Okla. Stat. tit. 44, § 44-801 — OK Code / Title 44 / Section 44-801
Definitions
Status: in_force

ARTICLE 1. Definitions.

A. As used in the Oklahoma Uniform Code of Military Justice,

unless the context otherwise requires:

1. "Accuser" means a person who signs and swears to charges,

any person who directs that charges nominally be signed and sworn to

by another, and any other person who has an interest other than an

official interest in the prosecution of the accused;

2. "Adjutant General" means the commander and most senior

military officer of the Oklahoma National Guard appointed by the

Governor with the advice and consent of the Senate. The Adjutant

General exercises command and control over the Oklahoma National

Guard when it is not activated for federal duty under Title 10 of

the United States Code. The Adjutant General serves as the

executive and administrative head of the Military Department of the

State of Oklahoma as provided for in Section 21 of this title;

3. "Administrative control (ADCON)" means the control or

exercise of authority over subordinate units and other organizations

or units with respect to administration and support, including

control of resources and equipment, personnel management, unit

logistics, individual and unit training, readiness, mobilization,

demobilization and other matters not included in the operational

missions of the subordinate units or other organizations or units.

Lawfully issued orders implementing administrative control may

incorporate references to the Oklahoma Uniform Code of Military

Justice (OUCMJ) for disciplinary purposes;

4. "Allowance" means an amount of money provided to members of

the state military forces when adequate services or facilities are

not provided by the military. Allowances are usually provided tax-

free for basic housing, basic subsistence, cost of living, clothing

expenses and separation from family members;

5. "Arrest in quarters" means moral restraint, as opposed to

physical restraint, limiting the liberty of an officer. The limits

of arrest in quarters are set by the authority imposing nonjudicial

punishment and may extend beyond the physical quarters of an

officer;

6. "Assistant Adjutant General" means a brigadier general

appointed by the Governor to assist the Adjutant General in the

discharge and performance of his or her duties. An Assistant

Adjutant General is a staff officer who shall meet the

qualifications prescribed by law for the Adjutant General. Multiple

Assistant Adjutants General may be appointed pursuant to law, custom

or National Guard regulations;

7. "Cadet" or "officer candidate" means a person who is

enrolled in or attending a state military academy, a regional

Oklahoma Statutes - Title 44. Militia Page 58

training institute, or any other formal education program for the

purpose of becoming a commissioned officer in the state military

forces;

8. "Classified information" means:

a. any information or material that has been determined

pursuant to federal law, by an Executive Order issued

by the President in execution of federal law, or a

lawfully promulgated federal regulation, to require

protection against unauthorized disclosure for reasons

of national security and that is so designated, and

b. any restricted data, as defined in Section 11(y) of

the Atomic Energy Act of 1954 (42 U.S.C., Section

2014(y));

9. "Code" means the Oklahoma Uniform Code of Military Justice

(OUCMJ);

10. "Command authority" means the authority that a commander

lawfully exercises over subordinates by virtue of rank or

assignment. Disciplinary authority under the OUCMJ is inherent to

command authority;

11. "Commander" means a designated commissioned officer vested

with command authority pursuant to law, regulation, assignment,

lawful order or custom;

12. "Commanding officer" includes only commissioned officers of

the state military forces and shall include officers in charge only

when administering nonjudicial punishment under Section 815 of this

title (Article 15). "Commander" has the same meaning as "commanding

officer" unless the context otherwise requires;

13. "Component" means one of two constituent parts that make up

the state military forces, namely the army force responsible for

land-based operations and the air force responsible for aerial

operations and related support activities;

14. "Confidential information" means any information or

material that shall be designated as confidential pursuant to

Section 24A.27 of Title 51 of the Oklahoma Statutes and any

information or material that may be kept confidential pursuant to

Section 24A.28 of Title 51 of the Oklahoma Statutes that has not

previously been released by an appropriate authority;

15. "Convening authority" includes, in addition to the person

who convened the court, a commissioned officer commanding for the

time being or a successor in command to the convening authority;

16. "Day" means calendar day and is not synonymous with the

term "unit training assembly". Any punishment authorized by this

act which is measured in terms of days shall, when served in a

status other than annual field training, be construed to mean

succeeding duty days;

17. "Court of Criminal Appeals" means the Oklahoma Court of

Criminal Appeals, the highest court in the State of Oklahoma with

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appellate jurisdiction in criminal cases. It is the court of last

resort for courts-martial conducted under the Code;

18. "Duty status" means duty in the state military forces under

an order issued by authority of law, and includes travel to and from

such duty;

19. "Enlisted member" means a person in an enlisted grade;

20. "Fatigue duty" means general labor performed by members of

the state military forces when unarmed, including but not limited to

cleaning, digging, loading, organizing, etc.;

21. "Fine" means a type of punishment that makes a member

pecuniarily liable to the State of Oklahoma for the amounts

specified by nonjudicial punishment or adjudged by a court-martial.

A fine may be paid in cash by a member, collected by deduction from

the current pay of a member or collected by deduction on settlement

of the pay account of a member upon discharge;

22. "Forfeiture" means a loss of monetary compensation provided

to members of the Oklahoma National Guard or Oklahoma State Guard

for performance of military duties as a result of nonjudicial

punishment or as adjudged by a court-martial. A forfeiture is

applicable to basic pay and allowances if total forfeitures of pay

and allowances are specifically adjudged by a general court-martial;

provided, that forfeitures other than total forfeitures shall not

apply to special pay, other than hardship duty pay, or proficiency

or incentive pay;

23. "Grade" means a step or degree in a graduated scale of

office or military rank which is established and designated as a

grade by law or regulation;

24. "Installation commander" means a commissioned officer

responsible for the protection of assigned forces and assets,

lodging, dining and administrative reporting, regardless of the

command relations of the various types of forces present on the

installation. For purposes of this definition, an installation is

an Armed Forces Reserve Center, air base, armory, camp, post,

readiness center, office building, the joint forces headquarters or

other facility, location, structure or property so designated as an

"installation" by the Adjutant General;

25. "Joint forces headquarters" means the joint headquarters

provided for and established in Section 21 of this title;

26. "Judge advocate" means a commissioned officer of the

organized state military forces who is a member in good standing of

the bar of the highest court of a state, and is certified or

designated as a judge advocate in the Judge Advocate General's Corps

of the Army or the Air Force, or a reserve component of the same;

27. "Major command" means the 45th Infantry Brigade Combat

Team, the 45th Field Artillery Brigade, the 90th Troop Command, the

137th Special Operations Wing, the 138th Fighter Wing, the joint

forces headquarters and any successor organizations to the major

Oklahoma Statutes - Title 44. Militia Page 60

commands named herein. The Adjutant General, in his or her

discretion, may designate other military units within the Oklahoma

National Guard as major commands;

28. "May" is used in a permissive sense. The phrase "no person

may" means that no person is required, authorized, or permitted to

do the act prescribed;

29. "Military appellate judge" means a judicial officer who is

a member of the Military Court of Appeals and is nominated and

appointed in accordance with Section 866 of this title (Article 66);

30. "Military court" means a court-martial or a court of

inquiry;

31. "Military Court of Appeals" means the intermediate

appellate court of record established in Section 866 of this title

(Article 66) and charged with conducting an appellate review of

questions of law arising from general and special courts-martial

proceedings conducted by the state military forces and, when

necessary in furtherance of its jurisdiction, reviewing all

petitions for extraordinary relief properly brought before it;

32. "Military department" means the administrative agency

established in Section 21 of this title charged with coordinating

and supervising state military forces. The military department

consists of a joint forces headquarters, an army component and an

air force component under the command and control of the Adjutant

General when not activated for federal duty under Title 10 of the

United States Code;

33. "Military trial judge" means a judicial officer who

presides over a general or special court-martial and is detailed or

retained in accordance with Section 826 of this title (Article 26);

34. "Military magistrate" means a licensed attorney, detailed

or retained, who conducts reviews or otherwise acts on prereferral

matters relating to the rights of victims under subsection D of

Section 806B of this title (Article 6B, subsection D), investigative

subpoenas under subparagraph a of paragraph 1 of subsection A of

Section 17 of this act (Article 30A, subsection A, paragraph 1,

subparagraph a) or who conducts appellate proceedings on behalf of

the Military Court of Appeals under paragraph 3 of subsection J of

Section 866 of this title (Article 66, subsection J, paragraph 3);

35. "Military offenses" means those offenses designated as

punitive articles under Sections 877 (Article 77, Principals), 878

(Article 78, Accessory after the fact), 879 (Article 79, Conviction

of offense charged, lesser included offenses, and attempts), 880

(Article 80, Attempts), 881 (Article 81, Conspiracy), 882 (Article

82, Soliciting commission of offenses), 883 (Article 83,

Malingering), 884 (Article 84, Breach of medical quarantine), 885

(Article 85, Desertion), 886 (Article 86, Absence without leave),

887 (Article 87, Missing movement; jumping from vessel), 887A

(Article 87A, Resistance, flight, breach of arrest, and escape), 888

Oklahoma Statutes - Title 44. Militia Page 61

(Article 88, Contempt toward officials), 889 (Article 89, Disrespect

toward superior commissioned officer; assault of superior

commissioned officer), 890 (Article 90, Willfully disobeying

superior commissioned officer), 891 (Article 91, Insubordinate

conduct toward warrant officer, or noncommissioned officer), 892

(Article 92, Failure to obey order or regulation), 893 (Article 93,

Cruelty and maltreatment), 893A (Article 93A, Prohibited activities

with military recruit or trainee by person in position of special

trust), 894 (Article 94, Mutiny or sedition), 895 (Article 95,

Offenses by sentinel or lookout), 895A (Article 95A, Disrespect

toward sentinel or lookout), 896 (Article 96, Release of prisoner

without authority; drinking with prisoner), 897 (Article 97,

Unlawful detention), 898 (Article 98, Misconduct as prisoner), 899

(Article 99, Misbehavior before the enemy), 900 (Article 100,

Subordinate compelling surrender), 901 (Article 101, Improper use of

countersign), 902 (Article 102, Forcing a safeguard), 903B (Article

103B, Aiding the enemy), 903C (Article 103C, Unlawful disclosure of

confidential information), 904 (Article 104, Public records

offenses), 904A (Article 104A, Fraudulent enlistment, appointment,

or separation), 904B (Article 104B, Unlawful enlistment,

appointment, or separation), 905A (Article 105A, False or

unauthorized pass offenses), 906A (Article 106A, Wearing

unauthorized insignia, decoration, badge, ribbon, device, or lapel

button), 907 (Article 107, False official statements; false

swearing), 908 (Article 108, Military property-loss, damage,

destruction, or wrongful disposition), 908A (Article 108A, Captured

or abandoned property), 909 (Article 109, Property other than

military property-waste, spoilage, or destruction), 910 (Article

110, Improper hazarding of vessel or aircraft), 912 (Article 112,

Drunkenness and other incapacitation offenses), 912A (Article 112A,

Wrongful use, possession, etc., of controlled substances), 914

(Article 114, Endangerment offenses), 916 (Article 116, Riot or

breach of peace), 917 (Article 117, Provoking speeches or gestures),

917A (Article 117A, Wrongful broadcast or distribution of intimate

visual images), 920 (Article 120, Sexual assault generally), 920C

(Article 120C, Other sexual misconduct), 920D (Article 120D,

Fraternization), 921 (Article 121, Larceny and wrongful

appropriation), 924 (Article 124, Frauds against the government),

928 (Article 128, Assault), 930 (Article 130, Stalking), 931

(Article 131, Perjury), 931A (Article 131A, Subornation of perjury),

931B (Article 131B, Obstructing justice), 931C (Article 131C,

Misprision of serious offense), 931D (Article 131D, Wrongful refusal

to testify), 931F (Article 131F, Noncompliance with procedural

rules), 931G (Article 131G, Wrongful interference with adverse

administrative proceeding), 932 (Article 132, Retaliation), 933

(Article 133, Conduct unbecoming an officer and a gentleman) and 934

(Article 134, General article) of this title;

Oklahoma Statutes - Title 44. Militia Page 62

36. "Military publication" means a written publication of an

administrative nature such as a regulation, instruction, pamphlet,

circular, permanent or general order, delegation of authority

letter, numbered Adjutant General policy memorandum or blank form

promulgated or published by or under the authority of the Adjutant

General. An order or directive issued by the Adjutant General that

is operational in nature or issued in execution of a military

mission shall not be included within the meaning of military

publication. Rules of procedure published by the State Judge

Advocate for the Military Court of Appeals are included in the

meaning of military publication. The organizational chart and

rating scheme required in Section 26 of this title shall not be

included in the meaning of military publication;

37. "Month's pay" means the amount of basic pay that would be

paid to a member if that member were serving on active duty;

38. "National security" means the national defense and foreign

relations of the United States;

39. "Nexus" means the appearance of a connection between a

military or nonmilitary offense and the state military forces which

brings discredit or dishonor to the state military forces due to

representations of membership in the state military forces by a

member. Such representations may be made directly or indirectly,

including but not limited to publication on social media or other

electronic communication platforms;

40. "Noncommissioned officer" means an enlisted member above

the pay grade of E-4 or an enlisted member in the army component of

state military forces holding the rank of corporal;

41. "Nonjudicial punishment" means punishment imposed

administratively by a commander or officer in charge for minor

offenses in lieu of a court-martial;

42. "Nonmilitary offense" means any criminal offense

established in law that is not defined as a military offense in this

section;

43. "Officer" means a commissioned or warrant officer;

44. "Officer in charge" means a commissioned or warrant officer

designated as such by appropriate authority;

45. "Pay" means monetary compensation provided to members of

the state military forces in exchange for performance of military

duties carried out pursuant to a lawful order or otherwise under the

authority of law, including basic pay, special pay, proficiency pay

and incentive pay. "Pay" shall not mean allowances as defined in

this section;

46. "Rank" means the order of precedence among members of the

state military forces;

47. "Record", when used in connection with the proceedings of a

court-martial, means:

Oklahoma Statutes - Title 44. Militia Page 63

a. an official written transcript, written summary, or

other writing relating to the proceedings, or

b. an official audiotape, videotape, digital image or

file, or similar material from which sound, or sound

and visual images, depicting the proceedings may be

reproduced;

48. "Regulation" means a written, administrative expression of

executive authority issued by an executive branch officer which

carries with it the force and effect of law due to inherent command

authority or express delegation of authority by the legislative

branch; regulations provided for in the Code are published and

archived by the Secretary of State;

49. "Rehearing" means a new trial on the findings, on the

sentence, or on both;

50. "Restriction" means moral restraint, as opposed to physical

restraint, limiting access to physical places or participation in

certain activities. In comparison to arrest in quarters,

"restriction" is a lesser punishment;

51. "Senior force component judge advocate" means the judge

advocate assigned as the chief legal advisor within the same

component of the state military forces as the accused. Unless there

is a conflict of interest, a senior force component judge advocate

may also serve as legal counsel to the Adjutant General and may be

designated as the State Judge Advocate. The customary duty station

of a senior force component judge advocate is joint forces

headquarters;

52. "Shall" is used in an imperative sense;

53. "State" means one of the several states, the District of

Columbia, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin

Islands;

54. "State active duty" means full-time duty in the state

military forces under an order of the Governor or otherwise issued

by authority of law, and paid by state funds, and includes travel to

and from such duty. State active duty shall not mean military duty

performed by the state military forces pursuant to Title 32 of the

United States Code;

55. "State Judge Advocate" means a member of the Oklahoma

National Guard qualified as a judge advocate, as defined in this

section, and who is designated in writing by the Adjutant General as

the State Judge Advocate;

56. "State military forces" means the National Guard of the

State of Oklahoma, which includes an army component and an air force

component, as defined in Title 32, United States Code, and Section

41 of this title; the Oklahoma State Guard, organized pursuant to

Section 109 of Title 32, United States Code, and established

pursuant to the Oklahoma State Guard Act; and any other military

force organized under the Constitution and laws of the State of

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Oklahoma when not in a status placing them under exclusive federal

jurisdiction pursuant to Chapter 47 of Title 10, United States Code.

Unless otherwise established by Oklahoma law, the unorganized

militia, as provided for in Section 41 of this title, or any other

state military force that does not meet this definition shall not be

considered part of the "state military forces" under the Code;

57. "Superior commissioned officer" means a commissioned

officer superior in rank or command;

58. "Supplies" means materiel, equipment and stores of all

types possessed or lawfully controlled by state military forces; and

59. "Title 32 active duty" means training or other duty, other

than inactive duty, performed by a member of the Army National Guard

of the United States or the Air National Guard of the United States

in the member's status as a member of the Oklahoma National Guard

pursuant to Section 316, 502, 503, 504 or 505 of Title 32 of the

United States Code for which the member is entitled to pay from the

United States or for which the member has waived pay from the United

States.

B. Other terms not specifically defined herein shall be defined

by military rules or regulations and customs and usage of the

National Guard and the Armed Forces of the United States.

C. If a term is not defined in either subsection A of this

section nor defined as provided in subsection B of this section, it

shall receive the construction and usage customarily accorded by

reference to dictionaries of the English language in existence at

the time of adoption of this act.
Okla. Stat. tit. 44, § 44-908A — OK Code / Title 44 / Section 44-908A
Captured or abandoned property
Status: in_force

ARTICLE 108A. Captured or abandoned property.

A. All persons subject to the Oklahoma Uniform Code of Military

Justice shall secure all public property taken for the service of

the United States, or the State of Oklahoma, or another state, and

shall give notice and turn over to the proper authority without

delay all captured or abandoned property in their possession,

custody, or control.

B. Any person subject to the Code who:

Oklahoma Statutes - Title 44. Militia Page 156

1. Fails to carry out the duties prescribed in subsection A of

this section;

2. Buys, sells, trades, or in any way deals in or disposes of

captured or abandoned property, whereby he or she receives or

expects any profit, benefit, or advantage to himself or herself or

another directly or indirectly connected with himself or herself; or

3. Engages in looting or pillaging,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-856 — OK Code / Title 44 / Section 44-856
Sentencing
Status: in_force

ARTICLE 56. Sentencing.

A. Sentence maximums. The punishment which a court-martial may

direct for an offense may not exceed such limits as the Governor or

Adjutant General may prescribe for that offense.

B. Imposition of sentence.

1. In general. In sentencing an accused under Section 853 of

this title (Article 53), a court-martial shall impose punishment

that is sufficient, but not greater than necessary, to promote

justice and to maintain good order and discipline in the state

military forces, taking into consideration:

a. the nature and circumstances of the offense and the

history and characteristics of the accused,

b. the impact of the offense on:

(1) the financial, social, psychological, or medical

well-being of any victim of the offense, and

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(2) the mission, discipline, or efficiency of the

command of the accused and any victim of the

offense,

c. the need for the sentence:

(1) to reflect the seriousness of the offense,

(2) to promote respect for the law,

(3) to provide just punishment for the offense,

(4) to promote adequate deterrence of misconduct,

(5) to protect others from further crimes by the

accused,

(6) to rehabilitate the accused, and

(7) to provide, in appropriate cases, the opportunity

for retraining and return to duty to meet the

needs of the service, and

d. the sentences available under this chapter.

2. Sentencing by military judge. In announcing the sentence in

a general or special court-martial in which the accused is sentenced

by a military judge alone under Section 853 of this title (Article

53), the military judge shall, with respect to each offense of which

the accused is found guilty, specify the term of confinement, if

any, and the amount of the fine, if any. If the accused is

sentenced to confinement for more than one offense, the military

judge shall specify whether the terms of confinement are to run

consecutively or concurrently.

3. Sentencing by members. In a general or special court-

martial in which the accused has elected sentencing by members, the

court-martial shall announce a single sentence for all of the

offenses of which the accused was found guilty.

C. Appeal of sentence by the State of Oklahoma.

1. With the approval of the State Judge Advocate and consistent

with standards and procedures set forth in regulations prescribed by

the Governor or the Adjutant General, the government may appeal a

sentence to the Military Court of Appeals, on the grounds that:

a. the sentence violates the law, or

b. the sentence is plainly unreasonable, as determined in

accordance with standards and procedures prescribed by

the Governor or the Adjutant General.

2. An appeal under this subsection shall be filed within sixty

(60) days after the date on which the judgment of a court-martial is

entered into the record under Section 860C of this title (Article

60C).
Okla. Stat. tit. 44, § 44-938 — OK Code / Title 44 / Section 44-938
Complaints of wrongs
Status: in_force

ARTICLE 138. Complaints of wrongs.

Any member of the state military forces who believes himself or

herself wronged by a commanding officer, and who, upon due

application to that commanding officer, is refused redress, may

complain to any superior commissioned officer, who shall forward the

complaint to the officer exercising special court-martial

jurisdiction over the officer against whom it is made. The officer

exercising special court-martial jurisdiction shall examine into the

complaint and take proper measures for redressing the wrong

complained of; and shall, as soon as possible, send to the Adjutant

General a true statement of that complaint, with the proceedings had

thereon.
Okla. Stat. tit. 44, § 44-244 — OK Code / Title 44 / Section 44-244
Calling into military service of United States not
Status: in_force

authorized - No exemption from military service.

Nothing in the Oklahoma State Guard Act shall be construed as

authorizing such forces, or any part thereof to be called, ordered

or in any manner drafted, as such into the military service of the

United States, but no person shall by reason of his or her

Oklahoma Statutes - Title 44. Militia Page 52

enlistment or commission in any such forces be exempted from

military service under any law of the United States.
Okla. Stat. tit. 44, § 44-4333 — OK Code / Title 44 / Section 44-4333
Informing persons and employers of rights, benefits, and
Status: in_force

obligations.

The Commissioner of Labor, Adjutant General, and Executive

Director of the Oklahoma Department of Veterans Affairs shall take

such actions as they determine to be appropriate to inform persons

entitled to rights and benefits under the Oklahoma Uniformed

Services Employment and Reemployment Rights Act and employers of the

rights, benefits, and obligations of employees and employers under

the Oklahoma Uniformed Services Employment and Reemployment Rights

Act.
Okla. Stat. tit. 44, § 44-887A — OK Code / Title 44 / Section 44-887A
Resistance, flight, breach of arrest, and escape
Status: in_force

ARTICLE 87A. Resistance, flight, breach of arrest, and escape.

Any person subject to the Oklahoma Uniform Code of Military

Justice who:

1. Resists apprehension;

2. Flees from apprehension;

3. Breaks arrest; or

4. Escapes from custody or confinement,

shall be punished as a court-martial may direct.

Oklahoma Statutes - Title 44. Militia Page 146
Okla. Stat. tit. 44, § 44-891 — OK Code / Title 44 / Section 44-891
Insubordinate conduct toward warrant officer, or
Status: in_force

noncommissioned officer.

Oklahoma Statutes - Title 44. Militia Page 147

ARTICLE 91. Insubordinate conduct toward warrant officer, or

noncommissioned officer.

Any warrant officer or enlisted member who:

1. Strikes or assaults a warrant officer, or noncommissioned

officer, while that officer is in the execution of his or her

office;

2. Willfully disobeys the lawful order of a warrant officer, or

noncommissioned officer; or

3. Treats with contempt or is disrespectful in language or

deportment toward a warrant officer, or noncommissioned officer,

while that officer is in the execution of his or her office,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-4303 — OK Code / Title 44 / Section 44-4303
Definitions
Status: in_force

As used in the Oklahoma Uniformed Services Employment and

Reemployment Rights Act:

1. "Adjutant General" shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes;

2. "Benefit", "benefit of employment", or "rights and benefits"

means the terms, conditions, or privileges of employment, including

any advantage, profit, privilege, gain, status, account, or

interest, including wages or salary for work performed, that accrues

by reason of an employment contract or agreement or an employer

policy, plan, or practice and includes rights and benefits under a

pension plan, a health plan, an employee stock ownership plan,

insurance coverage, awards, bonuses, severance pay, supplemental

unemployment benefits, vacations, and the opportunity to select work

hours or location of employment;

3. "Commissioner of Labor" means the Oklahoma Commissioner of

Labor whose office is established in Section 1 of Article VI of the

Oklahoma Constitution and whose powers and duties are established

pursuant to Section 1 of Title 40 of the Oklahoma Statutes or any

person designated or retained by the Commissioner of Labor to carry

out a responsibility of the Commissioner of Labor under the Oklahoma

Uniformed Services Employment and Reemployment Rights Act;

4. "District attorney" means the executive officer established

pursuant to Section 215.1 of Title 19 of the Oklahoma Statutes. The

powers and duties exercised by a district attorney pursuant to the

Oklahoma Uniformed Services Employment and Reemployment Rights Act,

upon designation by the district attorney, may also be performed by

an assistant district attorney or by a special district attorney

appointed pursuant to subsection C of Section 215.37M of Title 19 of

the Oklahoma Statutes;

5. "Employee" means any person employed by an employer.

Employee includes any person who is a citizen, national, or

permanent resident alien of the United States;

6. a. Except as provided in subparagraphs b and c of this

paragraph, "employer" means any person, institution,

Oklahoma Statutes - Title 44. Militia Page 194

organization, or other entity that pays salary or

wages for work performed or that has control over

employment opportunities, including:

(1) a person, institution, organization, or other

entity to whom the employer has delegated the

performance of employment-related

responsibilities,

(2) the State of Oklahoma,

(3) any political subdivision within the State of

Oklahoma,

(4) any successor in interest to a person,

institution, organization, or other entity

referred to in this subparagraph, and

(5) a person, institution, organization, or other

entity that has denied initial employment in

violation of Section 7 of this act.

b. Where a soldier or airman of the Oklahoma National

Guard performs his or her duty as an Active Guard and

Reserve program participant or where a National Guard

technician is employed under 32 U.S.C., Section 709,

"employer" does not mean the Adjutant General.

c. Where a National Guard technician is employed under 32

U.S.C., Section 709, "employer" means the Adjutant

General.

d. (1) Whether the term "successor in interest" applies

with respect to an entity described in division

(4) of subparagraph a of this paragraph shall be

determined on a case-by-case basis using a

multifactor test that considers the following

factors:

(a) substantial continuity of business

operations,

(b) use of the same or similar facilities,

(c) continuity of workforce,

(d) similarity of jobs and working conditions,

(e) similarity of supervisory personnel,

(f) similarity of machinery, equipment, and

production methods, and

(g) similarity of products or services.

(2) The entity's lack of notice or awareness of a

potential or pending claim under the Oklahoma

Uniformed Services Employment and Reemployment

Rights Act at the time of a merger, acquisition,

or other form of succession shall not be

considered when applying the multifactor test

under division (1) of this subparagraph;

Oklahoma Statutes - Title 44. Militia Page 195

7. "Health plan" means an insurance policy or contract, medical

or hospital service agreement, membership or subscription contract,

or other arrangement under which health services for individuals are

provided or the expenses of such services are paid;

8. "Notice" means any written or verbal notification of an

obligation or intention to perform service in the state military

forces provided to an employer by the employee who will perform such

service or by the state military force component in which the

service is to be performed;

9. "Political subdivision" means the seventy-seven counties of

the state, incorporated municipalities, including both cities and

towns, and all public entities or instrumentalities, including, but

not limited to, municipal corporations, municipal sewer and water

authorities, public trusts and public authorities in the state which

are not a state agency, an executive officer, the legislative branch

or the judicial branch of the state. Political subdivisions

include, but are not limited to, special districts, authorities and

instrumentalities such as school districts, fire protection

districts, conservation districts, water and sewer districts,

emergency medical service districts and airport and housing

authorities;

10. "Qualified", with respect to an employment position, means

having the ability to perform the essential tasks of the position;

11. "Reasonable efforts", in actions required of an employer

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act, means actions, including training, provided by an

employer which do not place an undue hardship on the employer;

12. "Secretary concerned" means either the Secretary of the

Army or the Secretary of the Air Force as the context requires;

13. "Seniority" means longevity in employment together with any

benefits of employment which accrue with, or are determined by,

longevity in employment;

14. "Service in the state military forces" means the

performance of duty on a voluntary or involuntary basis in the state

military forces under competent authority when ordered to "state

active duty" or "Title 32 active duty" as defined in Section 801 of

Title 44 of the Oklahoma Statutes;

15. "State" means the State of Oklahoma;

16. "State agency" includes any executive branch agency within

the state, whether appropriated or nonappropriated, established

either by the Oklahoma Constitution or by the Oklahoma Statutes,

including the Oklahoma Military Department with respect to the state

employees employed by the Oklahoma Military Department;

17. "State government" means any state agency, the legislative

branch of the state, and the judicial branch of the state;

18. "State military forces" shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes; and

Oklahoma Statutes - Title 44. Militia Page 196

19. "Undue hardship", in actions taken by an employer, means

actions requiring significant difficulty or expense, when considered

in light of:

a. the nature and cost of the action needed,

b. the overall financial resources of the facility or

facilities involved in the provision of the action,

the number of persons employed at the facility, the

effect on expenses and resources, or the impact

otherwise of such action upon the operation of the

facility,

c. the overall financial resources of the employer; the

overall size of the business of an employer with

respect to the number of its employees; or the number,

type, and location of its facilities, and

d. the type of operation or operations of the employer,

including the composition, structure, and functions of

the workforce of such employer; or the geographic

separateness, administrative, or fiscal relationship

of the facility or facilities in question to the

employer.
Okla. Stat. tit. 44, § 44-877 — OK Code / Title 44 / Section 44-877
Principals
Status: in_force

ARTICLE 77. Principals.

Any person punishable under the Oklahoma Uniform Code of

Military Justice who:

1. Commits an offense punishable by the Oklahoma Uniform Code

of Military Justice, or aids, abets, counsels, commands, or procures

its commission; or

2. Causes an act to be done which if directly performed by him

or her would be punishable by this chapter,

shall be a principal.
Okla. Stat. tit. 44, § 44-271 — OK Code / Title 44 / Section 44-271
Supplemental retirement pay — Eligibility — Terms
Status: in_force

A. The provisions of this section shall not be operative and no

payments shall be made from the Oklahoma National Guard Supplemental

Retirement Pay Revolving Fund created in Section 19 of this act

until November 1, 2027.

B. The provisions of this section shall only be applicable to a

member of the Oklahoma National Guard who has accrued enough service

credit prior to the effective date of this act in order to retire

from the system maintained by the Defense Finance and Accounting

Service, or its successor in interest, for the benefit of members of

state National Guards, but who has not attained the required age

prior to the effective date of this act in order to be paid the full

amount of such benefit. No member of the Oklahoma National Guard

shall be eligible to receive a payment pursuant to the provisions of

Oklahoma Statutes - Title 44. Militia Page 54

this section unless the member has completed twenty-five (25) years

of military service and retires as a member of the Oklahoma National

Guard.

C. The provisions of this section shall not be applicable to

any person who retires with an active duty military pension.

D. The amount of the payment shall be determined as follows:

1. Determine the amount of retirement the member would receive

if the member had reached the age to accrue federal retirement

benefits;

2. If the members of the active duty military retirement system

were eligible for a cost-of-living adjustment for the year for which

the computation of the payment amount authorized by this section is

to be made, the cost-of-living adjustment amount in an annualized

form shall be added to the result of the computation in paragraph 1

of this subsection each year; and

3. The resulting amount shall be paid to the Oklahoma National

Guard member in twelve (12) equal monthly amounts with allowance as

required for rounding.

E. Any benefit payable to an eligible member of the Oklahoma

National Guard shall only be payable during the member's lifetime,

and no benefit authorized pursuant to the provisions of this section

shall be payable to a beneficiary other than amounts paid to a

member prior to the member's death which are payable to another

person pursuant to the provisions of a joint tenancy bank account

with a right of survivorship naming a person or persons as

beneficiary, a bank account with a transfer on death or payable on

death feature, an express trust, including, but not limited to, a

trust created by the payee member during his or her lifetime, a will

or the statute of intestate succession for distribution of the

assets of a person who does not otherwise provide for the

disposition of his or her assets after death.

F. The payment otherwise authorized pursuant to the provisions

of this act may only be made to a person who has become eligible to

receive retirement benefits from the retirement system under the

supervision of the Defense Finance and Accounting Service, or its

successor in interest, as of the date the first payment pursuant to

this act is authorized.

G. The payments authorized by this section shall be paid to the

eligible member until the member begins to receive federal

retirement benefits from the Defense Finance and Accounting Service,

or its successor in interest, but shall not be paid for any period

of time after such time period.

H. In the event the funds required for full payment to all

eligible members pursuant to the provisions of this section are not

sufficient, the payments to the eligible members shall be prorated

by dividing the total number of eligible members by the total amount

of available funds. The resulting quotient shall be multiplied by

Oklahoma Statutes - Title 44. Militia Page 55

the payment amount otherwise due to the eligible member and the

result of that computation shall be the reduced dollar amount paid

to each member for the applicable period. For any period of time

during which payments are prorated pursuant to this subsection, the

next increment of available funds shall be used to make payments to

the eligible members whose payment amounts were prorated to

compensate for the reduction made in the prior payment period.
Okla. Stat. tit. 44, § 44-840 — OK Code / Title 44 / Section 44-840
Continuances
Status: in_force

ARTICLE 40. Continuances.

The military judge or a summary court-martial may, for

reasonable cause, grant a continuance to any party for such time,

and as often, as may appear to be just.
Okla. Stat. tit. 44, § 44-4302 — OK Code / Title 44 / Section 44-4302
Construction with other laws
Status: in_force

A. Nothing in the Oklahoma Uniformed Services Employment and

Reemployment Rights Act shall be construed to supersede, nullify or

diminish any federal law or state law, including any county or

municipal law or ordinance, contract, agreement, policy, plan,

practice or other matter that establishes a right or benefit that is

more beneficial to, or is in addition to, a right or benefit

Oklahoma Statutes - Title 44. Militia Page 193

provided for such person in the Oklahoma Uniformed Services

Employment and Reemployment Rights Act.

B. The Oklahoma Uniformed Services Employment and Reemployment

Rights Act supersedes any other state law, including any county or

municipal law or ordinance, contract, agreement, policy, plan,

practice, or other matter that reduces, limits, or eliminates in any

manner any right or benefit provided by the Oklahoma Uniformed

Services Employment and Reemployment Rights Act, including the

establishment of additional prerequisites to the exercise of any

such right or the receipt of any such benefit.
Okla. Stat. tit. 44, § 44-945 — OK Code / Title 44 / Section 44-945
Jurisdiction not extended to certain crimes
Status: reserved

ARTICLE 145. Jurisdiction not extended to certain crimes.

Though not specifically mentioned in the Oklahoma Uniform Code

of Military Justice, all disorders and neglects to the prejudice of

good order and discipline in the state military forces, of which

persons subject to the Code may be guilty, shall be taken cognizance

of by a general, special, or summary court-martial according to the

nature and degree of the offense and shall be punished at the

discretion of that court. However, cognizance may not be taken of,

and jurisdiction shall not be extended to, the crimes of murder,

manslaughter, rape, rape and sexual assault of a child, child

endangerment, death or injury of an unborn child, kidnapping,

domestic violence, arson, robbery, maiming, arson, extortion,

burglary, parole violations or housebreaking, jurisdiction of which

is reserved to civil courts.
Okla. Stat. tit. 44, § 44-23 — OK Code / Title 44 / Section 44-23
Governor as Commander in Chief - Powers - Armed military
Status: in_force

forces from other state or territory - Independent military

organizations.

The Governor of the state shall be the Commander in Chief of the

Militia, and as such shall have supreme command of the military

forces of the state while in the service of the state or until they

are ordered and accepted into the service of the United States.

While in the service of the state, he shall have power to muster out

any organization of the state, discharge enlisted men, as provided

herein, and perform such other acts in keeping with the laws of the

Oklahoma Statutes - Title 44. Militia Page 16

Commander in Chief, subject to the laws of the United States and

regulations prescribed by the President of the United States. No

armed military force from another state or territory shall be

permitted to enter the state without his permission, unless such

military force be a part of the United States, or is acting under

the authority of the United States. No independent military

organization, except as a corps of cadets at the educational

institutions, shall be permitted to bear arms without first securing

permission of the Commander in Chief.
Okla. Stat. tit. 44, § 44-243 — OK Code / Title 44 / Section 44-243
Rules and regulations — Arms and equipment — Compensation
Status: in_force

and allowance.

A. The Governor is hereby authorized to prescribe rules and

regulations governing the enlistment, organization, administration,

equipment, discipline and discharge of the personnel of such

military forces; to requisition from the Secretary of Defense such

arms and equipment as may be in the possession of and can be spared

by the Department of Defense and to extend thereto the facilities of

state armories, Armed Forces Reserve Centers, readiness centers,

logistics, aviation, and training facilities, warehouses and their

equipment and such other state premises and property as may be

available for the purpose of drill and instruction.

B. Members of the Oklahoma National Guard shall be considered

part of state military forces as defined in Section 801 of this

title and shall be subject to the Oklahoma Uniform Code of Military

Justice.

C. Any full-time state employee that serves in a military

capacity shall receive compensation equaling the compensation,

benefits, entitlements, or other compensation received by a full-

time active-duty service member at the same rank and time in grade.

D. When prescribing the rules and regulations governing

enlistment, organization, administration, equipment, discipline and

discharge of the personnel of the Oklahoma National Guard, the

Governor shall issue such rules and regulations in the form of an

executive order or in a series of such orders. An executive order

or a series of such orders prescribing the rules and regulations

governing enlistment, organization, administration, equipment,

discipline and discharge of the personnel of the Oklahoma National

Guard shall also be published by the Adjutant General as a military

publication.
Okla. Stat. tit. 44, § 44-224 — OK Code / Title 44 / Section 44-224
Misdemeanor to interfere with Militia
Status: in_force

Any person who shall willfully and unnecessarily interfere with

the Militia or any part thereof while on drill, parade, or in the

performance of any military duty, shall be guilty of a misdemeanor:

Provided, the funeral processions, carriage of the United States

mail, legitimate functions of the police, progress and operation of

Oklahoma Statutes - Title 44. Militia Page 35

the hospital ambulances, fire engines, fire departments, and

apparatus of the insurance patrol shall not be interfered with

thereby.

R.L. 1910, § 3930.
Okla. Stat. tit. 44, § 44-301B — OK Code / Title 44 / Section 44-301B
Base Infrastructure Needs and Development — Technology Revolving Fund —
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 4Revolving Fund — Technology Program.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Military Department to be designated the "Base

Infrastructure Needs and Development - Technology Revolving Fund",

which may also be cited as "BIND – Technology Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies directed for deposit to the fund by law.

All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Oklahoma

Military Department for the purpose established in subsection B of

this section. 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.

B. There is hereby established within the Oklahoma Military

Department the "Base Infrastructure Needs and Development –

Technology Program", which may also be cited as the "BIND –

Technology Program". The Department shall utilize funds from the

BIND – Technology Fund created in subsection A of this section,

alone or in combination with other available funding, to make

infrastructure investments, including, but not limited to, the

purchase of licenses and software associated with military

simulation training, that will either:

1. Decrease the likelihood of military base and other military

infrastructure closures in this state; or

2. Increase the likelihood of military base and other military

infrastructure expansions in this state.
Okla. Stat. tit. 44, § 44-817 — OK Code / Title 44 / Section 44-817
Jurisdiction of courts-martial in general
Status: in_force

ARTICLE 17. Jurisdiction of courts-martial in general.

A. Each force component shall have court-martial jurisdiction

over all persons subject to the Oklahoma Uniform Code of Military

Justice. The exercise of jurisdiction by one force component over

Oklahoma Statutes - Title 44. Militia Page 79

personnel of the other force component shall be in accordance with

regulations promulgated by the Adjutant General.

B. In all cases, the force component review after that by the

officer with authority to convene a general court-martial for the

command which held the trial, where that review is required under

the Code, shall be carried out by the same force component of which

the accused is a member.
Okla. Stat. tit. 44, § 44-848 — OK Code / Title 44 / Section 44-848
Contempt
Status: in_force

ARTICLE 48. Contempt.

A. Authority to punish.

1. With respect to any proceeding under the Oklahoma Uniform

Code of Military Justice, a judicial officer specified in paragraph

2 of this subsection may punish for contempt any person who:

a. uses any menacing word, sign, or gesture in the

presence of the judicial officer during the

proceeding,

b. disturbs the proceeding by any riot or disorder, or

c. willfully disobeys a lawful writ, process, order,

rule, decree, or command issued with respect to the

proceeding.

2. A judicial officer referred to in paragraph 1 of this

subsection is any of the following:

a. any military trial judge detailed to a court-martial,

b. any military magistrate detailed or retained to

conduct prereferral proceedings under subsection D of

Section 806B of this title (Article 6B, subsection D)

or subparagraph a of paragraph 1 of subsection A of

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

paragraph 1, subparagraph a) or appellate proceedings

Oklahoma Statutes - Title 44. Militia Page 107

under paragraph 3 of subsection J of Section 866 of

this title (Article 66, subsection J, paragraph 3),

c. the chief judge of the Military Court of Appeals, or

d. the president of a court of inquiry.

B. Opportunity to be heard and warning. A judicial officer, as

specified in paragraph 2 of subsection A of this section, may punish

a person cited for contempt after an opportunity to be heard has

been given. Censure shall be imposed by the judicial officer only

if:

1. It is clear from the identity of the offender and the

character of his or her acts that disruptive conduct is willfully

contemptuous; or

2. The conduct warranting the sanction is preceded by a clear

warning that the conduct is impermissible and that specified

sanctions may be imposed for its repetition.

C. Notification of contempt proceedings. The judicial officer,

as specified in paragraph 2 of subsection A of this section, as soon

as practicable after he or she is satisfied that courtroom

misconduct requires contempt proceedings, should inform the alleged

offender of his or her intention to institute said proceedings.

D. Notice and opportunity to provide evidence or testimony.

Before imposing any punishment for contempt, the judicial officer

shall give the offender notice of the charges and an opportunity to

adduce evidence or argument relevant to guilt or punishment.

E. Imposition of sanctions. The judicial officer before whom

the misconduct occurs may impose appropriate sanctions including

punishment for contempt.

F. Punishment. The punishment for contempt under subsection A

of this section shall not exceed the punishments provided in

subsection A of Section 566 of Title 21 of the Oklahoma Statutes.

G. Review. A punishment under this section:

1. If imposed by a military trial judge, may be reviewed by the

Military Court of Appeals in accordance with the uniform rules of

procedure for the Military Court of Appeals under subsection L of

Section 866 of this title (Article 66, subsection L);

2. If imposed by the chief judge of the Military Court of

Appeals, shall constitute a judgment of the court, subject to review

under the applicable provisions of Section 867 of this title

(Article 67); and

3. If imposed by a court of inquiry, shall be subject to review

by the convening authority in accordance with regulations

promulgated by the Adjutant General.
Okla. Stat. tit. 44, § 44-231a — OK Code / Title 44 / Section 44-231a
Fire protection agreements
Status: in_force

A. The Adjutant General, pursuant to authority granted under 42

U.S.C. Section 1856a and applicable Army, Air Force or National

Guard regulations, may enter into a reciprocal agreement with any

city, county, town or municipal corporation or agency of the State

of Oklahoma maintaining fire protection facilities in the vicinity

of such property, for mutual aid in furnishing fire protection for

such property and for other property for which such entity normally

provides fire protection.

B. Fire protection units will continue under the command and

control of their regular chain of command, but the organizational

unit will come under operational control of the fire protection

service authorities of the jurisdiction receiving assistance.

C. Each agreement shall include a waiver by each party of all

claims against the other party for compensation for any loss,

damage, personal injury or death occurring in consequence of the

performance of such agreement. Any such agreement may provide for

the reimbursement of any party for all or any part of the cost

incurred by such party in furnishing fire protection for or on

behalf of any other party.

D. The Adjutant General shall promulgate rules to implement the

provisions of this section.
Okla. Stat. tit. 44, § 44-850 — OK Code / Title 44 / Section 44-850
Admissibility of sworn testimony from records of courts of
Status: in_force

inquiry.

ARTICLE 50. Admissibility of sworn testimony from records of

courts of inquiry.

A. Use as evidence by any party. In any case not extending to

the dismissal of a commissioned officer, the sworn testimony,

contained in the duly authenticated record of proceedings of a court

of inquiry, of a person whose oral testimony cannot be obtained,

may, if otherwise admissible under the rules of evidence, be read in

Oklahoma Statutes - Title 44. Militia Page 109

evidence by any party before a court-martial if the accused was a

party before the court of inquiry and if the same issue was involved

or if the accused consents to the introduction of such evidence.

B. Use as evidence by defense. Such testimony may be read in

evidence only by the defense in cases extending to the dismissal of

a commissioned officer.

C. Use in courts of inquiry and military boards. Such

testimony may also be read in evidence before a court of inquiry or

an administrative board.

D. Audiotape or videotape. Sworn testimony that:

1. Is recorded by audiotape, videotape, or similar method; and

2. Is contained in the duly authenticated record of proceedings

of a court of inquiry,

shall be admissible before a court-martial, court of inquiry, or

military board, to the same extent as sworn testimony may be read in

evidence before any such body under this section.
Okla. Stat. tit. 44, § 44-847 — OK Code / Title 44 / Section 44-847
Refusal to appear or testify
Status: in_force

ARTICLE 47. Refusal to appear or testify.

A. In general.

1. Any person described in paragraph 2 of this subsection who:

a. willfully neglects or refuses to appear, or

b. willfully refuses to qualify as a witness or to

testify or to produce any evidence which that person

is required to produce,

shall be guilty of indirect contempt of the court-martial or court

of inquiry from which the subpoena issued.

2. The persons referred to in paragraph 1 of this subsection

are the following:

a. any person not subject to the Oklahoma Uniform Code of

Military Justice who:

(1) is issued a subpoena or other process described

in subsection C of Section 846 of this title

(Article 46, subsection C), and

(2) is provided a means for payment of fees and

mileage pursuant to subsection D of this section,

and

b. any person not subject to the Code who is issued a

subpoena or other process described in subsection D of

Section 846 of this title (Article 46, subsection D).

B. Any person who commits indirect contempt shall be punished

in accordance with Sections 566, 567 and 568 of Title 21 of the

Oklahoma Statutes.

C. The district attorney exercising jurisdiction in the county

where the court-martial or court of inquiry is convened, shall, upon

the certification of the facts to him or her by the military court,

court of inquiry or convening authority, file an information against

and prosecute any person violating this section.

D. The fees and mileage of witnesses shall be paid as follows:

1. Any civilian witness, who is not a federal employee,

appearing in obedience to an order, subpoena, or other lawful

compulsion at any stage of a general or special court-martial or

court of inquiry where the party seeking the attendance of the

witness is the trial counsel, the defense counsel or the defendant

appearing pro se, shall be paid from any monies available in the

Military Justice Fund established in Section 941 of Title 44 of the

Oklahoma Statutes - Title 44. Militia Page 106

Oklahoma Statutes, the fees and mileage at the rate prescribed by

Section 81 of Title 28 of the Oklahoma Statutes;

2. Any witness appearing in obedience to an order, subpoena, or

other lawful compulsion at any stage of a court-martial for which no

provision in this subsection is applicable, shall be paid at the

discretion of the military judge presiding over a general or special

court-martial proceeding from any monies available in the Military

Justice Fund established in Section 941 of Title 44 of the Oklahoma

Statutes, the fees and mileage at the rate prescribed by Section 81

of Title 28 of the Oklahoma Statutes;

3. The comptroller of the military department, or any other

person designated by the Adjutant General, shall, upon proof of

claim, issue to witnesses, summoned pursuant to this subsection,

certificates showing the names of witnesses, number of days'

attendance, distance traveled and the amount of such fees and

mileage; and

4. The Adjutant General may promulgate additional regulations

governing the method and process for payment of fees and mileage to

a civilian witness, who is not a federal employee, appearing in

obedience to an order, subpoena, or other lawful compulsion at any

stage of a general, special or summary court-martial or court of

inquiry.
Okla. Stat. tit. 44, § 44-232.1 — OK Code / Title 44 / Section 44-232.1
Contracts to lease or rent facilities
Status: in_force

A. The Adjutant General is authorized to enter into contracts

to lease or rent facilities. The Adjutant General is authorized to

Oklahoma Statutes - Title 44. Militia Page 40

waive all charges or fees, or any portion thereof, for use of

facilities by a charitable organization when such use is in support

of civil authorities for joint training, natural disasters or other

declared emergencies in accordance with rules promulgated by the

Adjutant General. The Adjutant General is further authorized to

waive charges or fees for use of facilities, or any portion thereof,

by a charitable organization when the charges and fees do not exceed

One Hundred Dollars ($100.00).

B. As used in this title:

1. "Civil authorities" means those elected and appointed

officers and employees who constitute the government of the United

States, the government and agencies of the State of Oklahoma, county

and municipal governments within the State of Oklahoma, and

political subdivisions thereof;

2. "Charitable organization" means an entity described in

Section 501(c)(3) of Title 26 of the United States Code; and

3. "Military reservations", without limitation, include

military installations, armories, air bases, and facilities owned or

controlled by the state for military purposes.

C. The Adjutant General shall have charge of military

reservations of the state and shall be responsible for the

protection and safety of those military reservations, and promulgate

rules for the maintenance of order thereon, for the enforcement of

traffic rules and for all other lawful rules as may be ordered for

the operation, care, and preservation of existing facilities and

installations on all state military reservations.
Okla. Stat. tit. 44, § 44-905 — OK Code / Title 44 / Section 44-905
Forgery
Status: in_force

ARTICLE 105. Forgery.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, with intent to defraud:

1. Falsely makes or alters any signature to, or any part of,

any writing which would, if genuine, apparently impose a legal

liability on another or change his or her legal right or liability

to his or her prejudice; or

2. Utters, offers, issues, or transfers such a writing, known

by him or her to be so made or altered,

Oklahoma Statutes - Title 44. Militia Page 154

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

direct.
Okla. Stat. tit. 44, § 44-928 — OK Code / Title 44 / Section 44-928
Assault
Status: in_force

ARTICLE 128. Assault.

A. Any person subject to the Oklahoma Uniform Code of Military

Justice who attempts or offers with unlawful force or violence to do

bodily harm to another person, whether or not the attempt or offer

is consummated, is guilty of assault and shall be punished as a

court-martial may direct.

B. Any person subject to the Code who:

1. Commits an assault with a dangerous weapon or other means or

force likely to produce death or grievous bodily harm; or

2. Commits an assault and intentionally inflicts grievous

bodily harm with or without a weapon,

is guilty of aggravated assault and shall be punished as a court-

martial may direct.
Okla. Stat. tit. 44, § 44-807 — OK Code / Title 44 / Section 44-807
Apprehension
Status: in_force

ARTICLE 7. Apprehension.

A. Apprehension is the taking of a person into custody.

B. Any person authorized by the Oklahoma Uniform Code of

Military Justice or by Chapter 47 of Title 10 of the United States

Code, or by regulations issued under either, to apprehend persons

subject to the Oklahoma Uniform Code of Military Justice, any

marshal of a court-martial appointed pursuant to the provisions of

the Code, and any civil officer or peace officer having authority to

apprehend offenders under the laws of the United States or of a

state, may do so upon reasonable belief that an offense has been

committed and that the person apprehended committed it.

C. Commissioned officers, warrant officers and noncommissioned

officers have authority to quell quarrels, frays, and disorders

among persons subject to the Code and to apprehend persons subject

to the Code who take part therein.
Okla. Stat. tit. 44, § 44-21.1 — OK Code / Title 44 / Section 44-21.1
Personnel - Unclassified service
Status: in_force

A. Personnel appointed as state employees in the Military

Department shall be in the unclassified service of the state. The

Adjutant General may grant leave to state civilian employees

consistent with the rules governing the federal workforce in support

of the National Guard.

B. Any employee of the Military Department of the State of

Oklahoma may be granted administrative leave with pay for volunteer

service activities, under such terms and limitations as the Adjutant

General may establish, in service that meets one or more of the

following criteria:

1. The activity is directly related to the Department's

mission;

2. The activity is sponsored or sanctioned by or in partnership

with the Department; or

3. The activity will enhance the development or skills of the

employee in his or her current position.

C. Leave granted pursuant to subsection B of this section shall

be as brief as permitted under the circumstances and shall not

support an activity otherwise prohibited by law while in a duty

status.

D. The Adjutant General shall establish guidelines for approval

of administrative leave for volunteer service authorized pursuant to

subsection B of this section which balances the Department's goals

and operations and ensures that each is conducted efficiently and

effectively.
Okla. Stat. tit. 44, § 44-75 — OK Code / Title 44 / Section 44-75
Hospital and medical treatment
Status: in_force

Officers and/or enlisted men who suffer injuries or contract

disease, in line of duty, while on duty or in active service, shall

receive hospitalization and medical treatment, and the pay and

allowances of their grade during the period that they are unable to

resume their civilian occupation; but no commissioned officer shall

be paid after the termination of said service or duty more than the

pay and allowances of a Second Lieutenant.

All payments herein provided for shall be paid on the approval

of the Adjutant General by warrant drawn against the funds

appropriated for that purpose in the Military Department or other

funds made available.

In the event of compensation for said service, death or

injuries, being paid in part by the federal government, the state

shall pay only the balance necessary to make the above designated

amounts.
Okla. Stat. tit. 44, § 44-227 — OK Code / Title 44 / Section 44-227
Architect - Selection - Contract by Adjutant General
Status: in_force

The architect for the construction of the facilities of the

National Guard of the State of Oklahoma shall be selected by a board

appointed by the Adjutant General of the State of Oklahoma to be

named the Architect Selection Board. The Architect Selection Board

shall be comprised of three (3) members from the Oklahoma National

Guard Directorate of Engineering Office. The Adjutant General shall

enter into contracts in the name of the State of Oklahoma for the

construction of such buildings. The Oklahoma Military Department

may use federal contracting procedures for construction of such

facilities.
Okla. Stat. tit. 44, § 44-858B — OK Code / Title 44 / Section 44-858B
Sentences - Forfeiture of pay and allowances during
Status: in_force

confinement.

ARTICLE 58B. Sentences: forfeiture of pay and allowances during

confinement.

Oklahoma Statutes - Title 44. Militia Page 118

A. 1. A court-martial sentence described in paragraph 2 of

this subsection shall result in the forfeiture of pay, or of pay and

allowances, due that member during any period of confinement or

parole. The forfeiture pursuant to this section shall take effect

on the date determined under Section 857 of this title (Article 57)

and may be deferred as provided in that article. The pay and

allowances forfeited, in the case of a general court-martial, shall

be all pay and allowances due that member during such period and, in

the case of a special court-martial, shall be two-thirds (2/3) of

all pay due that member during such period.

2. A sentence covered by this section is any sentence that

includes:

a. confinement for more than six (6) months; or

b. confinement for six (6) months or less and a

dishonorable or bad-conduct discharge or dismissal.

B. In a case involving an accused who has dependents, the

convening authority or other person acting under Section 860A or

860B of this title (Article 60A or 60B) may waive any or all of the

forfeitures of pay and allowances required by subsection A of this

section for a period not to exceed six (6) months. Any amount of

pay or allowances that, except for a waiver under this subsection,

would be forfeited shall be paid, as the convening authority or

other person taking action directs, to the dependents of the

accused.

C. If the sentence of a member who forfeits pay and allowances

under subsection A of this section is set aside or disapproved or,

as finally approved, does not provide for a punishment referred to

in paragraph 2 of subsection A of this section, the member shall be

paid the pay and allowances which the member would have been paid,

except for the forfeiture, for the period which the forfeiture was

in effect.
Okla. Stat. tit. 44, § 44-902 — OK Code / Title 44 / Section 44-902
Forcing a safeguard
Status: in_force

ARTICLE 102. Forcing a safeguard.

Any person subject to the Oklahoma Uniform Code of Military

Justice who forces a safeguard shall be punished as a court-martial

may direct.
Okla. Stat. tit. 44, § 44-811 — OK Code / Title 44 / Section 44-811
Place of confinement, reports and receiving of prisoners
Status: in_force

ARTICLE 11. Place of confinement, reports and receiving of

prisoners.

A. Persons confined before or during trial by court-martial

shall be confined in any place of confinement under the control of

any of the armed forces, in any county jail or in any penal or

correctional facility under the control of the Oklahoma Department

of Corrections.

B. No provost marshal, commander of a guard, master at arms,

warden, keeper, or officer of a place of confinement designated in

subsection A of this section shall refuse to receive or keep any

prisoner committed to his or her charge, when the committing person

furnishes a statement, signed by him or her, of the offense charged

against the prisoner.

C. Every commander of a guard, master at arms, warden, keeper,

or officer of a place of confinement designated in subsection A of

this section, to whose charge a prisoner is committed shall, within

twenty-four (24) hours after that commitment or as soon as he or she

is relieved from guard, report to the commanding officer of the

prisoner the name of the prisoner, the offense charged against him

or her, and the name of the person who ordered or authorized the

commitment.
Okla. Stat. tit. 44, § 44-931A — OK Code / Title 44 / Section 44-931A
Subornation of perjury
Status: in_force

ARTICLE 131A. Subornation of perjury.

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

of Military Justice who induces and procures another person:

1. To take an oath; and

2. To falsely testify, depose, or state upon such oath,

shall, if the conditions specified in subsection B are satisfied, be

punished as a court-martial may direct.

B. Conditions. The conditions referred to in subsection A are

the following:

1. The oath is administered with respect to a matter for which

such oath is required or authorized by law;

2. The oath is administered by a person having authority to do

so;

3. Upon the oath, the other person willfully makes or

subscribes a statement;

4. The statement is material;

5. The statement is false; and

6. When the statement is made or subscribed, the person subject

to the Code and the other person do not believe that the statement

is true.
Okla. Stat. tit. 44, § 44-838 — OK Code / Title 44 / Section 44-838
Duties of trial counsel and defense counsel
Status: in_force

ARTICLE 38. Duties of trial counsel and defense counsel.

A. The trial counsel of a general or special court-martial

shall prosecute in the name of the State of Oklahoma, and shall,

under the direction of the court, prepare the record of the

proceedings.

B. 1. The accused has the right to be represented in his or

her defense before a general or special court-martial or at a

preliminary hearing under Section 832 of this title (Article 32) as

provided in this subsection.

Oklahoma Statutes - Title 44. Militia Page 97

2. The accused may be represented by civilian counsel if

provided by the accused.

3. The accused may be represented:

a. by military counsel detailed under Section 827 of this

title (Article 27), or

b. by military counsel of his or her own selection if

that counsel is reasonably available as determined

under regulations prescribed under paragraph 7 of this

subsection.

4. If the accused is represented by civilian counsel, military

counsel detailed or selected under paragraph 3 of this subsection

shall act as associate counsel unless excused at the request of the

accused.

5. Except as provided under paragraph 6 of this subsection, if

the accused is represented by military counsel of his or her own

selection under subparagraph b of paragraph 3 of this subsection,

any military counsel detailed under subparagraph a of paragraph 3 of

this subsection shall be excused.

6. The accused is not entitled to be represented by more than

one military counsel. However, the person authorized under

regulations prescribed under Section 827 of this title (Article 27)

to detail counsel, in his or her sole discretion:

a. may detail additional military counsel as assistant

defense counsel, and

b. if the accused is represented by military counsel of

his or her own selection under subparagraph b of

paragraph 3 of this subsection, may approve a request

from the accused that military counsel detailed under

subparagraph a of paragraph 3 of this subsection, act

as associate defense counsel.

7. The Adjutant General shall, by regulation, define

"reasonably available" for the purpose of subparagraph b of

paragraph 3 of this subsection, and establish procedures for

determining whether the military counsel selected by an accused

under that paragraph is reasonably available. Such regulations may

not prescribe any limitation based on the reasonable availability of

counsel solely on the grounds that the counsel selected by the

accused is from a force component other than the one of which the

accused is a member. To the maximum extent practicable, such

regulations shall establish uniform policies between the force

components of the state military forces while recognizing the

differences in the circumstances and needs of both force components.

C. In any court-martial proceeding resulting in a conviction,

the defense counsel:

1. May forward for attachment to the record of proceedings a

brief of such matters as he or she determines should be considered

Oklahoma Statutes - Title 44. Militia Page 98

in behalf of the accused on review (including any objection to the

contents of the record which he or she considers appropriate);

2. May assist the accused in the submission of any matter under

Section 860, 860A or 860B of this title (Article 60, 60A or 60B);

and

3. May take other action authorized by the Oklahoma Uniform

Code of Military Justice.

D. An assistant trial counsel of a general court-martial may,

under the direction of the trial counsel or when he or she is

qualified to be a trial counsel as required by Section 827 of this

title (Article 27), perform any duty imposed by law, regulation, or

the custom of the service upon the trial counsel of the court. An

assistant trial counsel of a special court-martial may perform any

duty of the trial counsel.

E. An assistant defense counsel of a general or special court-

martial may perform any duty imposed by law, regulation, or the

custom of the service upon counsel for the accused.
Okla. Stat. tit. 44, § 44-238 — OK Code / Title 44 / Section 44-238
Oklahoma Tricare Reserve Select Reimbursement Program
Status: in_force

A. The Military Department of the State of Oklahoma shall

create the Oklahoma Tricare Reserve Select Reimbursement Program.

B. In this section, "eligible recipient" means an individual

who is:

1. Eligible for, and currently enrolled in, Tricare Reserve

Select;

2. A member of the state military forces as defined in

paragraph 56 of subsection A of Section 801 of Title 44 of the

Oklahoma Statutes;

3. Serving state active duty as defined in paragraph 54 of

subsection A of Section 801 of Title 44 of the Oklahoma Statutes;

and

Oklahoma Statutes - Title 44. Militia Page 48

4. On state active duty orders for thirty (30) days or more.

C. The Department may award grants to an eligible recipient who

meets the reimbursement application requirements for any of the

following:

1. A premium paid for individual coverage through the Tricare

Reserve Select program; or

2. A premium paid for any member of the immediate family of an

eligible recipient covered under the Tricare Reserve Select program.

D. The Department shall promulgate rules to implement and

administer the Tricare Premium Reimbursement Program established

under this act.
Okla. Stat. tit. 44, § 44-806A — OK Code / Title 44 / Section 44-806A
Investigation and disposition of matters pertaining to
Status: in_force

the fitness of military judges.

ARTICLE 6A. Investigation and disposition of matters pertaining

to the fitness of military judges.

The Adjutant General shall promulgate regulations prescribing

procedures for the investigation and disposition of charges,

allegations, or information pertaining to the fitness of a military

judge to perform the duties of the judge's position. To the extent

practicable, the procedures shall be uniform for both force

components.
Okla. Stat. tit. 44, § 44-117 — OK Code / Title 44 / Section 44-117
Issue and use of property
Status: in_force

Federal property loaned to the state for use of the National

Guard or other purposes will be issued and accounted for in the

manner prescribed by National Guard regulations or other pertinent

federal directives. State property will be issued and accounted for

in the manner prescribed by the Governor and/or state laws. All

public property shall be used in the manner and for the purposes

intended in the public service and shall not be used by any

individual for his personal benefit, pleasure, or gain.
Okla. Stat. tit. 44, § 44-905A — OK Code / Title 44 / Section 44-905A
False or unauthorized pass offenses
Status: in_force

ARTICLE 105A. False or unauthorized pass offenses.

A. Wrongful making, altering, etc. Any person subject to the

Oklahoma Uniform Code of Military Justice who, wrongfully and

falsely, makes, alters, counterfeits, or tampers with a military or

official pass, permit, discharge certificate, or identification card

shall be punished as a court-martial may direct.

B. Wrongful sale, etc. Any person subject to the Code who

wrongfully sells, gives, lends, or disposes of a false or

unauthorized military or official pass, permit, discharge

certificate, or identification card, knowing that the pass, permit,

discharge certificate, or identification card is false or

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

C. Wrongful use or possession. Any person subject to the Code

who wrongfully uses or possesses a false or unauthorized military or

official pass, permit, discharge certificate, or identification

card, knowing that the pass, permit, discharge certificate, or

identification card is false or unauthorized, shall be punished as a

court-martial may direct.
Okla. Stat. tit. 44, § 44-885 — OK Code / Title 44 / Section 44-885
Desertion
Status: in_force

ARTICLE 85. Desertion.

A. Any member of the state military forces who:

1. Without authority goes or remains absent from his or her

unit, organization, or place of duty with intent to remain away

therefrom permanently;

2. Quits his or her unit, organization, or place of duty with

intent to avoid hazardous duty or to shirk important service; or

3. Without being regularly separated from one of the force

components of state military forces enlists or accepts an

appointment in the same or another one of the armed forces without

fully disclosing the fact that he or she has not been regularly

separated, or enters any foreign armed service except when

authorized by the United States,

is guilty of desertion.

Oklahoma Statutes - Title 44. Militia Page 145

B. Any commissioned officer of the state military forces who,

after tender of his or her resignation and before notice of its

acceptance, quits his or her post or proper duties without leave and

with intent to remain away therefrom permanently is guilty of

desertion.

C. Any person found guilty of desertion or attempt to desert

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

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

as a court-martial may direct, but if the desertion or attempt to

desert occurs at any other time, by such punishment as a court-

martial may direct.
Okla. Stat. tit. 44, § 44-4334 — OK Code / Title 44 / Section 44-4334
Notice of rights, benefits, and obligations to be posted
Status: in_force

by employer.

A. Requirement to provide notice. Each employer shall identify

their employees who are members of the state military forces and

provide them with a notice of the rights, benefits, and obligations

of employees and employers subject to the Oklahoma Uniformed

Services Employment and Reemployment Rights Act. This notice

Oklahoma Statutes - Title 44. Militia Page 218

requirement may be met by posting the notice where employers

customarily place notices for employees.

B. Content of the notice. The Commissioner of Labor shall

provide employers with the content of the notice required by this

section.
Okla. Stat. tit. 44, § 44-818 — OK Code / Title 44 / Section 44-818
General courts-martial
Status: in_force

ARTICLE 18. General courts-martial.

Subject to Section 817 of this title (Article 17), general

courts-martial shall have jurisdiction to try persons subject to the

Oklahoma Uniform Code of Military Justice for any offense made

punishable by the Code and may, under such limitations as the

Governor or Adjutant General may prescribe by regulation, adjudge

any punishment not forbidden by the Code.
Okla. Stat. tit. 44, § 44-908 — OK Code / Title 44 / Section 44-908
Military property-loss, damage, destruction, or wrongful
Status: in_force

disposition.

ARTICLE 108. Military property-loss, damage, destruction, or

wrongful disposition.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, without proper authority:

1. Sells or otherwise disposes of;

2. Willfully or through neglect damages, destroys, or loses; or

3. Willfully or through neglect suffers to be lost, damaged,

destroyed, sold, or wrongfully disposed of,

any military property of the United States, the State of Oklahoma,

or any other state, shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-74 — OK Code / Title 44 / Section 44-74
Compensation and benefits
Status: in_force

The Adjutant General is authorized to make and publish policy to

determine the amount of compensation and benefits for members of the

Oklahoma National Guard serving in active service of the state and

prescribe the applicable rules and procedures.
Okla. Stat. tit. 44, § 44-904B — OK Code / Title 44 / Section 44-904B
Unlawful enlistment, appointment, or separation
Status: in_force

ARTICLE 104B. Unlawful enlistment, appointment, or separation.

Any person subject to the Oklahoma Uniform Code of Military

Justice who effects an enlistment or appointment in or a separation

from the state military forces of any person who is known to him or

her to be ineligible for that enlistment, appointment, or separation

because it is prohibited by law, regulation, or order shall be

punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-874 — OK Code / Title 44 / Section 44-874
Remission and suspension
Status: in_force

ARTICLE 74. Remission and suspension.

A. The Adjutant General, the State Judge Advocate, or

commanding officer may remit or suspend any part or amount of the

unexecuted part of any sentence, including all uncollected

forfeitures other than a sentence approved by the Governor.

B. The Adjutant General may, for good cause, substitute an

administrative form of discharge for a discharge or dismissal

executed in accordance with the sentence of a court-martial.
Okla. Stat. tit. 44, § 44-836 — OK Code / Title 44 / Section 44-836
Procedure for courts-martial
Status: in_force

ARTICLE 36. Procedure for courts-martial.

A. The procedure, in all cases tried by courts-martial under

the Oklahoma Uniform Code of Military Justice, shall be the federal

Rules for Courts-Martial, as prescribed in the most recent edition

of the Manual for Courts-Martial, United States, including all

amendments thereto adopted from time to time, except when such rules

are contrary to or inconsistent with the Code.

B. The federal Military Rules of Evidence shall govern the

modes of proof in all cases tried by courts-martial under the Code,

as prescribed in the most recent edition of the Manual for Courts-

Martial, United States, including all amendments thereto adopted

from time to time, except when such rules are contrary to or

inconsistent with the Code.

C. The Governor or Adjutant General may promulgate additional

regulations applicable to courts-martial procedure. All regulations

made under this section shall be uniform insofar as practicable.
Okla. Stat. tit. 44, § 44-810 — OK Code / Title 44 / Section 44-810
Restraint of persons charged
Status: in_force

ARTICLE 10. Restraint of persons charged.

Oklahoma Statutes - Title 44. Militia Page 71

A. 1. Unless otherwise provided in paragraph 2 of this

subsection, any person subject to the Oklahoma Uniform Code of

Military Justice who is charged with an offense under the Code may

be ordered into arrest or confinement, as the circumstances require.

2. When a person subject to the Code is charged only with an

offense that is normally tried by summary court-martial, the person

ordinarily shall not be ordered into confinement.

B. 1. When a person subject to the Code is ordered into arrest

or confinement before trial, immediate steps shall be taken:

a. to inform the person of the specific offense of which

the person is accused, and

b. to try the person or to dismiss the charges and

release the person.

2. To facilitate compliance with paragraph 1 of this

subsection, the Adjutant General shall promulgate regulations

setting forth procedures relating to referral for trial, including

procedures for prompt forwarding of the charges and specifications

and, if applicable, the preliminary hearing report submitted under

Section 832 of this title (Article 32).
Okla. Stat. tit. 44, § 44-233.13 — OK Code / Title 44 / Section 44-233.13
Authority to purchase products through a General
Status: in_force

Services Administration contract.

Notwithstanding any other provision of law, the Military

Department of the State of Oklahoma shall be authorized to purchase

products which are available through a General Services

Administration contract. Such products shall not be required to be

on a current state contract before a purchase can be made.
Okla. Stat. tit. 44, § 44-937 — OK Code / Title 44 / Section 44-937
Articles to be explained
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 175

ARTICLE 137. Articles to be explained.

A. 1. The sections of the Oklahoma Uniform Code of Military

Justice specified in paragraph 3 of this subsection shall be

carefully explained, either orally or in writing, to each officer

and enlisted member at the time of, or within one hundred twenty

(120) days after, the officer's or enlisted member's initial

entrance into a duty status with the state military forces.

2. Such articles shall be explained again:

a. after the enlisted member has completed basic or

recruit training, and

b. within ninety (90) days of each re-enlistment.

3. This subsection applies with respect to Sections 802, 803,

807-815, 825, 827, 831, 837, 838, 855, 877-934, and 937-939 of this

title (Articles 2, 3, 7-15, 25, 27, 31, 37, 38, 55, 77-134, and 137-

139).

B. The text of the Code and of the regulations prescribed

pursuant to the Code shall be made available to an officer or

enlisted member of the state military forces, upon request, for the

officer's or enlisted member's personal examination. Electronic or

online availability of the Code and of the regulations prescribed

pursuant to the Code shall constitute availability for purposes of

personal examination by officers or enlisted members of the state

military forces.
Okla. Stat. tit. 44, § 44-242 — OK Code / Title 44 / Section 44-242
Designation - Composition - Distinct from National Guard -
Status: in_force

Place of service.

Such military forces shall be designated as the "Oklahoma State

Guard" and shall be composed of officers commissioned or assigned,

and such able-bodied male citizens of the state as shall volunteer

Oklahoma Statutes - Title 44. Militia Page 51

for service therein. They shall be additional to and distinct from

the National Guard of the State of Oklahoma, as defined in Title 32

of the United States Code. They shall not be required to serve

outside the boundaries of the State of Oklahoma.
Okla. Stat. tit. 44, § 44-852 — OK Code / Title 44 / Section 44-852
Votes required for conviction, sentencing and other
Status: in_force

matters.

ARTICLE 52. Votes required for conviction, sentencing and other

matters.

A. In general. No person may be convicted of an offense in a

general or special court-martial, other than:

1. After a plea of guilty under subsection B of Section 845 of

this title (Article 45, subsection B);

2. By a military judge in a court-martial with a military judge

alone, under Section 816 of this title (Article 16); or

3. In a court-martial with members under Section 816 of this

title (Article 16), by the concurrence of at least three-fourths

(3/4) of the members present when the vote is taken.

B. Level of concurrence required.

1. In general. Except as provided in paragraph 2 of subsection

A of this section, all matters to be decided by members of a general

or special court-martial shall be determined by a majority vote, but

a reconsideration of a finding of guilty or reconsideration of a

sentence, with a view toward decreasing the sentence, may be made by

any lesser vote which indicates that the reconsideration is not

opposed by the number of votes required for that finding or

sentence.

2. Sentencing. All sentences imposed by members under the

Oklahoma Uniform Code of Military Justice shall be determined by the

concurrence of at least three-fourths (3/4) of the members present

when the vote is taken.
Okla. Stat. tit. 44, § 44-876B — OK Code / Title 44 / Section 44-876B
Lack of mental capacity or mental responsibility
Status: in_force

ARTICLE 76B. Lack of mental capacity or mental responsibility.

A. No person accused of violating a punitive section under the

Oklahoma Uniform Code of Military Justice shall be brought to trial

by a general or special court-martial if that person is presently

suffering from a mental disease or defect rendering him or her

mentally incompetent to the extent that he or she is unable to

understand the nature of the proceedings against him or her or to

conduct or cooperate intelligently in the defense of the case.

B. A person is presumed to have the capacity to stand trial

unless the contrary is established.

C. The procedure for determining mental competence shall be

established in regulations promulgated by the Adjutant General.
Okla. Stat. tit. 44, § 44-233.10a — OK Code / Title 44 / Section 44-233.10a
Authority to purchase information technology
Status: in_force

The Military Department of the State of Oklahoma may purchase

information technology including, but not limited to, computer

hardware or software, or any services related to software

development, software modifications, or any other services related

to the operation and maintenance of computer hardware or software or

both, independently and without prior approval from the Office of

Management and Enterprise Services Information Services Division.

All federal programs managed by the Military Department of the State

of Oklahoma shall be exempt from any and all Information Services

Division requirements.
Okla. Stat. tit. 44, § 44-944 — OK Code / Title 44 / Section 44-944
Immunity for duties performed under Code
Status: in_force

ARTICLE 144. Immunity for duties performed under Code.

Any person acting under the provisions of the Oklahoma Uniform

Code of Military Justice, whether as a member of the military or as

a civilian, shall be immune from personal liability for any of the

acts or omissions which he or she did or failed to do as part of his

or her duties under the Code.
Okla. Stat. tit. 44, § 44-4 — OK Code / Title 44 / Section 44-4
Partial invalidity
Status: in_force

If any clause, sentence, paragraph, provision, or part of this

act be adjudged by any court of competent jurisdiction to be

unconstitutional or otherwise invalid, such shall not affect, impair

or invalidate the remainder thereof, but shall be confined to the

clause, sentence, paragraph, provision, or section thereof directly

involved in the controversy in which such judgment is rendered. The

Legislature hereby declares that it intended separately to enact

every sentence, part, clause, provision, and section of this act.
Okla. Stat. tit. 44, § 44-802 — OK Code / Title 44 / Section 44-802
Persons subject to the Oklahoma Uniform Code of Military
Status: in_force

Justice.

ARTICLE 2. Persons subject to the Oklahoma Uniform Code of

Military Justice.

A. The Oklahoma Uniform Code of Military Justice applies to all

members of the state military forces at all times who are not in

active federal service, as defined by Title 10 of the United States

Code.

B. Subject matter jurisdiction is established for military

offenses if a member of the state military forces is in a duty

status under Title 32 of the United States Code or on state active

duty orders. Subject matter jurisdiction is also established for

military and nonmilitary offenses if more likely than not, a nexus

exists between an offense and the state military forces, regardless

of a member's duty status. Courts-martial shall have primary

jurisdiction over military offenses as defined in the Code.

C. The civilian courts shall have primary jurisdiction over

nonmilitary offenses when an act or omission violates both the Code

Oklahoma Statutes - Title 44. Militia Page 65

and local criminal law. In such a case, a court-martial may be

initiated only after the civilian authority has declined to

prosecute or has dismissed the charge, provided jeopardy has not

attached. When a member is not in a duty status under Title 32 of

the United States Code or on state active duty orders, there shall

be a rebuttable presumption that subject matter jurisdiction does

not exist under the Code. The Governor or Adjutant General may

promulgate additional regulations prescribing how a convening

authority shall determine the existence of a nexus between a

nonmilitary offense and state military forces.

D. Jurisdiction over attempted crimes, conspiracy crimes,

solicitation and accessory crimes shall be determined by the

underlying offense.

E. If a commander or officer in charge determines that a nexus

exists between a nonmilitary offense and the state military forces,

for purposes of administrative action, the commander or officer in

charge may impose nonjudicial punishment regardless of whether

courts-martial jurisdiction is then possessed or later acquired by

the state military forces.
Okla. Stat. tit. 44, § 44-240 — OK Code / Title 44 / Section 44-240
Advising on veterans' benefits matters — Restrictions —
Status: in_force

Penalties.

The co-located readiness and joint operating center facilities

constructed by the Military Department or on behalf of the Military

Department shall be named the "Benjamin T. Walkingstick National

Guard Complex".
Okla. Stat. tit. 44, § 44-116 — OK Code / Title 44 / Section 44-116
Accounting by officer before receiving payments
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 28

No further payment shall be made under any provision of this

code to the accountable officer of any organization or unit who does

not fully and satisfactorily account to the Adjutant General for all

monies, theretofore paid, or property issued, to him under any

provision of this code.
Okla. Stat. tit. 44, § 44-858C — OK Code / Title 44 / Section 44-858C
Enforcement of fines or adjudication of pecuniary
Status: in_force

liability.

ARTICLE 58C. Enforcement of fines or adjudication of pecuniary

liability.

When a sentence, including a fine, or a finally approved

adjudication of pecuniary liability under a report of survey or

financial liability investigation of property loss (FLIPL) has been

ordered executed pursuant to regulations promulgated by the Adjutant

General, the collection of the fine or the adjudication of pecuniary

liability may be made executory and enforced by the Oklahoma

Attorney General, or his or her designee, in the judicial district

as described in Section 22 of Title 20 of the Oklahoma Statutes in

which the court martial was held or in the district court judicial

district, where nonjudicial punishment was decided or district court

Oklahoma Statutes - Title 44. Militia Page 119

judicial district of residence of the accused or person against whom

the pecuniary charge was raised in the same manner as a money

judgment in a civil case or by the withholding of any funds due the

accused from the state or any of its agencies in accordance with

regulations prescribed by the Adjutant General. To the extent not

prohibited by federal law or regulation, a fine may be enforced by

withholding federal funds due the accused.
Okla. Stat. tit. 44, § 44-839 — OK Code / Title 44 / Section 44-839
Sessions
Status: in_force

ARTICLE 39. Sessions.

A. At any time after the service of charges which have been

referred for trial to a court-martial composed of a military judge

and members, the military judge may, subject to Section 835 of this

title (Article 35), call the court into session without the presence

of the members for the purpose of:

1. Hearing and determining motions raising defenses or

objections which are capable of determination without trial of the

issues raised by a plea of not guilty;

2. Hearing and ruling upon any matter which may be ruled upon

by the military judge under the Oklahoma Uniform Code of Military

Justice, whether or not the matter is appropriate for later

consideration or decision by the members of the court;

3. Holding the arraignment and receiving the pleas of the

accused;

4. Conducting a sentencing proceeding and sentencing the

accused under paragraph 1 of subsection B of Section 853 of this

title (Article 53, subsection B, paragraph 1); and

5. Performing any other procedural function which may be

performed by the military judge under the Code or under rules

prescribed pursuant to Section 836 of this title (Article 36) and

which does not require the presence of the members of the court.

B. Proceedings under subsection A of this section shall be

conducted in the presence of the accused, the defense counsel, and

the trial counsel and shall be made a part of the record. These

proceedings may be conducted notwithstanding the number of members

of the court and without regard to Section 829 of this title

Oklahoma Statutes - Title 44. Militia Page 99

(Article 29). If authorized by regulations promulgated by the

Adjutant General, and if at least one defense counsel is physically

in the presence of the accused, the presence required by this

subsection may otherwise be established by audiovisual technology,

such as video-teleconferencing technology.

C. When the members of a court-martial deliberate or vote, only

the members may be present. All other proceedings, including any

other consultation of the members of the court with counsel or the

military judge, shall be made a part of the record and shall be in

the presence of the accused, the defense counsel, the trial counsel,

and the military judge.

D. The findings, holdings, interpretations, and other

precedents of military commissions under Chapter 47A of Title 10 of

the United States Code:

1. May not be introduced or considered in any hearing, trial,

or other proceeding of a court-martial under the Code; and

2. May not form the basis of any holding, decision, or other

determination of a court-martial.
Okla. Stat. tit. 44, § 44-4322 — OK Code / Title 44 / Section 44-4322
Refusal to comply – Complaint process
Status: in_force

A. A person who claims that:

1. He or she is entitled under the Oklahoma Uniformed Services

Employment and Reemployment Rights Act to employment or reemployment

rights or benefits with respect to employment; and

Oklahoma Statutes - Title 44. Militia Page 212

2. a. His or her employer has failed or refused, or is about

to fail or refuse, to comply with the provisions of

the Oklahoma Uniformed Services Employment and

Reemployment Rights Act, or

b. His or her employer is a state agency and the employer

or the Office of Management and Enterprise Services,

Human Capital Management, has failed or refused, or is

about to fail or refuse, to comply with the provisions

of the Oklahoma Uniformed Services Employment and

Reemployment Rights Act,

may file a complaint with the Commissioner of Labor as provided in

subsection B of this section, and the Commissioner shall investigate

such complaint.

B. The complaint shall be in writing on a form prescribed by

the Commissioner, include the name and address of the employer

against whom the complaint is filed, and contain a summary of the

allegations that form the basis for the complaint.

C. 1. Not later than five (5) business days after the

Commissioner receives a complaint submitted pursuant to this

section, the Commissioner shall notify the complainant in writing of

his or her rights with respect to the complaint under this section

and Section 17 of this act.

2. The Commissioner shall, upon request, provide technical

assistance to a potential complainant for a complaint under this

subsection and, when appropriate, to the complainant's employer.

D. The Commissioner shall investigate each complaint submitted

pursuant to this section. If the Commissioner determines as a

result of the investigation that the action alleged in the complaint

occurred, the Commissioner shall attempt to resolve the complaint by

making reasonable efforts to ensure that the employer named in the

complaint complies with the provisions of the Oklahoma Uniformed

Services Employment and Reemployment Rights Act.

E. If the efforts of the Commissioner do not resolve the

complaint, the Commissioner shall notify the complainant in writing

of:

1. The results of the Commissioner's investigation; and

2. The complainant's entitlement to proceed under the

enforcement of rights provisions in Section 17 of this act for a

complainant against a state or private employer.

F. Any action required by subsections D and E of this section

for a complaint submitted by a complainant to the Commissioner under

subsection A of this section shall be completed by the Commissioner

not later than ninety (90) days after receipt of the complaint.
Okla. Stat. tit. 44, § 44-824 — OK Code / Title 44 / Section 44-824
Who may convene summary courts-martial
Status: in_force

ARTICLE 24. Who may convene summary courts-martial.

A. Summary courts-martial may be convened by:

1. Any person who may convene a general or special court-

martial;

2. The commanding officer of a battalion in the army component

of state military forces;

3. The commanding officer of a group in the air component of

state military forces; or

4. Any other commanding officer designated by the Adjutant

General.

B. If any such officer is an accuser, the court shall be

convened by superior competent authority, and may in any case be

convened by such authority if considered desirable by that superior

authority.
Okla. Stat. tit. 44, § 44-861 — OK Code / Title 44 / Section 44-861
Waiver of right to appeal - Withdrawal of appeal
Status: in_force

ARTICLE 61. Waiver of right to appeal; withdrawal of appeal.

A. Waiver of right to appeal. After entry of judgment in a

general or special court-martial, under regulations promulgated by

the Adjutant General, the accused may waive the right to appellate

review in each case subject to such review under Section 866 of this

title (Article 66). Such a waiver shall be:

1. Signed by the accused and by defense counsel; and

2. Attached to the record of trial.

B. Withdrawal of appeal. In a general or special court-

martial, the accused may withdraw an appeal at any time.

C. Waiver or withdrawal as bar. A waiver or withdrawal under

this section bars review under Section 866 of this title (Article

66).
Okla. Stat. tit. 44, § 44-881 — OK Code / Title 44 / Section 44-881
Conspiracy
Status: in_force

ARTICLE 81. Conspiracy.

Any person subject to the Oklahoma Uniform Code of Military

Justice who conspires with any other person to commit an offense

under the Code shall, if one or more of the conspirators does an act

to effect the object of the conspiracy, be punished as a court-

martial may direct.
Okla. Stat. tit. 44, § 44-895A — OK Code / Title 44 / Section 44-895A
Disrespect toward sentinel or lookout
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 150

ARTICLE 95A. Disrespect toward sentinel or lookout.

A. Disrespectful language toward sentinel or lookout. Any

person subject to the Oklahoma Uniform Code of Military Justice who,

knowing that another person is a sentinel or lookout, uses wrongful

and disrespectful language that is directed toward and within the

hearing of the sentinel or lookout, who is in the execution of

duties as a sentinel or lookout, shall be punished as a court-

martial may direct.

B. Disrespectful behavior toward sentinel or lookout. Any

person subject to the Code who, knowing that another person is a

sentinel or lookout, behaves in a wrongful and disrespectful manner

that is directed toward and within the sight of the sentinel or

lookout, who is in the execution of duties as a sentinel or lookout,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-235.2 — OK Code / Title 44 / Section 44-235.2
Acceptance of gifts for the Oklahoma National Guard
Status: in_force

Museum.

The Adjutant General of Oklahoma is hereby authorized to accept

gifts for and on behalf of the state of military artifacts, military

books and maps and materials, supplies and equipment which support

the construction and operation of the museum which have been or may

be specifically donated to the Oklahoma National Guard Museum.

The Executive Director of the Oklahoma National Guard Museum is

directed to maintain and preserve appropriate records for all such

gifts made to the museum.

Oklahoma Statutes - Title 44. Militia Page 47

Upon declaring that certain military artifacts or military books

and maps belonging to the Oklahoma National Guard Museum are surplus

to the needs of the museum, the Executive Director of the Oklahoma

National Guard Museum is authorized to effect an exchange of the

same on an equitable basis for military artifacts or military books

and maps needed by the museum and to sell such military artifacts,

books and maps and use the proceeds to fund artifact purchases and

museum upgrades.
Okla. Stat. tit. 44, § 44-876A — OK Code / Title 44 / Section 44-876A
Leave required to be taken pending review of certain
Status: in_force

court-martial convictions.

ARTICLE 76A. Leave required to be taken pending review of

certain court-martial convictions.

Under regulations promulgated by the Adjutant General, an

accused who has been sentenced by a court-martial may be required to

take leave pending completion of action under this part if the

sentence includes an unsuspended dismissal or an unsuspended

dishonorable or bad-conduct discharge. The accused may be required

to begin such leave on the date of the entry of judgment under

Section 860C of this title (Article 60C) or at any time after such

date, and such leave may be continued until the date on which action

Oklahoma Statutes - Title 44. Militia Page 142

under this part is completed or may be terminated at any earlier

time.
Okla. Stat. tit. 44, § 44-828 — OK Code / Title 44 / Section 44-828
Detail or employment of reporters and interpreters
Status: in_force

ARTICLE 28. Detail or employment of reporters and interpreters.

Under such regulations as the Adjutant General may prescribe,

the convening authority of a court-martial or court of inquiry shall

detail or employ qualified court reporters, who shall record the

proceedings of and testimony taken before that court. Under like

regulations the convening authority of a court-martial or court of

inquiry may detail or employ interpreters who shall interpret for

the court.
Okla. Stat. tit. 44, § 44-900 — OK Code / Title 44 / Section 44-900
Subordinate compelling surrender
Status: in_force

ARTICLE 100. Subordinate compelling surrender.

Any person subject to the Oklahoma Uniform Code of Military

Justice who compels or attempts to compel the commander of any

place, vessel, aircraft, or other military property, or of any body

of members of the state military forces, to give it up to an enemy

or to abandon it, or who strikes the colors or flag to an enemy

without proper authority, shall be punished as a court-martial may

direct.
Okla. Stat. tit. 44, § 44-942 — OK Code / Title 44 / Section 44-942
Payment and collection of fines
Status: in_force

ARTICLE 142. Payment and collection of fines.

A. Fines imposed by a military court or through imposition of

nonjudicial punishment shall be paid to the State of Oklahoma and

delivered to the convening authority or his or her designee or in

the case of nonjudicial punishment, the imposing officer. Fines may

be collected in the following manner:

1. By cash or money order;

2. By retention of any pay or allowances due or to become due

to the person fined from any state or the United States; or

3. By garnishment or levy, together with costs, on the wages,

goods, and chattels of a person delinquent in paying a fine, as

provided by law.

B. Any sum so received or retained shall be deposited in the

Military Justice Fund, except that the court may direct that the sum

so received or retained be provided to a victim or victims as

restitution.
Okla. Stat. tit. 44, § 44-844 — OK Code / Title 44 / Section 44-844
Former jeopardy
Status: in_force

ARTICLE 44. Former jeopardy.

A. No person may, without his or her consent, be tried a second

time for the same offense.

B. No proceeding in which an accused has been found guilty by

court-martial upon any charge or specification is a trial in the

sense of this section until the finding of guilty has become final

after review of the case has been fully completed.

C. 1. A court-martial with a military judge alone is a trial

for the purposes of this section if, without fault of the accused:

a. after introduction of evidence, and

b. before announcement of findings under Section 853 of

this title (Article 53),

the case is dismissed or terminated by the convening authority or on

motion of the prosecution for failure of available evidence or

witnesses.

2. A court-martial with a military judge and members is a trial

in the sense of this section if, without fault of the accused:

a. after the members, having taken an oath as members

under Section 842 of this title (Article 42) and after

completion of challenges under Section 841 of this

title (Article 41), are impaneled, and

b. before announcement of findings under Section 853 of

this title (Article 53),

Oklahoma Statutes - Title 44. Militia Page 103

the case is dismissed or terminated by the convening authority or on

motion of the prosecution for failure of available evidence or

witnesses.
Okla. Stat. tit. 44, § 44-228 — OK Code / Title 44 / Section 44-228
Deed or lease by county commissioners to Adjutant General
Status: in_force

The board of county commissioners of any county in the state is

hereby authorized to convey title by deed, or lease for a term of

years, any lands and buildings belonging to or under the control of

the county which are not needed for county purposes, to the Adjutant

General acting as trustee for the Oklahoma National Guard. The

Adjutant General shall not accept any such deed or lease unless the

approval of the Governor of the acceptance be endorsed thereon

attested by the Secretary of State. It shall not be necessary that

the Adjutant General pay any consideration for such deed of

conveyance or lease. After such deed or lease has been delivered

and accepted the Adjutant General shall be authorized to expend

funds appropriated to the Military Department of the state for the

maintenance, repair, and improvement of the lands and buildings,

conveyed or leased. Every such deed or lease shall contain a

reversionary clause to the effect that if the State of Oklahoma or

the Military Department thereof abandons such lands or buildings

they shall revert to the county. All such lands so conveyed or

leased to the Adjutant General shall be under his supervision as to

control and management. Provided, however, that the provisions of

this act shall not in any wise apply to any real estate or property

acquired by the county commissioners at resale.

Oklahoma Statutes - Title 44. Militia Page 36
Okla. Stat. tit. 44, § 44-887 — OK Code / Title 44 / Section 44-887
Missing movement - Jumping from vessel
Status: in_force

ARTICLE 87. Missing movement; jumping from vessel.

A. Missing movement. Any person subject to the Oklahoma

Uniform Code of Military Justice who, through neglect or design,

misses the movement of a ship, aircraft, or unit with which the

person is required in the course of duty to move shall be punished

as a court-martial may direct.

B. Jumping from vessel into the water. Any person subject to

the Code who wrongfully and intentionally jumps into the water from

a vessel in use by the armed forces shall be punished as a court-

martial may direct.
Okla. Stat. tit. 44, § 44-917 — OK Code / Title 44 / Section 44-917
Provoking speeches or gestures
Status: in_force

ARTICLE 117. Provoking speeches or gestures.

Any person subject to the Oklahoma Uniform Code of Military

Justice who uses provoking or reproachful words or gestures towards

Oklahoma Statutes - Title 44. Militia Page 159

any other person subject to the Code shall be punished as a court-

martial may direct.
Okla. Stat. tit. 44, § 44-946 — OK Code / Title 44 / Section 44-946
Continuances for military service
Status: in_force

ARTICLE 146. Continuances for military service.

A. It shall be the duty of any justice, judge, judicial

referee, corporation commissioner, administrative law judge or

hearing officer presiding over any civil, criminal or administrative

proceeding in this state to continue any trial, hearing or other

action pending before the court or an administrative forum when a

party to the pending action or the primary counsel representing a

party to the pending action is not present at the time the case or

matter in question is reached on the docket or schedule by reason of

participation in:

1. Active federal service, as defined in Title 10 of the United

States Code;

2. Title 32 active duty, as defined in Section 801 of this

title (Article 1);

Oklahoma Statutes - Title 44. Militia Page 179

3. Service in other reserve components of the Armed Forces of

the United States, as defined in Title 10 of the United States Code;

or

4. State active duty, as defined in Section 801 of this title

(Article 1).

B. The trial, hearing or other pending action may proceed if

the party, without the presence of his or her primary counsel, or

the primary counsel, without the presence of the party, declares

that the case or matter in question is nevertheless ready to proceed

at the scheduled time.

C. If the primary counsel of a party to the pending action is

not present due to military service pursuant to subsection A of this

section, the party so affected shall declare under oath that he or

she cannot properly proceed with the trial, hearing or other action

pending before the court or administrative forum without the

presence of the primary counsel.

D. If a party to the pending action is not present due to

military service pursuant to subsection A of this section, his or

her legal counsel shall appear and shall state in his or her place

that the case or matter in question cannot properly proceed without

the presence of the absent party.

E. Continuances granted pursuant to this section shall remain

in effect no longer than ninety (90) calendar days. The justice,

judge, judicial referee, corporation commissioner, administrative

law judge or hearing officer may, at his or her discretion, continue

the proceeding in question in order to carry out the administration

of justice. The protections provided to service members in this

section shall be available in addition to any protections afforded

to service members under Section 208.1 of this title.
Okla. Stat. tit. 44, § 44-4317 — OK Code / Title 44 / Section 44-4317
Continuation of health coverage
Status: in_force

A. 1. In any case in which a person or his or her dependents

have coverage under a health plan in connection with the person's

position of employment, including a group health plan as defined in

Section 607(1) of the federal Employee Retirement Income Security

Act of 1974, and the person is absent from his or her position of

employment due to service in the state military forces, the plan

shall provide that he or she may elect to continue such coverage as

provided in this subsection. The maximum period of coverage of a

person and his or her dependents under an election shall be the

lesser of:

a. a twenty-four-month period beginning on the date on

which his or her absence begins, or

b. the day after the date on which the person fails to

apply for or return to a position of employment, as

determined in subsection E of Section 8 of this act.

2. A person who elects to continue health plan coverage under

this section may be required to pay not more than one hundred two

percent (102%) of the full premium under the plan, determined in the

Oklahoma Statutes - Title 44. Militia Page 210

same manner as the applicable premium under Section 4980B(f)(4) of

the Internal Revenue Code of 1986, associated with the coverage for

other employees of the employer, except where a person is absent due

to service in the state military forces for less than thirty-one

(31) days, the person shall not be required to pay more than the

employee share, if any, for such coverage.

3. For a health plan that is a multiemployer plan, as defined

in Section 3(37) of the federal Employee Retirement Income Security

Act of 1974, any liability under the plan for employer contributions

and benefits arising under this paragraph shall be allocated:

a. by the plan in such manner as the plan sponsor shall

provide, or

b. if the sponsor does not provide:

(1) to the last employer employing the person before

the period served by the person in the state

military forces, or

(2) if such last employer is no longer functional, to

the plan.

B. 1. Except as provided in paragraph 2 of this subsection,

for a person whose coverage under a health plan was terminated by

reason of service in the state military forces, or by reason of the

person's having become eligible for medical and dental care provided

to the person incidental to his or her service in the state military

forces, an exclusion or waiting period shall not be imposed in

connection with the reinstatement of coverage upon reemployment

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act if an exclusion or waiting period would not have been

imposed under a health plan had coverage of the person by the plan

not been terminated as a result of the service or eligibility. This

paragraph applies to the person who is reemployed and to any person

who is covered by the plan by reason of the reinstatement of the

coverage of the person. This paragraph shall not apply to the

coverage of any illness or injury determined by the Adjutant General

to have been incurred in, or aggravated during, performance of state

active duty or Title 32 active duty in the state military forces.

2. If a person whose coverage under a health plan is terminated

due to the person becoming eligible for medical and dental care

provided to the person incidental to his or her service in the state

military forces but the person subsequently does not commence a

period of state active duty or Title 32 active duty under the order

to state active duty or Title 32 active duty that established

eligibility because the order is canceled before the duty commences,

the provisions of paragraph 1 of this subsection related to any

exclusion or waiting period in connection with the reinstatement of

coverage under a health plan shall apply to the person's continued

employment, upon the termination of eligibility for medical and

dental care provided to the person due to his or her service in the

Oklahoma Statutes - Title 44. Militia Page 211

state military forces that is incident to the cancellation of the

order, in the same manner as if the person had become reemployed

upon termination of eligibility.
Okla. Stat. tit. 44, § 44-920 — OK Code / Title 44 / Section 44-920
Sexual assault generally
Status: in_force

ARTICLE 120. Sexual assault generally.

A. Sexual assault. Any person subject to the Oklahoma Uniform

Code of Military Justice who:

1. Commits a sexual act upon another person by:

a. threatening or placing that other person in fear,

b. making a fraudulent representation that the sexual act

serves a professional purpose, or

c. inducing a belief by any artifice, pretense, or

concealment that the person is another person;

2. Commits a sexual act upon another person:

a. without the consent of the other person, or

b. when the person knows or reasonably should know that

the other person is asleep, unconscious, or otherwise

unaware that the sexual act is occurring; or

3. Commits a sexual act upon another person when the other

person is incapable of consenting to the sexual act due to:

a. impairment by any drug, intoxicant, or other similar

substance, and that condition is known or reasonably

should be known by the person, or

b. a mental disease or defect, or physical disability,

and that condition is known or reasonably should be

known by the person,

is guilty of sexual assault and shall be punished as a court-martial

may direct.

B. Aggravated sexual contact. Any person subject to the

Oklahoma Uniform Code of Military Justice who commits or causes

sexual contact upon or by another person, if to do so would violate

Section 1111 of Title 21 of the Oklahoma Statutes, had the sexual

contact been a sexual act as defined in subsection F of this

section, is guilty of aggravated sexual contact and shall be

punished as a court-martial may direct.

C. Abusive sexual contact. Any person subject to the Code who

commits or causes sexual contact upon or by another person, if to do

so would violate subsection A of this section had the sexual contact

been a sexual act, is guilty of abusive sexual contact and shall be

punished as a court-martial may direct.

D. Proof of threat. In a prosecution under this section, in

proving that a person made a threat, it need not be proven that the

person actually intended to carry out the threat or had the ability

to carry out the threat.

Oklahoma Statutes - Title 44. Militia Page 162

E. Defenses. An accused may raise any applicable defenses

available under the Code or the Rules for Court-Martial contained in

the most recent edition of the Manual for Courts-Martial, United

States, including all amendments thereto adopted from time to time,

except when such rules are contrary to or inconsistent with the

Code. Marriage is not a defense for any conduct in issue in any

prosecution under this section.

F. Definitions. In this section:

1. Sexual act. The term "sexual act" means:

a. the penetration, however slight, of the penis into the

vulva or anus or mouth,

b. contact between the mouth and the penis, vulva,

scrotum, or anus, or

c. the penetration, however slight, of the vulva or penis

or anus of another by any part of the body or any

object, with an intent to abuse, humiliate, harass, or

degrade any person or to arouse or gratify the sexual

desire of any person;

2. Sexual contact. The term "sexual contact" means touching,

or causing another person to touch, either directly or through the

clothing, the vulva, penis, scrotum, anus, groin, breast, inner

thigh, or buttocks of any person, with an intent to abuse,

humiliate, harass, or degrade any person or to arouse or gratify the

sexual desire of any person. Touching may be accomplished by any

part of the body or an object;

3. Grievous bodily harm. The term "grievous bodily harm" means

serious bodily injury. It includes fractured or dislocated bones,

deep cuts, torn members of the body, serious damage to internal

organs, and other severe bodily injuries. It does not include minor

injuries such as a black eye or a bloody nose;

4. Force. The term "force" means:

a. the use of a weapon,

b. the use of such physical strength or violence as is

sufficient to overcome, restrain, or injure a person,

or

c. inflicting physical harm sufficient to coerce or

compel submission by the victim;

5. Unlawful force. The term "unlawful force" means an act of

force done without legal justification or excuse;

6. Threatening or placing that other person in fear. The term

"threatening or placing that other person in fear" means a

communication or action that is of sufficient consequence to cause a

reasonable fear that noncompliance will result in the victim or

another person being subjected to the wrongful action contemplated

by the communication or action;

7. Consent.

Oklahoma Statutes - Title 44. Militia Page 163

a. the term "consent" means a freely given agreement to

the conduct at issue by a competent person. An

expression of lack of consent through words or conduct

means there is no consent. Lack of verbal or physical

resistance does not constitute consent. Submission

resulting from the use of force, threat of force, or

placing another person in fear also does not

constitute consent. A current or previous dating or

social or sexual relationship by itself or the manner

of dress of the person involved with the accused in

the conduct at issue does not constitute consent,

b. a sleeping, unconscious, or incompetent person cannot

consent. A person cannot consent to force causing or

likely to cause death or grievous bodily harm or to

being rendered unconscious. A person cannot consent

while under threat or in fear or under the

circumstances described in subparagraph b or c of

paragraph 1 of subsection A of this section,

c. all the surrounding circumstances are to be considered

in determining whether a person gave consent; and

8. Incapable of consenting. The term "incapable of consenting"

means the person is:

a. incapable of appraising the nature of the conduct at

issue, or

b. physically incapable of declining participation in, or

communicating unwillingness to engage in, the sexual

act at issue.
Okla. Stat. tit. 44, § 44-814 — OK Code / Title 44 / Section 44-814
Delivery of offenders to civil authorities
Status: in_force

ARTICLE 14. Delivery of offenders to civil authorities.

A. Under such regulations as the Adjutant General may

prescribe, a person subject to the Oklahoma Uniform Code of Military

Justice who is in a duty status and who is accused of an offense

against civil authority may be delivered, upon request, to the civil

authority for trial.

B. When delivery under this section is made to any civil

authority of a person undergoing sentence of a court-martial, the

delivery, if followed by conviction in a civil tribunal, interrupts

the execution of the sentence of the court-martial, and the

offender, after having answered to the civil authorities of his or

her offense shall, upon the request of competent military authority,

be returned to the place of original custody for the completion of

his or her sentence.
Okla. Stat. tit. 44, § 44-870 — OK Code / Title 44 / Section 44-870
Appellate counsel
Status: in_force

ARTICLE 70. Appellate counsel.

Oklahoma Statutes - Title 44. Militia Page 139

A. The State Judge Advocate shall detail in his or her office

one or more commissioned officers as appellate government counsel,

and one or more commissioned officers as appellate defense counsel,

who are qualified under paragraph 1 of subsection B of Section 827

of this title (Article 27, subsection B, paragraph 1).

B. Appellate government counsel shall represent the State of

Oklahoma before the Military Court of Appeals or the Court of

Criminal Appeals when directed to do so by the State Judge Advocate.

C. Appellate defense counsel shall represent the accused before

the Military Court of Appeals, or the Court of Criminal Appeals:

1. When requested by the accused;

2. When the State of Oklahoma is represented by counsel; or

3. When the State Judge Advocate has sent the case to the

Military Court of Appeals.

D. The accused has the right to be represented before the

Military Court of Appeals, or the Court of Criminal Appeals by

civilian counsel if provided by him or her.

E. Military appellate counsel shall also perform such other

functions in connection with the review of court-martial cases as

the State Judge Advocate directs.

F. As provided in regulations promulgated by the Adjutant

General, if needed, the State Judge Advocate may employ civilian

appellate counsel for the government and for the defense.
Okla. Stat. tit. 44, § 44-849 — OK Code / Title 44 / Section 44-849
Depositions
Status: in_force

ARTICLE 49. Depositions.

Oklahoma Statutes - Title 44. Militia Page 108

A. In general.

1. Subject to paragraph 2 of this subsection, a convening

authority or a military judge may order depositions at the request

of any party.

2. A deposition may be ordered under paragraph 1 of this

subsection only if the requesting party demonstrates that, due to

exceptional circumstances, it is in the interest of justice that the

testimony of a prospective witness be preserved for use at a court-

martial or court of inquiry.

3. A party who requests a deposition under this section shall

give to every other party reasonable written notice of the time and

place for the deposition.

4. A deposition under this section shall be taken before, and

authenticated by, an impartial officer, as follows:

a. whenever practicable, by an impartial judge advocate

certified under subsection B of Section 827 of this

title (Article 27, subsection B), and

b. in exceptional circumstances, by an impartial military

or civil officer authorized to administer oaths by:

(1) the laws of the United States, or

(2) the laws of the place where the deposition is

taken.

B. Representation by counsel. Representation of the parties

with respect to a deposition shall be by counsel detailed in the

same manner as trial counsel and defense counsel are detailed under

Section 827 of this title (Article 27). In addition, the accused

shall have the right to be represented by civilian or military

counsel in the same manner as such counsel is provided for in

subsection B of Section 838 of this title (Article 38, subsection

B).

C. Admissibility and use as evidence. A deposition order under

subsection A of this section does not control the admissibility of

the deposition in a court-martial or other proceeding under the

Oklahoma Uniform Code of Military Justice. A party may use all or

part of a deposition as provided by the federal Military Rules of

Evidence.
Okla. Stat. tit. 44, § 44-821 — OK Code / Title 44 / Section 44-821
Convening of court-martial by federal officials
Status: in_force

ARTICLE 21. Convening of court-martial by federal officials.

In no case shall the President of the United States, the

Secretary of Defense, the secretary of a military department, a

military officer serving on active duty within the meaning of Title

10 of the United States Code, or any other federal official convene

a court-martial proceeding pursuant to the Oklahoma Military Code

unless prior consent has been granted by the Governor. Such

consent, if granted by the Governor, shall be accomplished in

writing and shall be published by the Governor.
Okla. Stat. tit. 44, § 44-231b — OK Code / Title 44 / Section 44-231b
Protection of assets vital to national security
Status: in_force

A. Subject to the conditions and limitations established in

regulations promulgated by the Governor, the state military forces

may use all appropriate means necessary to protect assets vital to

national security classified as such pursuant to the rules,

regulations or instructions promulgated by the United States

Department of Defense or the military departments of the United

Oklahoma Statutes - Title 44. Militia Page 39

States Department of Defense or as otherwise ordered by the

Governor.

B. Any regulations promulgated by the Governor pursuant to this

section shall be considered a military publication as defined in

Section 801 of this title and shall be published and archived by the

Secretary of State.
Okla. Stat. tit. 44, § 44-830 — OK Code / Title 44 / Section 44-830
Charges and specifications
Status: in_force

ARTICLE 30. Charges and specifications.

A. Charges and specifications:

1. May be preferred only by a person subject to the Oklahoma

Uniform Code of Military Justice; and

2. Shall be preferred by presentment in writing, signed under

oath before a commissioned officer of the armed forces who is

authorized to administer oaths.

B. The writing specified in paragraph 2 of subsection A of this

section shall state that the signer:

1. Has personal knowledge of, or has investigated, the matters

set forth in the charges and specifications; and

Oklahoma Statutes - Title 44. Militia Page 90

2. The matters set forth in the charges and specifications are

true, to the best of the knowledge and belief of the signer.

C. When charges and specifications are preferred under

subsection A of this section, the proper authority shall, as soon as

practicable:

1. Inform the person accused of the charges and specifications;

and

2. Determine what disposition should be made of the charges and

specifications in the interest of justice and discipline.
Okla. Stat. tit. 44, § 44-873 — OK Code / Title 44 / Section 44-873
Petition for a new trial
Status: in_force

ARTICLE 73. Petition for a new trial.

At any time within three (3) years after the date of the entry

of judgment under Section 860C of this title (Article 60C), the

accused may petition the State Judge Advocate for a new trial on the

grounds of newly discovered evidence or fraud on the court. If the

accused's case is pending before the Military Court of Appeals or

before the Court of Criminal Appeals, the State Judge Advocate shall

refer the petition to the appropriate court for action. Otherwise,

the State Judge Advocate shall act upon the petition.
Okla. Stat. tit. 44, § 44-882 — OK Code / Title 44 / Section 44-882
Soliciting commission of offenses
Status: in_force

ARTICLE 82. Soliciting commission of offenses.

A. Soliciting commission of offenses generally. Any person

subject to the Oklahoma Uniform Code of Military Justice who

solicits or advises another to commit an offense under the Code,

other than an offense specified in subsection B of this section,

shall be punished as a court-martial may direct.

B. Soliciting desertion, mutiny, sedition, or misbehavior

before the enemy. Any person subject to the Code who solicits or

advises another to violate Section 885 of this title (Article 85),

Oklahoma Statutes - Title 44. Militia Page 144

Section 894 of this title (Article 94), or Section 899 of this title

(Article 99):

1. If the offense solicited or advised is attempted or is

committed, shall be punished with the punishment provided for the

commission of the offense; and

2. If the offense solicited or advised is not attempted or

committed, shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-850A — OK Code / Title 44 / Section 44-850A
Defense of lack of mental responsibility
Status: in_force

ARTICLE 50A. Defense of lack of mental responsibility.

A. It is an affirmative defense in a trial by court-martial

that, at the time of the commission of the acts constituting the

offense, the accused, as a result of a severe mental disease or

defect, was unable to appreciate the nature and quality or the

wrongfulness of the acts. Mental disease or defect does not

otherwise constitute a defense.

B. The accused has the burden of proving the defense of lack of

mental responsibility by clear and convincing evidence.

C. Whenever lack of mental responsibility of the accused with

respect to an offense is properly at issue, the military judge shall

instruct the members of the court as to the defense of lack of

mental responsibility under this section and shall charge them to

find the accused:

1. Guilty;

2. Not guilty; or

3. Not guilty only by reason of lack of mental responsibility.

D. Subsection C of this section does not apply to a court-

martial composed of a military judge only. In the case of a court-

martial composed of a military judge only, whenever lack of mental

responsibility of the accused with respect to an offense is properly

at issue, the military judge shall find the accused:

1. Guilty;

2. Not guilty; or

3. Not guilty only by reason of lack of mental responsibility.

E. Notwithstanding the provisions of Section 852 of this title

(Article 52), the accused shall be found not guilty only by reason

of lack of mental responsibility if:

Oklahoma Statutes - Title 44. Militia Page 110

1. A majority of the members of the court-martial present at

the time the vote is taken determines that the defense of lack of

mental responsibility has been established; or

2. In the case of a court-martial composed of a military judge

only, the military judge determines that the defense of lack of

mental responsibility has been established.
Okla. Stat. tit. 44, § 44-26 — OK Code / Title 44 / Section 44-26
Duties of the Adjutant General
Status: in_force

A. The Adjutant General shall be in control of the Military

Department of the State of Oklahoma, subordinate only to the

Governor. Within the limitations and under the provisions of law,

he or she shall supervise and direct the Oklahoma National Guard

within the service of the state and when under state control in all

of its organization, training and other activities; shall receive

and give effect to the orders of the Governor; and shall perform

such other military and defense duties, not otherwise assigned by

law, as the Governor may prescribe. The Adjutant General shall have

the authority to arm members of the state military forces on

military installations and other places under the control of the

Military Department with weaponry as the Adjutant General deems

necessary to adequately provide for the security of the facilities

and their occupants.

B. The Adjutant General, when absent from the state, may

temporarily delegate any authority vested under this title and any

such duties as an agency appointing authority to an Assistant

Adjutant General, other state officer or employee within the

Military Department of the State of Oklahoma. Such temporary

delegations of authority pursuant to this subsection shall be

Oklahoma Statutes - Title 44. Militia Page 18

accomplished in writing. The Adjutant General may also promulgate

regulations providing for the delegation of any such authority.

C. The Adjutant General shall develop, publish and maintain an

organizational chart depicting the chain of command between the

Adjutant General and the major commands of the Oklahoma National

Guard. Besides the major commands defined in Section 801 of this

title (Article 1), the Adjutant General, in his or her discretion,

may designate other military units within the Oklahoma National

Guard as major commands.

D. The organizational chart required in subsection C of this

section shall be updated no less than annually and shall include all

enlisted and officer billets assigned to joint forces headquarters

and shall depict all existing command relationships established by

the Adjutant General within joint forces headquarters. The

organizational chart required herein shall not be considered a

military publication within the meaning of Section 801 of this title

(Article 1).

E. In accordance with all relevant requirements of the United

States Army, the United States Air Force or the National Guard

Bureau, the Adjutant General shall develop, publish and maintain an

enlisted and officer rating scheme for all enlisted and officer

billets assigned to joint forces headquarters. The rating scheme

required herein shall not be considered a military publication

within the meaning of Section 801 of this title (Article 1).

F. Pursuant to the rules established by the Adjutant General,

the Military Department of the State of Oklahoma is authorized to

expend appropriated and nonappropriated funds to enhance recruiting

and retention efforts for the Oklahoma National Guard.

G. The Adjutant General may establish rules allowing the

Military Department of the State of Oklahoma to accept donations and

bequests to create a program for the benefit of members of the

Oklahoma National Guard.

H. The Adjutant General shall serve as the chief of all fire

protection units operating under the Oklahoma Military Department

and shall supervise and administer the fire protection units in

accordance with the rules and procedures prescribed by the Military

Department.

I. The Adjutant General shall serve as the chief of all police

units and officers appointed under the Oklahoma Military Department.

The Adjutant General may appoint police officers in accordance with

Section 230 of this title.
Okla. Stat. tit. 44, § 44-3 — OK Code / Title 44 / Section 44-3
Reference to repealed clauses
Status: repealed

When an act or law of the State of Oklahoma, not repealed

herein, shall refer to any act or any section of any law which is

repealed herein, such reference shall be deemed to refer to the

section or sections of this act covering the same subject matter.
Okla. Stat. tit. 44, § 44-41 — OK Code / Title 44 / Section 44-41
Composition of Militia - Classes
Status: in_force

The Militia of the State of Oklahoma shall consist of all able-

bodied citizens of the United States and all other able-bodied

persons who shall be or shall have declared their intentions to

become citizens of the United States, who shall be more than

seventeen (17) years of age and not more than seventy (70) years of

age, and said militia shall be divided into three (3) classes: The

National Guard, the Oklahoma State Guard, and the Unorganized

Militia.
Okla. Stat. tit. 44, § 44-825 — OK Code / Title 44 / Section 44-825
Who may serve on courts-martial
Status: in_force

ARTICLE 25. Who may serve on courts-martial.

A. Any commissioned officer who is a member of the same force

component as the accused is eligible to serve on all courts-martial

for the trial of any person who may lawfully be brought before such

courts for trial.

B. Any warrant officer who is a member of the same force

component as the accused is eligible to serve on general and special

courts-martial for the trial of any person, other than a

commissioned officer, who may lawfully be brought before such courts

for trial.

C. 1. Any enlisted member from the same force component as the

accused is eligible to serve on a general or special court-martial

for the trial of an enlisted member.

2. Before a court-martial with a military judge and members is

assembled for trial, an enlisted member who is an accused may

personally request, orally on the record or in writing, that:

a. the membership of the court-martial be comprised

entirely of officers, or

b. enlisted members comprise at least one-third (1/3) of

the membership of the court-martial, regardless of

whether enlisted members have been detailed to the

court-martial.

Oklahoma Statutes - Title 44. Militia Page 83

3. After such a request, the accused may not be tried by a

general or special court-martial if the membership of the court-

martial is inconsistent with the request.

D. The accused in a court-martial with a military judge and

members may, after the findings are announced and before any matter

is presented in the sentencing phase, request, orally on the record

or in writing, sentencing by members.

E. 1. No person subject to the Oklahoma Uniform Code of

Military Justice may be tried by a court-martial any member of which

is junior to him or her in rank or grade.

2. When convening a court-martial, the convening authority

shall detail as members thereof such members of the same force

component as the accused as, in his or her opinion, are best

qualified for the duty by reason of age, education, training,

experience, length of service, and judicial temperament. No member

of the state military force is eligible to serve as a member of a

general or special court-martial when he or she is the accuser or a

witness or has acted as preliminary hearing officer or as counsel in

the same case.

3. The convening authority shall detail not less than the

number of members necessary to impanel the court-martial under

Section 829 of this title (Article 29).

F. Before a court-martial is assembled for the trial of a case,

the convening authority may excuse a member of the court from

participating in the case. Under regulations promulgated by the

Adjutant General, the convening authority may delegate his or her

authority under this subsection to his or her staff judge advocate,

to an assistant staff judge advocate or to any other principal

assistant.
Okla. Stat. tit. 44, § 44-875 — OK Code / Title 44 / Section 44-875
Restoration
Status: in_force

ARTICLE 75. Restoration.

A. Under such regulations as the Adjutant General may

promulgate, all rights, privileges, and property affected by an

executed part of a court-martial sentence which has been set aside

or disapproved, except an executed dismissal or discharge, shall be

restored unless a new trial or rehearing is ordered and such

executed part is included in a sentence imposed upon the new trial

or rehearing.

B. If a previously executed sentence of dishonorable or bad-

conduct discharge is not imposed on a new trial, the Adjutant

General shall substitute therefor a form of discharge authorized for

administrative issuance unless the accused is to serve out the

remainder of his or her enlistment.

C. If a previously executed sentence of dismissal is not

imposed on a new trial, the Adjutant General shall substitute

therefor a form of discharge authorized for administrative issue,

Oklahoma Statutes - Title 44. Militia Page 141

and the commissioned officer dismissed by that sentence may be

reappointed solely by the Governor to such commissioned grade and

with such rank as in the opinion of the Governor that former officer

would have attained had he or she not been dismissed. The

reappointment of such a former officer shall be without regard to

the existence of a vacancy and shall affect the promotion status of

other officers only insofar as the Governor may direct. All time

between the dismissal and the reappointment shall be considered as

actual service for all purposes, including the right to pay and

allowances.

D. The Governor or Adjutant General shall prescribe

regulations, with such limitations as the Governor or Adjutant

General considers appropriate, governing eligibility for pay and

allowances for the period after the date on which an executed part

of a court-martial sentence is set aside.
Okla. Stat. tit. 44, § 44-28 — OK Code / Title 44 / Section 44-28
Petty cash fund
Status: in_force

There is hereby created a petty cash fund for programs of the

Oklahoma Military Department, including but not limited to billeting

funds, youth programs and military awards and decoration programs,

the sum of which shall be determined as agreeable to the Oklahoma

Military Department and the Director of the Office of Management and

Oklahoma Statutes - Title 44. Militia Page 20

Enterprise Services. The Director shall establish procedures for

the administration of this petty cash fund.
Okla. Stat. tit. 44, § 44-833 — OK Code / Title 44 / Section 44-833
Disposition guidance
Status: in_force

ARTICLE 33. Disposition guidance.

The Adjutant General shall issue nonbinding guidance regarding

factors that commanders, convening authorities, staff judge

advocates, and judge advocates should take into account when

exercising their duties with respect to disposition of charges and

specifications in the interest of justice and discipline under

Sections 830 and 834 of this title (Articles 30 and 34). Such

guidance shall take into account, with appropriate consideration of

military requirements, the principles contained in official guidance

of the United States Attorney General to attorneys for the

government with respect to disposition of federal criminal cases in

accordance with the principle of fair and evenhanded administration

of federal criminal law.
Okla. Stat. tit. 44, § 44-47 — OK Code / Title 44 / Section 44-47
Period of enlistment - Qualifications - Reenlistment - Oath
Status: in_force

- Relinquishment of custody of minor child.

A. Enlistments in the National Guard. Hereafter, the period of

enlistment in the National Guard of this state shall be for three

(3) years or such other time as prescribed by National Guard

regulations, and the qualifications for enlistment shall be the same

as those prescribed for admission to the Regular Army or Regular Air

Force or National Guard regulations; provided that the privilege of

continuing in active service during the whole of an enlistment

period and of reenlisting in the said service shall not be denied

except as herein otherwise provided. Unless otherwise prohibited by

federal law or by Department of Army, Department of Air Force or

National Guard Bureau regulations, enlisted members and prospective

members of the Oklahoma Army and Air National Guard who have

successfully completed the requirements for and have obtained a

General Education Diploma (G.E.D.) shall be awarded a high school

diploma by the State of Oklahoma. The State Department of Education

shall issue this high school diploma. Such diploma shall be limited

to the purposes of enlistment and admission in the National Guard

pursuant to the provisions of this section. Such purpose shall be

specified on the high school diploma. All enlisted men of the

National Guard of this state shall sign an enlistment contract and

take and subscribe to the oath required by National Guard

regulations. Any officer or warrant officer of the Armed Forces of

the United States may administer the enlistment oath.

B. 1. By complying with this subsection, a single custodial

parent who is an applicant for enlistment in the Oklahoma National

Guard satisfies the requirements of National Guard Regulation 600-

200 or Air National Guard Regulation 39-09 regarding the placement

of the physical custody of a minor child with an adult blood

relative of the child within the third degree of consanguinity for

all periods of active duty during the term of enlistment. A

document placing the physical custody of a child pursuant to this

subsection shall:

a. be in writing,

Oklahoma Statutes - Title 44. Militia Page 22

b. clearly identify the child, the person with whom

physical custody is being placed, that person's

relationship to the child, and the period of

enlistment for which physical custody is to be placed,

c. be executed by the parent/applicant before a notary

public, and

d. clearly state that it is for all purposes, including

health care, during the periods of time in question.

2. A certified copy or executed copy of the document required

by this subsection shall become a part of the applicant's permanent

Oklahoma National Guard file.

3. Nothing in this section shall terminate, interfere, delay or

negate any right of visitation by the noncustodial parent, or any

person granted visitation by court order.

4. It is the intent of the Legislature that the placement of

physical custody of a child pursuant to the provisions of this

section shall not be a substantial change to any existing custody

decree nor shall it be deemed a voluntary permanent relinquishment

of custody.
Okla. Stat. tit. 44, § 44-4311 — OK Code / Title 44 / Section 44-4311
Employment rights – Discrimination by employer
Status: in_force

A. A person who is a member of, applies to be a member of,

performs, has performed, applies to perform, or has an obligation to

perform service in the state military forces shall not be denied

initial employment, reemployment, retention in employment,

promotion, or any benefit of employment by an employer on the basis

of that membership, application for membership, performance of

service, application for service, or obligation.

B. An employer shall not discriminate in employment against or

take any adverse employment action against any person because the

person:

1. Has taken an action to enforce a protection afforded

pursuant to the Oklahoma Uniformed Services Employment and

Reemployment Rights Act;

2. Has testified or otherwise made a statement in or in

connection with any proceeding under the Oklahoma Uniformed Services

Employment and Reemployment Rights Act;

3. Has assisted or otherwise participated in an investigation

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act; or

4. Has exercised a right provided for in the Oklahoma Uniformed

Services Employment and Reemployment Rights Act.

The prohibition in this subsection shall apply with respect to a

person regardless of whether that person has performed service in

the state military forces.

C. An employer shall be considered to have engaged in actions

prohibited:

1. Under subsection A of this section if the person's

membership, application for membership, service, application for

service, or obligation for service in the state military forces is a

motivating factor in the employer's action, unless the employer can

prove that the action would have been taken in the absence of such

membership, application for membership, service, application for

service, or obligation for service; or

2. Under subsection B of this section if the person's:

a. action to enforce a protection afforded any person

under the Oklahoma Uniformed Services Employment and

Reemployment Rights Act,

b. testimony or making of a statement in or in connection

with any proceeding under the Oklahoma Uniformed

Services Employment and Reemployment Rights Act,

c. assistance or other participation in an investigation

under the Oklahoma Uniformed Services Employment and

Reemployment Rights Act, or

d. exercise of a right provided for in the Oklahoma

Uniformed Services Employment and Reemployment Rights

Act,

Oklahoma Statutes - Title 44. Militia Page 198

is a motivating factor in the employer's action, unless the employer

can prove that the action would have been taken in the absence of

such person's enforcement action, testimony, statement, assistance,

participation, or exercise of a right.

D. The prohibitions in subsections A and B of this section

shall apply to any position of employment, including a position that

is described in subparagraph c of paragraph 1 of subsection D of

Section 8 of this act.
Okla. Stat. tit. 44, § 44-865 — OK Code / Title 44 / Section 44-865
Transmittal and review of records
Status: in_force

ARTICLE 65. Transmittal and review of records.

A. Transmittal of records.

1. Finding of guilty in general or special court-martial. If

the judgment of a general or special court-martial entered under

Oklahoma Statutes - Title 44. Militia Page 128

Section 860C of this title (Article 60C) includes a finding of

guilty, the record shall be transmitted to the State Judge Advocate.

2. Other cases. In all other cases, records of trial by court-

martial and related documents shall be transmitted and disposed of

as the Adjutant General may prescribe by regulation.

B. Cases for direct appeal.

1. Automatic review. If the judgment includes a sentence of

dismissal of a commissioned officer, or cadet, dishonorable

discharge or bad-conduct discharge, or confinement for two (2) years

or more, the State Judge Advocate shall forward the record of trial

to the Military Court of Appeals for review under paragraph 3 of

subsection F of Section 866 of this title (Article 66, subsection F,

paragraph 3).

2. Cases eligible for direct appeal review.

a. In general. If the case is eligible for direct review

under paragraph 1 of subsection F of Section 866 of

this title (Article 66, subsection F, paragraph 1),

the State Judge Advocate shall:

(1) forward a copy of the record of trial to an

appellate defense counsel who shall be detailed

to review the case and, upon request of the

accused, to represent the accused before the

Military Court of Appeals, and

(2) upon written request of the accused, forward a

copy of the record of trial to civilian counsel

provided by the accused.

b. Inapplicability. Subparagraph a of this paragraph

shall not apply if the accused:

(1) waives the right to appeal under Section 861 of

this title (Article 61), or

(2) declines in writing the detailing of appellate

defense counsel under division (1) of

subparagraph a of this paragraph.

C. Notice of right to appeal.

1. In general. The State Judge Advocate shall provide notice

to the accused of the right to file an appeal under paragraph 1 of

subsection F of Section 866 of this title (Article 66, subsection F,

paragraph 1) by means of depositing in the United States mail for

delivery by first-class certified mail to the accused at an address

provided by the accused or, if no such address has been provided by

the accused, at the latest address listed for the accused in the

official service record of the accused.

2. Inapplicability upon waiver of appeal. Paragraph 1 of this

subsection shall not apply if the accused waives the right to appeal

under Section 861 of this title (Article 61).

D. Review by State Judge Advocate.

Oklahoma Statutes - Title 44. Militia Page 129

1. By whom. A review conducted under this subsection may be

conducted by an attorney within the Office of the State Judge

Advocate or another attorney designated under regulations prescribed

by the Adjutant General.

2. Review of cases not eligible for direct appeal.

a. In general. A review under subparagraph b of this

paragraph shall be completed in each general and

special court-martial that is not eligible for direct

appeal under paragraph 1 or 3 of subsection F of

Section 866 of this title (Article 66, subsection F,

paragraph 1 or 3).

b. Scope of review. A review referred to in subparagraph

a of this paragraph shall include a written decision

providing each of the following:

(1) a conclusion as to whether the court had

jurisdiction over the accused and the offense,

(2) a conclusion as to whether the charge and

specification stated an offense,

(3) a conclusion as to whether the sentence was

within the limits prescribed as a matter of law,

and

(4) a response to each allegation of error made in

writing by the accused.

3. Review when direct appeal is waived, withdrawn, or not

filed.

a. In general. A review under subparagraph b of this

paragraph shall be completed in each general and

special court-martial if:

(1) the accused waives the right to appeal or

withdraws appeal under Section 861 of this title

(Article 61), or

(2) the accused does not file a timely appeal in a

case eligible for direct appeal under

subparagraph a, b or c of paragraph 1 of

subsection F of Section 866 of this title

(Article 66, subsection F, paragraph 1,

subparagraph a, b or c).

b. Scope of review. A review referred to in subparagraph

a of this paragraph shall include a written decision

limited to providing conclusions on the matters

specified in divisions (1), (2) and (3) of

subparagraph b of paragraph 2 of this subsection.

E. Remedy.

1. In general. If, after a review of a record under subsection

D of this section, the attorney conducting the review believes

corrective action may be required, the record shall be forwarded to

Oklahoma Statutes - Title 44. Militia Page 130

the State Judge Advocate, who may set aside the findings or

sentence, in whole or in part.

2. Rehearing. In setting aside findings or sentence, the State

Judge Advocate may order a rehearing, except that a rehearing may

not be ordered in violation of Section 844 of this title (Article

44).

3. Remedy without rehearing.

a. Dismissal when no rehearing ordered. If the State

Judge Advocate sets aside findings and sentence and

does not order a rehearing, the State Judge Advocate

shall dismiss the charges.

b. Dismissal when rehearing impractical. If the State

Judge Advocate sets aside findings and orders a

rehearing and the convening authority determines that

a rehearing would be impractical, the convening

authority shall dismiss the charges.
Okla. Stat. tit. 44, § 44-816 — OK Code / Title 44 / Section 44-816
Courts-martial classified
Status: in_force

ARTICLE 16. Courts-martial classified.

A. The three kinds of courts-martial in the state military

forces are the following:

Oklahoma Statutes - Title 44. Militia Page 78

1. General courts-martial, as described in subsection B of this

section;

2. Special courts-martial, as described in subsection C of this

section; and

3. Summary courts-martial, as described in subsection D of this

section.

B. General courts-martial. General courts-martial are of the

following two types:

1. A general court-martial consisting of a military judge and

eight members, subject to paragraph 3 of subsection E of Section 825

and Section 829 of this title (Article 25, subsection E, paragraph

3, and Article 29); and

2. A general court-martial consisting of a military judge

alone, if, before the court is assembled, the accused, knowing the

identity of the military judge and after consultation with defense

counsel, requests, orally on the record or in writing, a court

composed of a military judge alone and the military judge approves

the request.

C. Special courts-martial. Special courts-martial are of the

following two types:

1. A special court-martial consisting of a military judge and

four members, subject to paragraph 3 of subsection E of Section 825

and Section 829 of this title (Article 25, subsection E, paragraph

3, and Article 29); and

2. A special court-martial consisting of a military judge

alone:

a. if the case is so referred by the convening authority,

subject to Section 819 of this title (Article 19) and

such limitations as may be prescribed by regulations

promulgated by the Adjutant General, or

b. if the case is referred under paragraph 1 of this

subsection and, before the court is assembled, the

accused, knowing the identity of the military judge

and after consultation with defense counsel, requests,

orally on the record or in writing, a court composed

of a military judge alone and the military judge

approves the request.

D. Summary court-martial. A summary court-martial consists of

one commissioned officer.
Okla. Stat. tit. 44, § 44-841 — OK Code / Title 44 / Section 44-841
Challenges
Status: in_force

ARTICLE 41. Challenges.

A. 1. The military judge and members of a general or special

court-martial may be challenged by the accused or the trial counsel

for cause stated to the court. The military judge shall determine

the relevancy and validity of challenges for cause, and may not

receive a challenge to more than one person at a time. Challenges

by the trial counsel shall ordinarily be presented and decided

before those by the accused are offered.

2. If exercise of a challenge for cause reduces the court below

the number of members required by Section 816 of this title (Article

16), all parties shall, notwithstanding Section 829 of this title

(Article 29), either exercise or waive any challenge for cause then

apparent against the remaining members of the court before

additional members are detailed to the court. However, peremptory

challenges shall not be exercised at that time.

B. 1. Each accused and the trial counsel are entitled

initially to one peremptory challenge of the members of the court.

The military judge may not be challenged except for cause.

Oklahoma Statutes - Title 44. Militia Page 100

2. If exercise of a peremptory challenge reduces the court

below the number of members required by Section 816 of this title

(Article 16), the parties shall, notwithstanding Section 829 of this

title (Article 29), either exercise or waive any remaining

peremptory challenge (not previously waived) against the remaining

members of the court before additional members are detailed to the

court.

C. Whenever additional members are detailed to the court, and

after any challenges for cause against such additional members are

presented and decided, each accused and the trial counsel are

entitled to one peremptory challenge against members not previously

subject to peremptory challenge.
Okla. Stat. tit. 44, § 44-931G — OK Code / Title 44 / Section 44-931G
Wrongful interference with adverse administrative
Status: in_force

proceeding.

ARTICLE 131G. Wrongful interference with adverse administrative

proceeding.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, having reason to believe that an adverse administrative

proceeding is pending against any person subject to the Code,

wrongfully acts with the intent:

1. To influence, impede, or obstruct the conduct of the

proceeding; or

2. Otherwise to obstruct the due administration of justice,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-903B — OK Code / Title 44 / Section 44-903B
Aiding the enemy
Status: in_force

ARTICLE 103B. Aiding the enemy.

Any person who:

1. Aids, or attempts to aid, the enemy with arms, ammunition,

supplies, money, or other things; or

2. Without proper authority, knowingly harbors or protects or

gives intelligence to, or communicates or corresponds with or holds

any intercourse with the enemy, either directly or indirectly,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-211 — OK Code / Title 44 / Section 44-211
Martial law - Arrests and subpoenas
Status: in_force

Troops occupying a military district established under martial

law, may, if necessary, pursue, arrest and subpoena persons wanted

in said military district, anywhere within the State of Oklahoma.
Okla. Stat. tit. 44, § 44-858A — OK Code / Title 44 / Section 44-858A
Sentences - Reduction in enlisted grade
Status: in_force

ARTICLE 58A. Sentences: reduction in enlisted grade.

A. A court-martial sentence of an enlisted member in a pay

grade above E-1, as set forth in the judgment of the court-martial

entered into the record under Section 860C of this title (Article

60C), that includes:

1. A dishonorable or bad-conduct discharge; or

2. Confinement,

reduces that member to pay grade E-1, if such a reduction is

authorized by regulation prescribed by the Governor or Adjutant

General. The reduction in pay grade shall take effect on the date

on which the judgment is so entered.

B. If the sentence of a member who is reduced in pay grade

under subsection A of this section is set aside or reduced, or, as

finally affirmed, does not include any punishment named in

paragraphs 1 or 2 of subsection A of this section, the rights and

privileges of which he or she was deprived because of that reduction

shall be restored to him or her and he or she is entitled to the pay

and allowances to which he or she would have been entitled, for the

period the reduction was in effect, had he or she not been so

reduced.
Okla. Stat. tit. 44, § 44-903C — OK Code / Title 44 / Section 44-903C
Unlawful disclosure of confidential information
Status: in_force

ARTICLE 103C. Unlawful disclosure of confidential information.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, with intent or reason to believe that it is to be used

in the commission of a crime or act of terrorism under Oklahoma law,

communicates, delivers or transmits, or attempts to communicate,

deliver or transmit confidential information, directly or

indirectly, to any other person shall be punished as a court-martial

may direct.
Okla. Stat. tit. 44, § 44-209 — OK Code / Title 44 / Section 44-209
Leave of absence to public officers and employees
Status: in_force

All officers and employees of the state or a political

subdivision thereof who are not members of the state military forces

shall be entitled to a leave of absence from their regular

Oklahoma Statutes - Title 44. Militia Page 32

employment with the State of Oklahoma or a political subdivision

thereof, without loss of status or efficiency rating, when detailed

as a military trial judge pursuant to Section 826 of this title

(Article 26) or when serving as an appellate military judge pursuant

to Section 866 of this title (Article 66) when the Military Court of

Appeals is convened. The rules of procedure prescribed by the State

Judge Advocate pursuant to subsection L of Section 866 of this title

(Article 66, subsection L) shall define what constitutes the

Military Court of Appeals being "convened" for purposes of this

section. During the first thirty (30) regularly scheduled work

days, not to exceed two hundred forty (240) hours, of the leave of

absence in any federal fiscal year, officers and employees of the

State of Oklahoma or a political subdivision thereof detailed or

serving as military trial judges or military appellate judges shall

receive their full regular pay from the employing state agency or

political subdivision. During the remainder of the leave of absence

in any federal fiscal year, the employing state agency or political

subdivision shall pay such officers and employees an amount equal to

the difference between the full regular pay of the officers or

employees from the employing state agency or political subdivision

and the amount of compensation established for military trial judges

in subsection H of Section 826 of this title (Article 26, subsection

H) in the case of a military trial judge or the amount of

compensation established for appellate military judges in subsection

E of Section 866 of this title (Article 66, subsection E) in the

case of a military appellate judge. Leave taken pursuant to this

section shall be characterized as military judicial leave. The

Office of Management and Enterprise Services shall promulgate rules

as necessary to implement the provisions of this section that relate

to state employees.
Okla. Stat. tit. 44, § 44-867 — OK Code / Title 44 / Section 44-867
Review by the Oklahoma Court of Criminal Appeals
Status: in_force

ARTICLE 67. Review by the Oklahoma Court of Criminal Appeals.

A. Powers as court of last resort. The Oklahoma Court of

Criminal Appeals shall be the court of last resort for all general

and special courts-martial convened by the state military forces.

In reviewing petitions or appeals granted pursuant to this section,

the Oklahoma Court of Criminal Appeals shall have and shall exercise

all powers granted to the Court under the Oklahoma Statutes and the

Oklahoma Constitution. The provisions of Title 22 of the Oklahoma

Statutes establishing criminal procedure in the district courts of

the state shall not apply to court-martial proceedings convened

pursuant to this Code. Where provisions of Title 22 of the Oklahoma

Statutes establishing appellate procedures in the Oklahoma Court of

Criminal Appeals conflict with any appellate provisions within this

Code, the conflicting provisions in Title 22 of the Oklahoma

Statutes shall not apply to appellate proceedings arising from

court-martial proceedings convened pursuant to this Code.

B. Petition for Review. Except as provided in subsection C of

this section for appeals arising from a guilty plea, a decision of

Oklahoma Statutes - Title 44. Militia Page 136

the Military Court of Appeals may be reviewed by the Oklahoma Court

of Criminal Appeals upon the filing of an appeal in the form of a

Petition for Review if a majority of judges on the Oklahoma Court of

Criminal Appeals directs that such Petition for Review shall be

granted. Decisions of the Military Court of Appeals shall be final

unless a Petition for Review is granted by the Oklahoma Court of

Criminal Appeals or a writ of certiorari is granted pursuant to

subsection C of this section.

C. Appeals arising from guilty plea. All appeals taken from

any conviction on a plea of guilty shall first be decided by the

Military Court of Appeals. In the event the conviction arising from

a plea of guilty is upheld by the Court of Military Appeals, an

appeal may be taken by petition for writ of certiorari to the

Oklahoma Court of Criminal Appeals, as provided in subsection D of

this section; provided, such petition must be filed within ninety

(90) days from the date of said conviction. The Oklahoma Court of

Criminal Appeals may take jurisdiction of any case for the purpose

of correcting the appeal records when the same do not disclose

judgment and sentence; such jurisdiction shall be for the sole

purpose of correcting such defect or defects.

D. Procedures established by court rules. The procedures for

filing a Petition for Review or appeal made pursuant to subsection B

or C of this section shall be as provided in the Rules of the Court

of Criminal Appeals; and the Oklahoma Court of Criminal Appeals

shall provide by court rules, which shall have the force of statute:

1. The procedure to be followed by the courts-martial in the

preparation and authentication of transcripts and records in cases

appealed under the Oklahoma Uniform Code of Military Justice;

2. The procedure to be followed by the Court of Military

Appeals in the preparation of the record in cases brought up on

appeal to the Oklahoma Court of Criminal Appeals under the Code;

3. The procedure to be followed for the completion and

submission of the Petition for Review or such other appeals lodged

pursuant to the Code; and

4. The procedure to be followed for filing a petition for and

the issuance of a writ of certiorari.

E. Scope of review on certiorari. The scope of review to be

afforded on certiorari shall be prescribed by the Oklahoma Court of

Criminal Appeals.

F. Additional proceedings. If the Oklahoma Court of Criminal

Appeals determines that additional proceedings are warranted, the

Oklahoma Court of Criminal Appeals may order a hearing, rehearing or

other proceedings in accordance with the Rules of the Court of

Criminal Appeals.

G. Action in accordance with decisions of the Oklahoma Court of

Criminal Appeals. The State Judge Advocate shall instruct the

Oklahoma Statutes - Title 44. Militia Page 137

appropriate authority to take action in accordance with the decision

of the Oklahoma Court of Criminal Appeals.
Okla. Stat. tit. 44, § 44-855 — OK Code / Title 44 / Section 44-855
Cruel and unusual punishments prohibited
Status: in_force

ARTICLE 55. Cruel and unusual punishments prohibited.

Punishment by flogging, or by branding, marking, or tattooing on

the body, or any other cruel or unusual punishment, may not be

adjudged by any court-martial or inflicted upon any person subject

to the Oklahoma Uniform Code of Military Justice. The use of irons,

single or double, except for the purpose of safe custody, is

prohibited.
Okla. Stat. tit. 44, § 44-250 — OK Code / Title 44 / Section 44-250
Short title - Oklahoma State Guard Act
Status: in_force

This act shall be known and may be cited as the "Oklahoma State

Guard Act".

Oklahoma Statutes - Title 44. Militia Page 53
Okla. Stat. tit. 44, § 44-829 — OK Code / Title 44 / Section 44-829
Assembly and impaneling of members - Detail of new members
Status: in_force

and military judges.

ARTICLE 29. Assembly and impaneling of members; detail of new

members and military judges.

A. The military judge shall announce the assembly of a general

or special court-martial with members. After such a court-martial

is assembled, no member may be absent, unless the member is excused:

1. As a result of a challenge;

2. Under subparagraph b of paragraph 1 of subsection B of this

section; or

3. By order of the military judge or the convening authority

for disability or other good cause.

B. 1. Under rules promulgated by the Adjutant General, the

military judge of a general or special court-martial with members

shall:

a. after determination of challenges, impanel the court-

martial, and

b. excuse the members who, having been assembled, are not

impaneled.

2. In a general court-martial, the military judge shall impanel

eight members.

3. In a special court-martial, the military judge shall impanel

four members.

Oklahoma Statutes - Title 44. Militia Page 89

C. In addition to members specified in subsection B of this

section, the military judge shall impanel alternate members, if the

convening authority authorizes alternate members.

D. 1. If, after members are impaneled, the membership of the

court-martial is reduced to:

a. fewer than six members with respect to a general

court-martial, or

b. fewer than four members with respect to a special

court-martial,

the trial may not proceed unless the convening authority details new

members and, from among the members so detailed, the military judge

impanels new members sufficient in number to provide the membership

specified in paragraph 2 of this subsection.

2. The membership referred to in paragraph 1 of this subsection

is as follows:

a. at least six but not more than eight members with

respect to a general court-martial, and

b. four members with respect to a special court-martial.

E. If the military judge is unable to proceed with the trial

because of disability or otherwise, a new military judge shall be

detailed to the court-martial.

F. 1. In the case of new members detailed under subsection D

of this section, the trial may proceed with the new members present

after the evidence previously introduced is read or, in the case of

audiotape, videotape, or similar recording, is played, in the

presence of the new members, the military judge, the accused, and

counsel for both sides.

2. In the case of a new military judge under subsection E of

this section, the trial shall proceed as if no evidence had been

introduced, unless the evidence previously introduced is read or, in

the case of audiotape, videotape, or similar recording, is played,

in the presence of the new military judge, the accused, and counsel

for both sides.
Okla. Stat. tit. 44, § 44-233.11 — OK Code / Title 44 / Section 44-233.11
Contracts for professional services
Status: in_force

The Oklahoma Military Department is hereby authorized to enter

into agreements and contracts with licensed individuals,

partnerships, corporations or firms for professional services for

the development of designs, plans, and specifications, and further,

the construction, renovation, and remodeling of buildings,

structures, or equipment deemed necessary and appropriate by the

Adjutant General.
Okla. Stat. tit. 44, § 44-230 — OK Code / Title 44 / Section 44-230
Police officers (OMD) - Powers and duties
Status: in_force

A. The Adjutant General of the State of Oklahoma is hereby

authorized to appoint such officers as are necessary to be

designated as police officers (OMD), for the purpose of protecting

all properties of, owned by or under the control of the Oklahoma

National Guard wherever located in the State of Oklahoma. The

Adjutant General shall promulgate rules which prescribe the duties

for the officers thus appointed, designate their uniforms, fix their

compensation upon appointment and provide for removal from their

appointment. Each such police officer (OMD) shall be given a

written commission evidencing his or her appointment and authority,

together with a detailed description of his or her person in order

to properly identify his or her official capacity; the form of such

commission shall be prescribed by the Adjutant General.

B. Any police officer (OMD) appointed pursuant to the

provisions of this section shall have, with the sole exception of

the serving or execution of civil process, all the powers vested by

law in peace officers in the protection and guarding of the grounds,

buildings and equipment of, owned by or under the control of the

Oklahoma National Guard. The police officer (OMD) shall:

Oklahoma Statutes - Title 44. Militia Page 37

1. Direct his or her attention to the prevention of improper

conduct, interference with, or trespassing upon the property of,

owned by or under the control of the Oklahoma National Guard; and

2. If required, make arrests and take into custody persons

guilty of improper conduct or trespassing.

C. It shall be the duty of the district attorney of the

district wherein the improper conduct, interference or trespassing

is alleged to have taken place to prosecute such offense upon a

complaint filed by such police officer (OMD).
Okla. Stat. tit. 44, § 44-822 — OK Code / Title 44 / Section 44-822
Who may convene general courts-martial
Status: in_force

ARTICLE 22. Who may convene general courts-martial.

A. General courts-martial may be convened by:

1. The Governor;

2. The Adjutant General;

3. Any other commanding officer in the state military forces

designated by the Adjutant General; or

4. Any other commanding officer in the state military forces

designated by the Governor.

B. If any such officer is an accuser, the court shall be

convened by superior competent authority, and may in any case be

convened by such authority if considered desirable by that superior

authority.
Okla. Stat. tit. 44, § 44-26.2 — OK Code / Title 44 / Section 44-26.2
Requests from Adjutant General for confidential criminal
Status: in_force

justice information in administrative or court-martial actions.

The Adjutant General or the Adjutant General's designee may

request from a district attorney or law enforcement agency

confidential criminal justice information relating to the member of

the National Guard for use in an administrative or court-martial

action. Unless the district attorney or law enforcement agency

determines that dissemination of the requested confidential criminal

justice information would jeopardize a pending investigation or

other pending criminal proceeding, the district attorney or the

investigating law enforcement agency shall disseminate the requested

information to the Adjutant General or the Adjutant General's

designee.
Okla. Stat. tit. 44, § 44-111 — OK Code / Title 44 / Section 44-111
Public property - Liability of commanding officer -
Status: in_force

Liability of person responsible for loss, damage or destruction -

Apprehension and prosecution of persons absconding.

(a) The officer in permanent or temporary command of a station

is responsible for the security of all public property of the

command, whether in use or in store, and although for purposes of

periodical accountability to general headquarters, it may all have

been officially accepted and receipted for by subordinate officers,

the commanding officer is nevertheless responsible and pecuniarily

liable with them for the strict observance of the regulations in

regard to its preservation, use and issue. He will take care that

all storehouses are properly guarded, that only reliable agents are

employed, and only trustworthy enlisted men are detailed for duty in

them or in connection with the property.

(b) A company or detachment commander is responsible for all

public property pertaining to his company or detachment and will not

transfer his accountability therefor to a successor during periods

of absence of less than thirty (30) days, unless ordered by

competent authority, when such absence exceeds thirty (30) days, the

question of responsibility is settled by the proper authority.

(c) The officer in temporary or permanent command of a company

or detachment is responsible for all public property used by, or in

possession of the command, whether he receipts for it or not.

(d) The property responsibility of a company commander cannot

be transferred to enlisted men. It is his duty to attend personally

to its security, and to superintend issue himself, or cause to be

superintended by a commissioned officer.

(e) A transfer of public property involves a change of

possession and accountability. The transferring officer will

furnish the receiving officer with invoices, in duplicate,

Oklahoma Statutes - Title 44. Militia Page 26

accurately enumerating the property and the latter will return

duplicate receipts. The transaction will appear on the property

returns rendered by such.

(f) The giving or taking of receipts in blank for public

property is prohibited. Officers are cautioned against the signing

of receipts for property without an actual physical count of such

property. A relief at some future time for a shortage caused by

failure to exercise such precaution will not be favorably

considered.

(g) An officer in charge of public property in use or in store

will endeavor by timely repairs to keep it in serviceable condition.

(h) Officers responsible for property will be charged for any

damage to or loss or destruction of the same, unless they show to

the satisfaction of the Adjutant General, by proper evidence, that

the damage, loss, or destruction was occasioned by unavoidable

causes, and without fault or neglect on their part.

(i) If an article of public property be lost or damaged by the

neglect or fault of any officer or soldier, he shall be subject to

pay for the value thereof or the cost of repairs, in a sum to be

determined by the proper authority, upon the demand of the Adjutant

General.

(j) The amount charged against an enlisted man on the muster

and payrolls on account of loss or damage to, or repairs to military

property shall not exceed the value of the article or cost of

repairs; and such charge will only be made on conclusive proof, and

never without an inquiry if the soldier demands it.

(k) The Adjutant General is authorized to pay from the funds

appropriated to the Military Department for operating expenses the

expenses necessary for the apprehension and prosecution of any

person absconding with property belonging either to the state or

United States; provided, such person is without the confines of this

state.
Okla. Stat. tit. 44, § 44-872 — OK Code / Title 44 / Section 44-872
Vacation of suspension
Status: in_force

ARTICLE 72. Vacation of suspension.

A. Before the vacation of the suspension of a special court-

martial sentence which as approved includes a bad-conduct discharge,

or of any general court-martial sentence, the officer having special

court-martial jurisdiction over the probationer shall hold a hearing

on the alleged violation of probation. The State Judge Advocate

shall detail a judge advocate, who is certified under subsection B

of Section 827 of this title (Article 27, subsection B), to conduct

the hearing. The probationer shall be represented at the hearing by

counsel if the probationer so desires.

B. The record of the hearing and the recommendation of the

officer having special court-martial jurisdiction shall be sent for

action to the Adjutant General. If the Adjutant General vacates the

suspension, any unexecuted part of the sentence shall be executed,

subject to applicable restrictions in Section 857 of this title

(Article 57).

Oklahoma Statutes - Title 44. Militia Page 140

C. The suspension of any other sentence may be vacated by any

authority competent to convene, for the command in which the accused

is serving or assigned, a court of the kind that imposed the

sentence.
Okla. Stat. tit. 44, § 44-884 — OK Code / Title 44 / Section 44-884
Breach of medical quarantine
Status: in_force

ARTICLE 84. Breach of medical quarantine.

Any person subject to the Oklahoma Uniform Code of Military

Justice:

1. Who is ordered into medical quarantine by a person

authorized to issue such order; and

2. Who, with knowledge of the quarantine and the limits of the

quarantine, goes beyond those limits before being released from the

quarantine by proper authority,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-805 — OK Code / Title 44 / Section 44-805
Territorial applicability of Oklahoma Uniform Code of
Status: in_force

Military Justice.

ARTICLE 5. Territorial applicability of Oklahoma Uniform Code

of Military Justice.

Oklahoma Statutes - Title 44. Militia Page 66

The Oklahoma Uniform Code of Military Justice applies at all

times and in all places. Courts-martial and courts of inquiry may

be convened while state military forces are deployed outside the

state with the same jurisdiction and powers as if the proceedings

were held inside the state, and offenses committed outside the state

may be tried and punished either inside or outside of the state.
Okla. Stat. tit. 44, § 44-4323 — OK Code / Title 44 / Section 44-4323
Action for relief – Referral to district attorney
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 213

A. Action for relief. 1. A person who receives from the

Commissioner of Labor a notification pursuant to subsection E of

Section 16 of this act of an unsuccessful effort to resolve a

complaint relating to a state government employer may request that

the Commissioner refer the complaint to the district attorney with

relevant jurisdiction. The Commissioner shall refer the complaint

to the district attorney with relevant jurisdiction not later than

sixty (60) days after receiving the request. If the district

attorney is reasonably satisfied that the complainant is entitled to

the rights or benefits sought, the district attorney may appear on

behalf of, and act as attorney for, the complainant and commence an

action for relief under the Oklahoma Uniformed Services Employment

and Reemployment Rights Act.

2. Not later than sixty (60) days after the date the district

attorney receives a referral as provided in paragraph 1 of this

subsection, the district attorney shall:

a. make a decision whether to appear on behalf of, and

act as attorney for, the complainant, and

b. notify the complainant in writing of the decision.

3. A person may commence an action for relief based on a

complaint against a state government employer or a private employer

if the person:

a. has chosen not to request assistance from the

Commissioner under Section 16 of this act,

b. has chosen not to request the Commissioner to refer

the complaint to the district attorney pursuant to

paragraph 1 of this subsection, or

c. has been refused representation by the district

attorney.

B. Jurisdiction. In an action against a state government

employer or a private employer commenced by the district attorney,

the district courts shall have jurisdiction over the action.

C. Venue. 1. In an action by a district attorney against a

state government employer, the action may proceed in the district

court of the county where the complainant resides or was previously

assigned for duty as a state employee immediately prior to service

in the state military forces.

2. In an action by a district attorney against a private

employer, the action may proceed in the district court of the county

where the private employer of the complainant maintains a place of

business.

D. Remedies. 1. In any action pursuant to this section, the

court may award any or all of the following types of relief by

requiring the employer to:

a. comply with the provisions of the Oklahoma Uniformed

Services Employment and Reemployment Rights Act,

Oklahoma Statutes - Title 44. Militia Page 214

b. compensate the complainant for any loss of wages or

benefits suffered by reason of the employer's failure

to comply with the provisions of the Oklahoma

Uniformed Services Employment and Reemployment Rights

Act,

c. pay the complainant an amount equal to the amount

provided in subparagraph b of this paragraph as

liquidated damages, if the court determines that the

employer willfully failed to comply with the

provisions of the Oklahoma Uniformed Services

Employment and Reemployment Rights Act,

d. pay actual and compensatory damages, and

e. pay punitive damages. Punitive damages awarded

pursuant to this subparagraph shall be determined in

accordance with applicable state law.

2. a. Any compensation awarded pursuant to this subsection

shall be in addition to, and shall not diminish, any

of the other rights and benefits provided for under

the Oklahoma Uniformed Services Employment and

Reemployment Rights Act.

b. In an action commenced in the name of the State of

Oklahoma for which the relief includes compensation

awarded pursuant to subparagraph b, c, d or e of

paragraph 1 of this subsection, the compensation shall

be held in a special deposit account and shall be

paid, on order of the district attorney who commenced

the action against a state government employer or a

private employer, directly to the complainant. If the

compensation is not paid to the complainant because of

inability to do so within a period of three (3) years,

the compensation shall be deposited in the Unclaimed

Property Fund of the State Treasury pursuant to the

Uniform Unclaimed Property Act, Section 651 et seq. of

Title 60 of the Oklahoma Statutes.

3. The State of Oklahoma shall be subject to the same remedies,

including prejudgment interest, as may be imposed upon any private

employer under this section.

E. Equity powers. The court shall use, if it deems

appropriate, its full equity powers, including temporary or

permanent injunctions, temporary restraining orders, and contempt

orders, to vindicate fully the rights or benefits of persons under

the Oklahoma Uniformed Services Employment and Reemployment Rights

Act.

F. Standing. An action pursuant to the Oklahoma Uniformed

Services Employment and Reemployment Rights Act may be initiated

only by a person claiming rights or benefits as provided in the act

Oklahoma Statutes - Title 44. Militia Page 215

under subsection A of this section or by the State of Oklahoma under

paragraphs 1 and 2 of subsection A of this section.

G. Respondent. In any action pursuant to the Oklahoma

Uniformed Services Employment and Reemployment Rights Act, only an

employer or a potential employer shall be a necessary party

respondent.

H. Fees and court costs. 1. No fees or court costs shall be

charged against or imposed upon any person claiming rights under the

Oklahoma Uniformed Services Employment and Reemployment Rights Act.

2. In any action or proceeding to enforce a provision of the

Oklahoma Uniformed Services Employment and Reemployment Rights Act

by a complainant who obtained private counsel for an action or

proceeding, the court may award a prevailing complainant reasonable

attorney fees, expert witness fees, and other litigation expenses.

I. Definition. As used in this section, "private employer"

includes the political subdivisions of the State of Oklahoma as

defined in Section 5 of this act.
Okla. Stat. tit. 44, § 44-232.3 — OK Code / Title 44 / Section 44-232.3
Armory boards
Status: in_force

Each National Guard armory shall be supervised by an armory

board consisting of three or more persons appointed by the Adjutant

General.