

C. Continuances. Upon a showing of good cause, the military

judge in a general or special court-martial may grant a continuance

of any hearing in which the presence of the accused is required.
Okla. Stat. tit. 44, § 44-890 — OK Code / Title 44 / Section 44-890
Willfully disobeying superior commissioned officer
Status: in_force

ARTICLE 90. Willfully disobeying superior commissioned officer.

Any person subject to the Oklahoma Uniform Code of Military

Justice who willfully disobeys a lawful command of that person's

superior commissioned officer shall be punished, if the offense is

committed in time of declared war, by confinement of not more than

ten (10) years or such other punishment as a court-martial may

direct, and if the offense is committed at any other time, by such

punishment as a court-martial may direct.
Okla. Stat. tit. 44, § 44-827 — OK Code / Title 44 / Section 44-827
Detail of trial counsel and defense counsel
Status: in_force

ARTICLE 27. Detail of trial counsel and defense counsel.

A. 1. Trial counsel and defense counsel shall be detailed for

each general and special court-martial. Assistant trial counsel and

assistant and associate defense counsel may be detailed for each

general and special court-martial. The Adjutant General shall

promulgate regulations providing for the manner in which counsel are

detailed for such courts-martial and for the persons who are

authorized to detail counsel for such courts-martial.

2. No person who, with respect to a case, has served as a

preliminary hearing officer, court member, military judge, military

magistrate, or appellate judge, may later serve as trial counsel,

assistant trial counsel, or, unless expressly requested by the

accused, as defense counsel or assistant or associate 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.

B. Trial counsel, defense counsel, or assistant defense counsel

detailed for a general or a special court-martial:

Oklahoma Statutes - Title 44. Militia Page 88

1. Shall be a judge advocate who is a graduate of an accredited

law school or is a member of the bar of a federal court or of the

highest court of a state; and

2. Shall be certified as competent to perform such duties by

the senior force component judge advocate of the same force

component of the state military forces of which he or she is a

member.

C. Any costs arising from the detailing of a military defense

counsel from a National Guard organization other than the Oklahoma

National Guard may be reimbursed out of funds available in the

Military Justice Fund established in Section 941 of this title.
Okla. Stat. tit. 44, § 44-192 — OK Code / Title 44 / Section 44-192
Rules and procedures for establishing and awarding medals,
Status: in_force

ribbons, and certificates.

The Adjutant General is authorized to establish, design and

award, without regard to military status, state military medals,

ribbons, certificates, or any other awards or decorations and

prescribe by policy the applicable rules and procedures.

Oklahoma Statutes - Title 44. Militia Page 30
Okla. Stat. tit. 44, § 44-4319 — OK Code / Title 44 / Section 44-4319
Liability of controlling Oklahoma employer of foreign
Status: in_force

entity - Applicability to foreign employer.

A. Liability of controlling Oklahoma employer of foreign

entity. If an employer controls an entity that is incorporated or

otherwise organized in a foreign country, any denial of employment,

reemployment, or benefit by such entity shall be presumed to be by

the employer.

B. Applicability to foreign employer. This section shall not

apply to foreign operations of an employer that is a foreign person

not controlled by an Oklahoma employer, except that any employer

conducting business in Oklahoma, even a foreign entity not

registered with the Oklahoma Secretary of State, or any employer

with employees working in Oklahoma shall be subject to this act.

C. Determination of controlling employer. For purposes of this

section, the determination of whether an employer controls an entity

shall be based upon the interrelations of operations, common

management, centralized control of labor relations, and common

ownership or financial control of the employer and the entity.

D. Exemption. Notwithstanding any other provision of this

section, an employer, or an entity controlled by an employer, shall

be exempt from compliance with Sections 7 through 14 of this act

with respect to an employee in a workplace in a foreign country, if

compliance would cause the employer or entity controlled by an

employer, to violate the law of the foreign country in which the

workplace is located.
Okla. Stat. tit. 44, § 44-920D — OK Code / Title 44 / Section 44-920D
Fraternization
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 165

ARTICLE 120D. Fraternization.

Any person subject to the Oklahoma Uniform Code of Military

Justice who is a commissioned officer, warrant officer or

noncommissioned officer and:

1. Who fraternizes on terms of military equality with one or

more certain enlisted members in a certain manner;

2. Who then knows the person or persons to be an enlisted

person or persons;

3. Who, through such fraternization, knowingly violates the

customs of the United States Army, if a member of the army component

of the state military forces, or the customs of the United States

Air Force, if a member of the air force component of the state

military forces, that officers shall not fraternize with enlisted

members on terms of equality; and

4. Under the circumstances, the conduct of the accused was to

the prejudice of good order and discipline in the state military

forces or was of a nature to bring discredit upon the state military

forces,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-940 — OK Code / Title 44 / Section 44-940
Delegation by the Governor
Status: in_force

ARTICLE 140. Delegation by the Governor.

The Governor may delegate any authority vested in the Governor

under the Oklahoma Uniform Code of Military Justice, and provide for

the subdelegation of any such authority, except the powers given the

Governor by Section 822 and subsection K of Section 815 of this

title (Article 22 and Article 15, subsection K). Any delegations of

authority carried out pursuant to this section shall be published as

an executive order which the Adjutant General shall also cause to be

published as a military publication.
Okla. Stat. tit. 44, § 44-846 — OK Code / Title 44 / Section 44-846
Opportunity to obtain witnesses and other evidence in
Status: in_force

trials by court-martial.

ARTICLE 46. Opportunity to obtain witnesses and other evidence

in trials by court-martial.

A. Opportunity to obtain witnesses and other evidence. In a

case referred for trial by court-martial, the trial counsel, the

defense counsel, and the court-martial shall have equal opportunity

to obtain witnesses and other evidence in accordance with such

regulations as may be promulgated by the Adjutant General.

B. Subpoena and other process generally. Any subpoena or other

process issued under this section:

1. Shall be similar to that which courts of the State of

Oklahoma having criminal jurisdiction may issue pursuant to Title 22

of the Oklahoma Statutes;

2. Shall be executed in accordance with regulations promulgated

by the Adjutant General; and

3. Shall run to any part of the State of Oklahoma.

Oklahoma Statutes - Title 44. Militia Page 104

C. Subpoena and other process for witnesses. A subpoena or

other process may be issued to compel a witness to appear and

testify:

1. Before a court-martial or court of inquiry;

2. At a deposition under Section 849 of this title (Article

49); or

3. As otherwise authorized under the Oklahoma Uniform Code Of

Military Justice.

D. Subpoena and other process for evidence.

1. In general. A subpoena or other process may be issued to

compel the production of evidence:

a. for a court-martial or court of inquiry,

b. for a deposition under Section 849 of this title

(Article 49),

c. for an investigation of an offense under the Code, or

d. as otherwise authorized under the Code.

2. Investigative subpoena. An investigative subpoena under

subparagraph c of paragraph 1 of this subsection may be issued

before referral of charges to a court-martial only if a general

court-martial convening authority has authorized counsel for the

government to issue such a subpoena, or a military trial judge

issues such a subpoena pursuant to subsection A of Section 830 of

this title (Article 30, subsection A), or a military magistrate

issues such a subpoena pursuant to subparagraph a of paragraph 1 of

subsection A of Section 17 of this act (Article 30A, subsection A,

paragraph 1, subparagraph a).

3. Warrant or order for wire or electronic communications.

With respect to an investigation of an offense under the Code, a

military trial judge detailed in accordance with Section 826 or

subsection A of Section 830 of this title (Article 26 or Article 30,

subsection A) may issue warrants or court orders for the contents

of, and records concerning, wire or electronic communications in the

same manner as such warrants and orders may be issued by a district

court of the State of Oklahoma under the provisions of Title 22 of

the Oklahoma Statutes, subject to such limitations as may be

prescribed by regulations promulgated by the Adjutant General. No

military magistrate detailed or retained under Section 17 of this

act (Article 30A) shall issue warrants or court orders for the

contents of, and records concerning, wire or electronic

communications.

E. Request for relief from subpoena or other process. If a

person requests relief from a subpoena or other process under this

section (article) on grounds that compliance is unreasonable or

oppressive or is prohibited by law, a military trial judge detailed

in accordance with Section 826 or subsection A of Section 830 of

this title (Article 26 or Article 30, subsection A) shall review the

request and shall:

Oklahoma Statutes - Title 44. Militia Page 105

1. Order that the subpoena or other process be modified or

withdrawn, as appropriate; or

2. Order the person to comply with the subpoena or other

process.
Okla. Stat. tit. 44, § 44-113 — OK Code / Title 44 / Section 44-113
Seizure and report of property illegally possessed, etc
Status: in_force

Officers must report illegal disposition of property. All civil

peace officers, all commissioned and noncommissioned officers of the

Oklahoma Statutes - Title 44. Militia Page 27

National Guard are enjoined to seize immediately all military

property found in the possession of any person who is not the legal

custodian or owner of said property, or from any person who shall

secrete, sell, dispose of, offer for sale, purchase, or retain said

military property after demand has been made upon said person or

persons for the return of said military property, and said civil

peace officers, commissioned and noncommissioned officers of the

National Guard shall make due report of his action to the Adjutant

General of the state.
Okla. Stat. tit. 44, § 44-860 — OK Code / Title 44 / Section 44-860
Posttrial processing in general and special courts-
Status: in_force

martial.

ARTICLE 60. Posttrial processing in general and special courts-

martial.

A. Statement of trial results.

1. The military judge of a general or special court-martial

shall enter into the record of trial a document entitled "Statement

of Trial Results", which shall set forth:

a. each plea and finding,

b. the sentence, if any, and

c. such other information as the Adjutant General may

prescribe by regulation.

2. Copies of the Statement of Trial Results shall be provided

promptly to the convening authority, the accused, and any victim of

the offense.

Oklahoma Statutes - Title 44. Militia Page 120

B. Posttrial motions. In accordance with regulations

prescribed by the Adjutant General, the military judge in a general

or special court-martial shall address all posttrial motions and

other posttrial matters that:

1. May affect a plea, a finding, the sentence, the Statement of

Trial Results, the record of trial, or any posttrial action by the

convening authority; and

2. Are subject to resolution by the military judge before entry

of judgment.
Okla. Stat. tit. 44, § 44-235 — OK Code / Title 44 / Section 44-235
Creation of Oklahoma National Guard Museum
Status: in_force

There is hereby created the Oklahoma National Guard Museum, to

be under the supervision of the Adjutant General. The Adjutant

General may appoint an Executive Director to oversee the daily

operations and maintenance of the museum and perform other duties as

requested by the Adjutant General. Appropriate state agencies are

directed to make available, for display of items of historical

significance and necessary space for administration, the buildings

presently occupied by the Oklahoma Military Department, located in

the vicinity of 36th Street and North Eastern in Oklahoma City,

Oklahoma. The building herein referred to shall be made available

Oklahoma Statutes - Title 44. Militia Page 46

by the Adjutant General as soon as same is no longer needed by and

is vacated by the Oklahoma Military Department. The Executive

Director, subject to the approval of the Adjutant General, may lease

to the 45th Infantry Division Association, for periods not exceeding

one (1) year and with provisions for renewal from year to year, an

area to be used as a gift shop, if the lease does not interfere with

its use by the Oklahoma National Guard Museum. The proceeds of the

sales from the gift shop shall remain with the 45th Infantry

Division Association for operating purposes.
Okla. Stat. tit. 44, § 44-910 — OK Code / Title 44 / Section 44-910
Improper hazarding of vessel or aircraft
Status: in_force

ARTICLE 110. Improper hazarding of vessel or aircraft.

A. Willful and wrongful hazarding. Any person subject to the

Oklahoma Uniform Code of Military Justice who, willfully and

wrongfully, hazards or suffers to be hazarded any vessel or aircraft

of the armed forces of the United States, the state military forces,

or of the military forces of any other state shall be punished as a

court-martial may direct.

B. Negligent hazarding. Any person subject to the Code who

negligently hazards or suffers to be hazarded any vessel or aircraft

of the armed forces of the United States, the state military forces,

or of the military forces of any other state shall be punished as a

court-martial may direct.
Okla. Stat. tit. 44, § 44-941 — OK Code / Title 44 / Section 44-941
Payment of fees, costs and expenses - Military Justice
Status: in_force

Fund.

A. The fees and authorized travel expenses of all witnesses,

experts, victims, court reporters, and interpreters, fees for the

service of process, the costs of collection, apprehension, detention

and confinement, and all other necessary expenses of prosecution and

the administration of military justice, not otherwise payable by any

other source, shall be paid out of the Military Justice Fund.

B. For the foregoing purposes, there is created in the State

Treasury a fund to be designated the Military Justice Fund that

shall be administered by the Adjutant General, from which expenses

of military justice shall be paid in the amounts and manner as

prescribed by law. The Legislature may appropriate and have

deposited in the Military Justice Fund such funds as it deems

necessary to carry out the purposes of this code.
Okla. Stat. tit. 44, § 44-939 — OK Code / Title 44 / Section 44-939
Redress of injuries to property
Status: in_force

ARTICLE 139. Redress of injuries to property.

A. Whenever a complaint is made to any commanding officer that

willful damage has been done to the property of any person or that

the person's property has been wrongfully taken by members of the

Oklahoma Statutes - Title 44. Militia Page 176

state military forces, the commanding officer, under such

regulations promulgated by the Adjutant General, shall 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, 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

that officer shall be charged against the pay of the offenders. The

order of the commanding officer directing charges herein authorized

is conclusive on any disbursing officer for payment to the injured

parties of the damages so assessed and approved.

B. 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 made in such

proportion as may be considered just upon the individual members

thereof who are shown to have been present at the scene at the time

the damages complained of were inflicted, as determined by the

approved findings of the board.
Okla. Stat. tit. 44, § 44-931 — OK Code / Title 44 / Section 44-931
Perjury
Status: in_force

ARTICLE 131. Perjury.

Any person subject to the Oklahoma Uniform Code of Military

Justice who in a judicial proceeding or court of inquiry or in a

course of justice willfully and corruptly:

1. Upon a lawful oath or in any form allowed by law to be

substituted for an oath, gives any false testimony material to the

issue or matter of inquiry; or

Oklahoma Statutes - Title 44. Militia Page 170

2. In any declaration, certificate, verification, or statement

under penalty of perjury subscribes any false statement material to

the issue or matter of inquiry,

is guilty of perjury and shall be punished as a court-martial may

direct.
Okla. Stat. tit. 44, § 44-834 — OK Code / Title 44 / Section 44-834
Advice to convening authority before referral for trial
Status: in_force

ARTICLE 34. Advice to convening authority before referral for

trial.

A. General court-martial.

Oklahoma Statutes - Title 44. Militia Page 94

1. Staff judge advocate advice required before referral.

Before referral of charges and specifications to a general court-

martial for trial, the convening authority shall submit the matter

to the staff judge advocate for advice, which the staff judge

advocate shall provide to the convening authority in writing. The

convening authority may not refer a specification under a charge to

a general court-martial unless the staff judge advocate advises the

convening authority in writing that:

a. the specification alleges an offense under the

Oklahoma Uniform Code of Military Justice,

b. there is probable cause to believe that the accused

committed the offense charged, and

c. a court-martial would have jurisdiction over the

accused and the offense.

2. Staff judge advocate recommendation as to disposition.

Together with the written advice provided under paragraph 1 of this

subsection, the staff judge advocate shall provide a written

recommendation to the convening authority as to the disposition that

should be made of the specification in the interest of justice and

discipline.

3. Staff judge advocate advice and recommendation to accompany

referral. When a convening authority makes a referral for trial by

general court-martial, the written advice of the staff judge

advocate under paragraph 1 of this subsection and the written

recommendation of the staff judge advocate under paragraph 2 of this

subsection with respect to each specification shall accompany the

referral.

B. Special court-martial; convening authority consultation with

judge advocate. Before referral of charges and specifications to a

special court-martial for trial, the convening authority shall

consult a judge advocate on relevant legal issues.

C. General and special courts-martial; correction of charges

and specifications before referral. Before referral for trial by

general court-martial or special court-martial, changes may be made

to charges and specifications:

1. To correct errors in form; and

2. When applicable, to conform to the substance of the evidence

contained in a report under subsection C of Section 832 of this

title (Article 32, subsection C).

D. Referral defined. In this section, the term "referral"

means the order of a convening authority that charges and

specifications against an accused be tried by a specified court-

martial.
Okla. Stat. tit. 44, § 44-4314 — OK Code / Title 44 / Section 44-4314
Reemployment - Director of Human Capital Management of
Status: in_force

the Office of Management and Enterprise Services duties.

A. Except as provided in subsections B, C and D of this

section, if a person is entitled to reemployment by the state

government under Section 8 of this act, he or she shall be

reemployed in a position of employment as described in Section 9 of

this act.

B. 1. If the Director of Human Capital Management of the

Office of Management and Enterprise Services makes a determination

described in paragraph 2 of this subsection with respect to a person

who was employed by a state agency at the time he or she entered the

state military forces from which he or she seeks reemployment under

this section, the Director shall:

a. identify a position of like seniority, status, and pay

at another state agency that satisfies the

requirements of Section 9 of this act and for which

the person is qualified, and

b. ensure that the person is offered such a position.

2. The Director shall carry out the duties in subparagraphs a

and b of paragraph 1 of this subsection if the Director determines

that:

a. the state agency that employed the person no longer

exists and the functions of the agency have not been

transferred to another state agency, or

b. it is impossible or unreasonable for the agency to

reemploy the person.

C. If the employer of a person described in subsection A of

this section was, at the time the person entered the state military

forces from which the person seeks reemployment under this section,

a part of the judicial branch or the legislative branch of the state

and the employer determines that it is impossible or unreasonable

for the employer to reemploy the person, the person shall, upon

application to the Director of Human Capital Management of the

Office of Management and Enterprise Services, be ensured an offer of

Oklahoma Statutes - Title 44. Militia Page 206

employment in an alternative position in a state agency on the basis

described in subsection B of this section.

D. If the Adjutant General determines it is impossible or

unreasonable to reemploy a person who was a National Guard

technician employed under 32 U.S.C., Section 709, the person shall,

upon application to the Director of Human Capital Management of the

Office of Management and Enterprise Services, be ensured an offer of

employment in an alternative position in a state agency on the basis

described in subsection B of this section.
Okla. Stat. tit. 44, § 44-889 — OK Code / Title 44 / Section 44-889
Disrespect toward superior commissioned officer - Assault of superior commissioned
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 6

Oklahoma Statutes - Title 44. Militia Page 7

Oklahoma Statutes - Title 44. Militia Page 8

Oklahoma Statutes - Title 44. Militia Page 9

Oklahoma Statutes - Title 44. Militia Page 10

Oklahoma Statutes - Title 44. Militia Page 11

Oklahoma Statutes - Title 44. Militia Page 12

Oklahoma Statutes - Title 44. Militia Page 13of superior commissioned officer.

ARTICLE 89. Disrespect toward superior commissioned officer;

assault of superior commissioned officer.

A. Disrespect. Any person subject to the Oklahoma Uniform Code

of Military Justice who behaves with disrespect toward that person's

superior commissioned officer shall be punished as a court-martial

may direct.

B. Assault. Any person subject to the Code who strikes that

person's superior commissioned officer or draws or lifts up any

weapon or offers any violence against that officer while the officer

is in the execution of the officer's office shall be punished, if

the offense is committed in time of declared war, by confinement of

not more than ten (10) years or such other punishment as a court-

martial may direct, and if the offense is committed at any other

time, by such punishment as a court-martial may direct.
Okla. Stat. tit. 44, § 44-931F — OK Code / Title 44 / Section 44-931F
Noncompliance with procedural rules
Status: in_force

ARTICLE 131F. Noncompliance with procedural rules.

Any person subject to the Oklahoma Uniform Code of Military

Justice who:

1. Is responsible for unnecessary delay in the disposition of

any case of a person accused of an offense under the Code; or

2. Knowingly and intentionally fails to enforce or comply with

any provision of the Code regulating the proceedings before, during,

or after trial of an accused,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-49 — OK Code / Title 44 / Section 44-49
Application of Army customs - Regulations and usage
Status: in_force

All matters relating to organization, commissioning and

discharging of officers, enlisting and discharge of enlisted men,

discipline, and government of the National Guard, not otherwise

Oklahoma Statutes - Title 44. Militia Page 23

provided in this code, shall be decided by the customs, regulations,

and usage of the United States Army or the United States Air Force

or National Guard regulations.
Okla. Stat. tit. 44, § 44-893A — OK Code / Title 44 / Section 44-893A
Prohibited activities with military recruit or trainee by
Status: in_force

person in position of special trust.

ARTICLE 93A. Prohibited activities with military recruit or

trainee by person in position of special trust.

A. Abuse of training leadership position. Any person subject

to the Oklahoma Uniform Code of Military Justice:

1. Who is an officer, or a noncommissioned officer;

2. Who is in a training leadership position with respect to a

specially protected junior member of the state military forces; and

3. Who engages in prohibited sexual activity with such

specially protected junior member of the state military forces,

shall be punished as a court-martial may direct.

Oklahoma Statutes - Title 44. Militia Page 148

B. Abuse of position as military recruiter. Any person subject

to the Code:

1. Who is a military recruiter and engages in prohibited sexual

activity with an applicant for military service; or

2. Who is a military recruiter and engages in prohibited sexual

activity with a specially protected junior member of the state

military forces who is enlisted under a delayed entry program,

shall be punished as a court-martial may direct.

C. Consent. Consent is not a defense for any conduct at issue

in a prosecution under this section (article).

D. Definitions. In this section (article):

1. Specially protected junior member of the state military

forces. The term "specially protected junior member of the state

military forces" means:

a. a member of the state military forces who is assigned

to, or is awaiting assignment to, basic training or

other initial active duty for training, including a

member who is enlisted under a delayed entry program,

b. a member of the state military forces who is a cadet,

an officer candidate, or a student in any other

officer qualification program, and

c. a member of the state military forces in any program

that, by regulation prescribed by the Secretary of the

Army or the Secretary of the Air Force or the Adjutant

General, is identified as a training program for

initial career qualification;

2. Training leadership position. The term "training leadership

position" means, with respect to a specially protected junior member

of the state military forces, any of the following:

a. any drill instructor position or other leadership

position in a basic training program, an officer

candidate school, a reserve officers' training corps

unit, a training program for entry into the state

military forces, or any program that, by regulation

prescribed by the Secretary of the Army or the

Secretary of the Air Force or the Adjutant General,

and

b. faculty and staff of any officer candidate school

organized under the authority of the Adjutant General;

3. Applicant for military service. The term "applicant for

military service" means a person who, under regulations prescribed

by the Secretary of the Army or the Secretary of the Air Force or

the Adjutant General, is an applicant for original enlistment or

appointment in the state military forces;

4. Military recruiter. The term "military recruiter" means a

person who, under regulations prescribed by the Secretary of the

Army or the Secretary of the Air Force or the Adjutant General, has

Oklahoma Statutes - Title 44. Militia Page 149

the primary duty to recruit persons for service in the state

military forces; and

5. Prohibited sexual activity. The term "prohibited sexual

activity" means, as specified in regulations prescribed by the

Secretary of the Army or the Secretary of the Air Force or the

Adjutant General, inappropriate physical intimacy under

circumstances described in such regulations.
Okla. Stat. tit. 44, § 44-233.7 — OK Code / Title 44 / Section 44-233.7
Oklahoma Military Department Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Military Department to be designated the "Oklahoma

Military Department Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

any monies received by the Oklahoma Military Department from the

sale of surplus property, fees and receipts collected pursuant to

the Oklahoma Open Records Act, interagency reimbursements, federal

funds unless otherwise provided by federal law or regulation, gifts,

bequests, contributions, devises, any other source, and the proceeds

of property sold or otherwise disposed of pursuant to the provisions

of subsection B of Section 233.3 of this title. All monies accruing

to the credit of said fund are hereby appropriated and may be

budgeted and expended by the Oklahoma Military Department for

construction, repairs, and maintenance, equipment for facilities of

the Oklahoma National Guard, or for operating expenses of the

Oklahoma Military Department. Expenditures from said fund shall be

made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment. All

monies in the fund may, at the direction of the Adjutant General, be

Oklahoma Statutes - Title 44. Militia Page 44

invested by the State Treasurer in accordance with state investment

practices. All earnings attributable to such investments shall

likewise accrue to the credit of the fund.
Okla. Stat. tit. 44, § 44-892 — OK Code / Title 44 / Section 44-892
Failure to obey order or regulation
Status: in_force

ARTICLE 92. Failure to obey order or regulation.

Any person subject to the Oklahoma Uniform Code of Military

Justice who:

1. Violates or fails to obey any lawful general order or

regulation;

2. Having knowledge of any other lawful order issued by a

member of the state military forces, which it is his or her duty to

obey, fails to obey the order; or

3. Is derelict in the performance of his or her duties,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-837 — OK Code / Title 44 / Section 44-837
Unlawfully influencing action of court
Status: in_force

ARTICLE 37. Unlawfully influencing action of court.

A. No authority convening a general, special, or summary court-

martial nor any other commanding officer, or officer serving on the

staff thereof, shall 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 its or his or her functions in the conduct of the

proceeding. No person subject to the Oklahoma Uniform Code of

Military Justice shall attempt to coerce or, by an 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 his or her judicial acts. The

foregoing provisions of this subsection 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.

B. 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 a member of the state

military forces, or in determining whether a member of the state

military forces should be retained, no person subject to the 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 of

the state military forces because of the zeal with which such

member, as counsel, represented any accused before a court-martial.
Okla. Stat. tit. 44, § 44-4321 — OK Code / Title 44 / Section 44-4321
Assistance from Commissioner of Labor
Status: in_force

The Commissioner of Labor shall provide assistance to any person

regarding the employment and reemployment rights and benefits which

the person is entitled to under the Oklahoma Uniformed Services

Employment and Reemployment Rights Act. In providing assistance,

the Commissioner may request assistance from existing federal and

state agencies engaged in similar or related activities and utilize

the assistance of volunteers.
Okla. Stat. tit. 44, § 44-806 — OK Code / Title 44 / Section 44-806
Judge advocates
Status: in_force

ARTICLE 6. Judge advocates.

A. Designation of State Judge Advocate and senior force

component judge advocate. The Adjutant General shall designate in

writing a State Judge Advocate from among the judge advocates duly

commissioned in the state military forces. Regardless of rank, the

State Judge Advocate shall be considered the senior force component

judge advocate in the force component of which he or she is a

member. Unless such authority is delegated in accordance with

subsection B or C of Section 25 of this title, the Adjutant General

shall also designate in writing a senior force component judge

advocate in the military force component of which the judge advocate

designated as the State Judge Advocate is not a member.

B. Inspections. The senior force component judge advocates in

each of the state's military force components or those judge

advocates' delegates shall make frequent inspections in the field in

supervision of the administration of military justice in that force

component.

C. Communication. Convening authorities shall at all times

communicate directly with their judge advocates in matters relating

to the administration of military justice. The judge advocate of

any command is entitled to communicate directly with the judge

advocate of a superior or subordinate command, or with the State

Judge Advocate.

D. Limitations due to prior capacity. No person who, with

respect to a case, serves in a capacity specified in subsection E of

this section may later serve as a judge advocate to any reviewing or

convening authority upon the same case.

E. Conflicts of interest. The capacities referred to in

subsection D of this section are, with respect to the case involved,

any of the following:

1. Preliminary hearing officer, court member, military trial

judge, military magistrate, or appellate military judge; or

2. Counsel who have acted in the same case or appeared in any

proceeding before a military trial judge, preliminary hearing

officer, or appellate court.

F. Duties. The senior force component judge advocate of each

force component within the state military forces shall oversee the

Oklahoma Statutes - Title 44. Militia Page 67

following functions among the judge advocates and paralegals in

their respective force components:

1. Recruitment and accession of new recruits;

2. Retention;

3. Education and training;

4. Career development and progression; and

5. Decoration.

G. Assignment of legal personnel. The senior force component

judge advocate of each force component within the state military

forces shall determine the place of duty and frequency of

reassignment among the major commands in their respective force

components for each judge advocate and paralegal.

H. Legal counsel. The State Judge Advocate shall provide legal

counsel to the Adjutant General and, as requested, to the other

senior leaders of the state military forces. The State Judge

Advocate shall ensure that the Adjutant General receives legal

counsel from the senior force component judge advocate of the force

component of which the Adjutant General is not a member on matters

relevant to that force component.
Okla. Stat. tit. 44, § 44-842 — OK Code / Title 44 / Section 44-842
Oaths
Status: in_force

ARTICLE 42. Oaths.

A. Before performing their respective duties, military judges,

members of general and special courts-martial, trial counsel,

assistant trial counsel, defense counsel, assistant or associate

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 regulations promulgated by the Adjutant General. These

regulations may provide that an oath to perform faithfully duties as

a military judge, trial counsel, assistant trial counsel, defense

counsel, or assistant or associate 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 an oath is taken it

need not again be taken at the time the judge advocate, or other

person is detailed to that duty.

B. Each witness before a court-martial shall be examined on

oath.
Okla. Stat. tit. 44, § 44-72 — OK Code / Title 44 / Section 44-72
Ordering into active service
Status: in_force

It shall be the duty of the Governor, and he or she is

authorized and required, in case of war, invasion, insurrection, or

breach of the peace or imminent danger thereof or any forcible

obstructing of the execution of the laws or reasonable apprehension

thereof, or an imminent or existing epidemic or pandemic, and at all

other times he or she may deem necessary, to order on state active

duty the National Guard or any part thereof. No member thereof who

shall be ordered out for such state active duty shall be liable for

civil prosecution for any act done by him or her in the discharge of

his or her military duty on such occasions.
Okla. Stat. tit. 44, § 44-913 — OK Code / Title 44 / Section 44-913
Reserved
Status: reserved

Oklahoma Statutes - Title 44. Militia Page 158

RESERVED.
Okla. Stat. tit. 44, § 44-886 — OK Code / Title 44 / Section 44-886
Absence without leave
Status: in_force

ARTICLE 86. Absence without leave.

Any member of the state military forces who, without authority:

1. Fails to go to his or her appointed place of duty at the

time prescribed;

2. Goes from that place; or

3. Absents himself or herself or remains absent from his or her

unit, organization, or place of duty at which he or she is required

to be at the time prescribed,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-4331 — OK Code / Title 44 / Section 44-4331
Authority to prescribe regulations
Status: in_force

A. The Commissioner of Labor, in consultation with the Adjutant

General, may prescribe regulations implementing the provisions of

the Oklahoma Uniformed Services Employment and Reemployment Rights

Act as it applies to state government, political subdivisions, and

private employers.

B. The Director of Human Capital Management of the Office of

Management and Enterprise Services, in consultation with the

Commissioner of Labor and the Adjutant General, may prescribe

Oklahoma Statutes - Title 44. Militia Page 217

regulations implementing the provisions of the Oklahoma Uniformed

Services Employment and Reemployment Rights Act as it applies to

state agencies as employers. The regulations shall be consistent

with regulations pertaining to political subdivisions and private

employers, except that state employees may be given greater or

additional rights.
Okla. Stat. tit. 44, § 44-876 — OK Code / Title 44 / Section 44-876
Finality of proceedings, findings, and sentences
Status: in_force

ARTICLE 76. Finality of proceedings, findings, and sentences.

The appellate review of records of trial provided by the

Oklahoma Uniform Code of Military Justice, the proceedings,

findings, and sentences of courts-martial as approved, reviewed, or

affirmed as required by the Code, and all dismissals and discharges

carried into execution under sentences by courts-martial following

approval, review, or affirmation as required by the 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 of

Oklahoma, subject only to action upon a petition for a new trial as

provided in Section 873 of this title (Article 73) and to action by

the Adjutant General as provided in Section 874 of this title

(Article 74) and the authority of the Governor.