Okla. Stat. tit. 44, § 44-880 — OK Code / Title 44 / Section 44-880
Attempts
Status: in_force

ARTICLE 80. Attempts.

A. An act, done with specific intent to commit an offense under

the Oklahoma Uniform Code of Military Justice, amounting to more

than mere preparation and tending, even though failing, to effect

its commission, shall be an attempt to commit that offense.

B. Any person subject to the Code who attempts to commit any

offense punishable by the Code shall be punished as a court-martial

may direct, unless otherwise specifically prescribed.

C. Any person subject to the Code may be convicted of an

attempt to commit an offense although it appears on the trial that

the offense was consummated.
Okla. Stat. tit. 44, § 44-826 — OK Code / Title 44 / Section 44-826
Military trial judge of a general or special court-
Status: in_force

martial.

ARTICLE 26. Military trial judge of a general or special court-

martial.

A. A military trial judge shall be detailed to each general and

special court-martial. The Adjutant General shall promulgate

regulations prescribing the manner of selection, certification and

detailing of military trial judges for such general and special

courts-martial. The military trial judge shall preside over each

open session of the court-martial to which he or she has been

detailed.

B. A military trial judge shall be a member of the bar of the

highest court of a state, or a member of the bar of a federal court.

C. A military trial judge shall be qualified, by reason of

education, training, experience, and judicial temperament, for duty

as a military trial judge and shall be one of the following:

Oklahoma Statutes - Title 44. Militia Page 84

1. A commissioned officer of the state military forces who is a

member of the bar of the highest court of a state, or a member of

the bar of a federal court, and who is certified to be qualified for

such duty by the State Judge Advocate;

2. A retired commissioned officer of the state military forces

who is a member of the bar of the highest court of a state, or a

member of the bar of a federal court, and who is certified to be

qualified for such duty by the State Judge Advocate;

3. A judge advocate in any department of the Armed Forces of

the United States serving on active duty within the meaning of Title

10 of the United States Code who is certified to be qualified for

duty as a military trial judge by the Judge Advocate General of the

armed force of which such military trial judge is a member;

4. A judge presently serving in any judicial district within

the State of Oklahoma who possesses at least one (1) year of trial

experience and who currently serves or previously served as a judge

advocate in any department of the Armed Forces of the United States,

to include reserve components of the same;

5. A retired judge or justice who served in any judicial

capacity within the judicial department of the State of Oklahoma and

who previously served as a judge advocate in any department of the

Armed Forces of the United States, to include reserve components of

the same;

6. A federal district court judge presently serving in any

federal judicial district within the State of Oklahoma who possesses

at least one (1) year of trial experience and who previously served

as a judge advocate in any department of the Armed Forces of the

United States, to include reserve components of the same; or

7. A retired federal district court judge or retired federal

appellate court judge who previously served as a judge advocate in

any department of the Armed Forces of the United States, to include

reserve components of the same.

D. 1. In accordance with regulations prescribed under

subsection A of this section, a military trial judge of a general or

special court-martial shall be designated for detail by the senior

force component judge advocate of the same force component as the

accused.

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

of the convening authority shall prepare or review any report

concerning the effectiveness, fitness, or efficiency of the military

trial judge so detailed, which relates to the military trial judge's

performance of duty as a military trial judge.

3. A commissioned officer of the state military forces who is

certified to be qualified for duty as a military trial judge of a

general court-martial:

a. may perform such duties only when the officer is

assigned and directly responsible to the senior force

Oklahoma Statutes - Title 44. Militia Page 85

component judge advocate of the force component of

which the military trial judge is a member, and

b. may perform duties of a judicial or nonjudicial nature

other than those relating to the officer's primary

duty as a military trial judge of a general court-

martial only when such duties are assigned to the

officer by or with the approval of that senior force

component judge advocate.

4. A commissioned officer of any department of the Armed Forces

of the United States serving on active duty within the meaning of

Title 10 of the United States Code who, pursuant to the Oklahoma

Uniform Code of Military Justice and the regulations promulgated

pursuant to subsection A of this section, is certified to be

qualified for duty as a military trial judge of a general court-

martial shall not be assigned other duties of a judicial or

nonjudicial nature other than those relating to the officer's

primary duty as a military trial judge of a general court-martial,

except when such duties are assigned to the officer by or with the

approval of the Judge Advocate General of the armed force of which

the military trial judge is a member.

5. In accordance with regulations promulgated by the Adjutant

General, assignments of military trial judges under this section who

are members of the state military forces shall be for appropriate

minimum periods, subject to such exceptions as may be authorized in

the regulations.

6. No military trial judge shall be eligible to review the

record of any trial if such military trial judge served as an

Assistant Attorney General, district attorney, assistant district

attorney or municipal prosecutor who determined or participated in

the determination of whether to prosecute a nonmilitary offense when

the act or omission in question could have violated both the

Oklahoma Uniform Code of Military Justice and state or local

criminal laws.

E. No person is eligible to act as military trial judge in a

case if he or she is the accuser, a witness or has acted as

preliminary hearing officer or a counsel in the same case.

F. The military trial judge of a court-martial may not consult

with the members of the court except in the presence of the accused,

trial counsel, and defense counsel, nor may he or she vote with the

members of the court.

G. A military trial judge who is a commissioned officer in the

state military forces may be detailed under subsection A of this

section to a court-martial or a proceeding under subsection A of

Section 830 of this title (Article 30, subsection A) that is

convened in a different force component of the state military

forces, when so permitted by the senior force component judge

Oklahoma Statutes - Title 44. Militia Page 86

advocate of the force component of which the military trial judge is

a member.

H. A military trial judge detailed pursuant to this section who

is not a member of the Oklahoma National Guard shall receive

compensation calculated on the basis of the current basic pay

received by a member in active federal service at the grade of O-6

with twenty (20) years of time in service. The Adjutant General

shall promulgate regulations establishing the method of calculating

compensation for less than full-time service by a military trial

judge retained pursuant to this section who is not a member of the

Oklahoma National Guard. A military trial judge may be paid such

actual and necessary expenses as may be provided for in regulations

promulgated by the Adjutant General.
Okla. Stat. tit. 44, § 44-830A — OK Code / Title 44 / Section 44-830A
Certain proceedings conducted before referral
Status: in_force

ARTICLE 30A. Certain proceedings conducted before referral.

A. In general.

1. Proceedings may be conducted to review or otherwise act on

the following matters before referral of charges and specifications

to court-martial for trial in accordance with regulations

promulgated by the Adjutant General:

a. prereferral investigative subpoenas,

b. prereferral warrants or orders for electronic

communications, and

c. prereferral matters under subsection D of Section 806B

of Title 44 of the Oklahoma Statutes (Article 6B,

subsection D).

2. The regulations promulgated under paragraph 1 of this

subsection shall:

a. include procedures for the review of such rulings that

may be ordered under this section as the Adjutant

General considers appropriate, and

b. provide such limitations on the relief that may be

ordered under this section as the Adjutant General

considers appropriate.

3. If any matter in a proceeding under this section becomes a

subject at issue with respect to charges that have been referred to

a general or special court-martial, the matter shall be transferred

to the military trial judge detailed to the court-martial.

B. Detail of military trial judge. The Adjutant General shall

promulgate regulations providing for the manner in which military

trial judges are detailed to proceedings under subsection A of this

section.

C. Detail or employment of military magistrate. The Adjutant

General may promulgate regulations providing for the detailing or

employment of military magistrates who, other than a proceeding

described in subparagraph a of paragraph 1 of subsection A of this

section, may preside over the proceedings provided for in

subparagraphs b and c of paragraph 1 of subsection A of this

section.

Oklahoma Statutes - Title 44. Militia Page 91
Okla. Stat. tit. 44, § 44-831 — OK Code / Title 44 / Section 44-831
Compulsory self-incrimination prohibited
Status: in_force

ARTICLE 31. Compulsory self-incrimination prohibited.

A. No person subject to the Oklahoma Uniform Code of Military

Justice shall compel any person to incriminate himself or herself or

to answer any question the answer to which may tend to incriminate

him or her.

B. No person subject to the Code shall interrogate or request

any statement from an accused or a person suspected of an offense

without first informing that person of the nature of the accusation

and advising that person that the person does not have to make any

statement regarding the offense of which the person is accused or

suspected and that any statement made by the person may be used as

evidence against the person in an administrative board proceeding,

in nonjudicial punishment, or in a trial by court-martial.

C. No person subject to the Code shall compel any person to

make a statement or produce evidence in the course of an

administrative board proceeding, nonjudicial punishment or before

any military court if the statement or evidence is not material to

the issue and may tend to degrade the person.

D. No statement obtained from any person in violation of this

section or through the use of coercion, unlawful influence, or

unlawful inducement may be received in evidence against the person

in an administrative board proceeding, in nonjudicial punishment or

in a trial by court-martial.
Okla. Stat. tit. 44, § 44-239 — OK Code / Title 44 / Section 44-239
Advising on veterans' benefits matters – Restrictions -
Status: in_force

Penalties.

A. For purposes of this section:

1. "Compensation" means any money, thing of value, or economic

benefit conferred on, or received by, any person in return for

services rendered, or to be rendered, by himself or herself or

another;

2. "Veterans' benefits matter" means preparation, presentation,

or prosecution of any claim affecting any person who has filed or

expressed an intent to file a claim for any benefit, program,

service, commodity, function, status, or entitlement for which

veterans, their dependents, their survivors, or any other individual

are eligible under the laws and regulations administered by the

United States Department of Veterans Affairs or the Oklahoma

Department of Veterans Affairs; and

3. Except as provided in paragraph 5 of subsection B of this

act, "person" means any natural person, corporation, trust,

partnership, incorporated or unincorporated association, or any

other legal entity.

B. 1. No person may receive compensation for referring any

individual to another person to advise or assist the individual with

any veterans' benefits matter.

2. Any payment of fees by veterans for representation through

agents shall be done in accordance with, and not contrary to,

Section 14.636 of Title 38 of the Code of Federal Regulations.

3. No person may receive any compensation for any services

rendered in connection with any claim filed within the one-year

presumptive period of active-duty release, unless the veteran

acknowledges by signing a waiver that they are within this period

and choosing to deny free services available to them.

4. A person seeking to receive compensation for advising,

assisting, or consulting with any individual in connection with any

veterans' benefits matter must, before rendering any services,

memorialize the specific terms under which the amount to be paid

Oklahoma Statutes - Title 44. Militia Page 49

will be determined in a written agreement signed by both parties.

Compensation must be purely contingent upon an increase in benefits

awarded, and if successful, compensation must not exceed five times

the amount of the monthly increase in benefits awarded based on the

claim. No initial or nonrefundable fee may be charged by a person

advising, assisting, or consulting an individual on a veterans'

benefits matter.

5. No person will guarantee, either directly or by implication,

a successful outcome or that any individual is certain to receive

specific veterans' benefits or that any individual is certain to

receive a specific level, percentage, or amount of veterans'

benefits.

6. Any person advising, assisting, or consulting on veterans'

benefits matters for compensation shall provide the following

disclosure at the outset of the business relationship:

"This business is not sponsored by, or affiliated with, the

United States Department of Veterans Affairs or the

Oklahoma Department of Veterans Affairs, or any other

federally chartered veterans' service organization. Other

organizations including, but not limited to, the Oklahoma

Department of Veterans Affairs, a local veterans' service

organization, and other federally chartered veterans'

service organizations may be able to provide you with this

service free of charge. Products or services offered by

this business are not necessarily endorsed by any of these

organizations. You may qualify for other veterans'

benefits beyond the benefits for which you are receiving

services here."

The written disclosure shall appear in at least 12 point font in

an easily identifiable place in the person's agreement with the

individual seeking services. The individual shall sign the document

in which the written disclosure appears to represent understanding

of these provisions. The person offering services shall retain a

copy of the written disclosure while providing veterans' benefits

services for compensation to the individual and for at least one (1)

year after the date on which the service relations terminate.

7. Businesses advising, assisting, or consulting on veterans'

benefits matters for a fee shall abide by the following:

a. shall not utilize international call centers or data

centers for processing veterans' personal information,

b. shall not use a veteran's personal log-in, username,

or password information to access that veteran's

medical, financial, or government benefits

information, and

c. shall ensure that any individual who has access to

veterans' medical or financial information undergoes a

background check prior to having access to that

Oklahoma Statutes - Title 44. Militia Page 50

information. The background check shall be conducted

by a reputable source and include identity

verification and a criminal records check.

C. 1. A violation of the provisions of this section

constitutes an unfair, false, misleading, or deceptive act or

practice in the conduct of trade or commerce under the Oklahoma

Consumer Protection Act.

2. Civil penalties shall be in an amount ordered by the

district court in an action brought by the Oklahoma Attorney

General.

3. Each day a violation continues is a separate violation.

4. Nothing in this section is to be construed as applying to,

limiting, or expanding the requirements imposed on agents,

attorneys, or other representatives accredited by the United States

Department of Veterans Affairs and regulated by that agency.
Okla. Stat. tit. 44, § 44-1 — OK Code / Title 44 / Section 44-1
Short title
Status: in_force

This act shall be known, and may be cited as, "The Oklahoma

Military Code."
Okla. Stat. tit. 44, § 44-4335 — OK Code / Title 44 / Section 44-4335
Training to be provided by state agencies and political
Status: in_force

subdivisions.

A. Training required. The administrator of each state agency

and political subdivision shall provide training for the human

resources personnel of the agency or political subdivision on the

following:

1. The rights, benefits, and obligations provided in the

Oklahoma Uniformed Services Employment and Reemployment Rights Act

for employees who are members of the state military forces; and

2. The application and administration of the requirements of

the Oklahoma Uniformed Services Employment and Reemployment Rights

Act by the agency or political subdivision.

B. Training consultation and frequency. The training required

by subsection A of this section for state agencies shall be

developed and provided in consultation with the Director of Human

Capital Management of the Office of Management and Enterprise

Services. The training shall be provided as determined by the

Director of Human Capital Management of the Office of Management and

Enterprise Services in order to ensure that the human resources

personnel of state agencies are kept fully and currently informed of

the issues covered by the training.

C. Human resources personnel defined. As used in this section,

"human resources personnel" means any personnel of a state agency or

political subdivision who are authorized to recommend, take, or

approve any employee action which is subject to the requirements of

the Oklahoma Uniformed Services Employment and Reemployment Rights

Act.
Okla. Stat. tit. 44, § 44-208.1 — OK Code / Title 44 / Section 44-208.1
Civil law protections - Servicemembers Civil Relief Act
Status: in_force

Except where state law may provide additional or superior

protections, the civil law protections established in the federal

Servicemembers Civil Relief Act, 50 U.S.C., Section 3901 et seq.,

shall be adopted as state law and applied to members of the state

military forces when such members are ordered to state active duty

or Title 32 active duty pursuant to Sections 501 through 507 of

Title 32 of the United States Code.
Okla. Stat. tit. 44, § 44-843 — OK Code / Title 44 / Section 44-843
Statute of limitations
Status: in_force

ARTICLE 43. Statute of limitations.

A. Except as otherwise provided in this section, a person

charged with a military offense is not liable to be tried by court-

martial if the offense was committed more than three (3) years

before the receipt of sworn charges and specifications by an officer

exercising summary court-martial jurisdiction over the command.

B. A person accused of an offense is not liable to be punished

under Section 815 of this title (Article 15) if the offense was

committed more than two (2) years before the imposition of

punishment.

Oklahoma Statutes - Title 44. Militia Page 101

C. Periods in which the accused is absent without authority or

fleeing from justice shall be excluded in computing the period of

limitation prescribed in this section.

D. Periods in which the accused was absent from territory in

which the State of Oklahoma has the authority to apprehend him or

her, or in the custody of civil authorities, or on active duty

within the meaning of Title 10 of the United States Code, or in the

hands of the enemy, shall be excluded in computing the periods of

limitation prescribed in this section.

E. When the United States is at war, the running of any statute

of limitations applicable to any offense under the Oklahoma Uniform

Code of Military Justice:

1. Involving fraud or attempted fraud against the United

States, the State of Oklahoma, or any agency of the foregoing in any

manner, whether by conspiracy or not;

2. Committed in connection with the acquisition, care,

handling, custody, control, or disposition of any real or personal

property of the United States, or the State of Oklahoma; or

3. Committed in connection with the negotiation, procurement,

award, performance, payment, interim financing, cancellation, or

other termination or settlement, of any contract, subcontract, or

purchase order which is connected with or related to the prosecution

of the war, or with any disposition of termination inventory by any

war contractor or government agency,

is suspended until three (3) years after the termination of

hostilities as proclaimed by the President of the United States or

by a joint resolution of Congress.

F. Defective or insufficient charges.

1. If charges or specifications are dismissed as defective or

insufficient for any cause and the period prescribed by the

applicable statute of limitations:

a. has expired, or

b. will expire within one hundred eighty (180) days after

the date of dismissal of the charges and

specifications,

trial and punishment under new charges and specifications are not

barred by the statute of limitations if the conditions specified in

paragraph 2 of this subsection are met.

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

are that the new charges and specifications shall:

a. be received by an officer exercising summary court-

martial jurisdiction over the command within one

hundred eighty (180) days after the dismissal of the

charges or specifications, and

b. allege the same acts or omissions that were alleged in

the dismissed charges or specifications (or allege

Oklahoma Statutes - Title 44. Militia Page 102

acts or omissions that were included in the dismissed

charges or specifications).

G. A person charged with fraudulent enlistment or fraudulent

appointment under Section 904A of this title (Article 104A) may be

tried by court-martial if the sworn charges and specifications are

received by an officer exercising summary court-martial jurisdiction

with respect to that person, as follows:

1. In the case of an enlisted member, during the period of the

enlistment or five (5) years, whichever provides a longer period;

and

2. In the case of an officer, during the period of the

appointment or five (5) years, whichever provides a longer period.

H. If deoxyribonucleic acid (DNA) testing implicates an

identified person in the commission of an offense punishable by

confinement for more than one (1) year, no statute of limitations

that would otherwise preclude prosecution of the offense shall

preclude such prosecution until a period of time following the

implication of the person by DNA testing has elapsed that is equal

to the otherwise applicable limitation period.
Okla. Stat. tit. 44, § 44-813 — OK Code / Title 44 / Section 44-813
Punishment prohibited before trial
Status: in_force

ARTICLE 13. Punishment prohibited before trial.

No person, while being held for trial, shall be subjected to

punishment or penalty other than arrest or confinement upon the

charges pending against him or her, nor shall the arrest or

confinement imposed upon him or her be any more rigorous than the

circumstances required to insure his or her presence, but he or she

may be subjected to minor punishment during that period for

infractions of discipline.
Okla. Stat. tit. 44, § 44-248 — OK Code / Title 44 / Section 44-248
Exemption from arrest, jury duty and service on posse
Status: in_force

comitatus.

No officer or enlisted person of the Oklahoma State Guard shall

be arrested on any warrant, except for treason or felony, while

going to, remaining at, or returning from a place where he or she is

ordered to attend for military duty. Every officer and enlisted

member of such forces shall, during his or her service therein, be

exempt from service upon any posse comitatus and from jury duty.
Okla. Stat. tit. 44, § 44-894 — OK Code / Title 44 / Section 44-894
Mutiny or sedition
Status: in_force

ARTICLE 94. Mutiny or sedition.

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

Justice who:

1. With intent to usurp or override lawful military authority,

refuses, in concert with any other person, to obey orders or

otherwise do his or her duty or creates any violence or disturbance

is guilty of mutiny;

2. With intent to cause the overthrow or destruction of lawful

civil authority, creates, in concert with any other person, revolt,

violence, or other disturbance against that authority is guilty of

sedition;

3. Fails to do his or her utmost to prevent and suppress a

mutiny or sedition being committed in his or her presence, or fails

to take all reasonable means to inform his or her superior

commissioned officer or commanding officer of a mutiny or sedition

which he or she knows or has reason to believe is taking place, is

guilty of a failure to suppress or report a mutiny or sedition.

B. A person who is found guilty of attempted mutiny, mutiny,

sedition, or failure to suppress or report a mutiny or sedition

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-866 — OK Code / Title 44 / Section 44-866
Military Court of Appeals for state military forces
Status: in_force

ARTICLE 66. Military Court of Appeals for state military

forces.

A. Military Court of Appeals. There is hereby established a

Military Court of Appeals for the state military forces of the State

of Oklahoma. The Military Court of Appeals shall be a court of

record and except as provided in Section 867 of this title (Article

67), the appellate jurisdiction of the Military Court of Appeals

shall be exclusive in all courts-martial cases convened by state

military forces regardless of whether a court-martial was conducted

within or without the physical boundaries of the State of Oklahoma.

B. Composition and method of appointment. The Military Court

of Appeals shall be composed of one panel of not less than three

appellate military judges. At the time the Military Court of

Appeals is initially constituted and each time thereafter when a

vacancy shall occur or is certain to occur on the Court, the State

Judge Advocate shall choose and submit to the Governor at least one

nominee for a vacant seat, certified by the State Judge Advocate as

qualified, by reason of education, training, experience, and

judicial temperament, for duty as an appellate military judge.

Prior to submission of a nominee to the Governor, the nominee shall

have previously notified the State Judge Advocate in writing that he

or she will serve as an appellate military judge if appointed. The

Governor shall appoint one nominee to fill the vacancy, but if the

Governor fails to do so within sixty (60) days after the State Judge

Advocate submits the nominee to the Governor or the Governor does

not affirmatively reject in writing the nominee so submitted, the

State Judge Advocate shall appoint one nominee, the appointment to

be certified by the Secretary of State. No person so nominated and

Oklahoma Statutes - Title 44. Militia Page 131

appointed by the Governor or by the State Judge Advocate shall take

his or her seat on the Military Court of Appeals without first

receiving the approbation of the Senate through advice and consent;

provided that, in the case of any vacancy that occurs while the

Legislature is not in regular session within the meaning of Section

26 of Article V of the Oklahoma Constitution, the Governor, or the

State Judge Advocate as provided in this subsection, shall appoint a

person who satisfies the requirements established in subsection C of

this section to serve as an appellate military judge. If the

interim nomination of the appellate military judge is not approved

by the Senate during the first regular session following its

submission, it shall be deemed rejected. No person shall be

nominated to serve as a member of the Military Court of Appeals who

is presently employed by the Oklahoma Military Department, either in

a full-time or part-time capacity, nor shall any person employed as

a federal technician, as defined in Title 32 of the United States

Code, be nominated to serve as a member of the Military Court of

Appeals.

C. Qualifications. An appellate military judge who is

appointed to the Military Court of Appeals shall be a licensed

practicing attorney or judge of a court of record, or both, in

Oklahoma for one (1) year preceding his or her appointment and shall

continue to be a duly licensed attorney while in office to be

eligible to hold the office. No appellate military judge shall be

appointed to the Military Court of Appeals who did not previously

serve as a judge advocate in any department of the Armed Forces of

the United States, to include reserve components of the same. The

Military Court of Appeals shall include at least one appellate

military judge who previously served in the United States Army or a

reserve component of the same. The Military Court of Appeals shall

include at least one appellate military judge who previously served

in the United States Air Force or a reserve component of the same.

D. Term of office and causes for removal or retirement. Each

appellate military judge appointed pursuant to this section shall,

unless removed for cause, serve out the term for which he or she is

appointed. Appellate military judges appointed pursuant to this

section shall serve for fixed terms of office of appropriate minimum

periods which shall be prescribed by regulations promulgated by the

Adjutant General. The appellate military judges of the Military

Court of Appeals, exercising judicial power under the provisions of

the Oklahoma Uniform Code of Military Justice, shall be subject to

removal from office, or to compulsory retirement from office, by

proceedings in the Court on the Judiciary, for:

1. Gross neglect of duty, corruption in office, habitual

drunkenness, commission while in office of any offense involving

moral turpitude, gross partiality in office, oppression in office,

mental or physical disability preventing the proper performance of

Oklahoma Statutes - Title 44. Militia Page 132

official duty or incompetence to perform the duties of the office;

or

2. Other reasons arising from military customs and practices

defined in regulations promulgated by the Adjutant General.

E. Compensation. Appellate military judges shall receive

compensation calculated on the basis of the current basic pay

received by a member in active federal service at the grade of O-6

with twenty (20) years of time in service. The Adjutant General

shall promulgate regulations establishing the method of calculating

compensation for less than full-time service by members of the

Military Court of Appeals. Appellate military judges may be paid

such actual and necessary expenses as may be provided for in

regulations promulgated by the Adjutant General.

F. Review.

1. Appeals by accused. The Military Court of Appeals shall

have jurisdiction over a timely appeal from the judgment of a court-

martial, entered into the record under Section 860C of this title

(Article 60C), as follows:

a. on appeal by the accused in a case in which the

sentence extends to confinement for more than six (6)

months and the case is not subject to automatic review

under paragraph 3 of this subsection,

b. on appeal by the accused in a case in which the

government previously filed an appeal under Section

862 of this title (Article 62),

c. on appeal by the accused in a case that the State

Judge Advocate has sent to the Military Court of

Appeals for review of the sentence under subsection C

of Section 856 of this title (Article 56, subsection

C),

d. in a case in which the accused filed an application

for review with the Court under subparagraph b of

paragraph 1 of subsection D of Section 869 of this

title (Article 69, subsection D, paragraph 1,

subparagraph b) and the application has been granted

by the Court.

2. Review of certain sentences. The Military Court of Appeals

shall have jurisdiction over all cases that the State Judge Advocate

orders sent to the Court for review under subsection C of Section

856 of this title (Article 56, subsection C).

3. Automatic review. The Military Court of Appeals shall have

jurisdiction over a court-martial in which the judgment entered into

the record under Section 860C of this title (Article 60C) includes a

sentence of dismissal of a commissioned officer, cadet, dishonorable

discharge or bad-conduct discharge, or confinement for two (2) years

or more.

Oklahoma Statutes - Title 44. Militia Page 133

G. Timeliness. An appeal under paragraph 1 of subsection F of

this section is timely if it is filed as follows:

1. In the case of an appeal by the accused under subparagraph a

or b of paragraph 1 of subsection F of this section, if filed before

the later of:

a. the end of the ninety-day period beginning on the date

the accused is provided notice of appellate rights

under subsection C of Section 865 of this title

(Article 65, subsection C), or

b. the date set by the Military Court of Appeals by rule

or order; and

2. In the case of an appeal by the accused under paragraph 1 of

subsection C of Section 865 of this title (Article 65, subsection C,

paragraph 1), if filed before the later of:

a. the end of the ninety-day period beginning on the date

the accused is notified that the application for

review has been granted by letter placed 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 his or her official service record, or

b. the date set by the Military Court of Appeals by rule

or order.

H. Duties.

1. Cases appealed by accused. In any case before the Military

Court of Appeals under subsection F of this section, the Court may

act only with respect to the findings and sentence as entered into

the record under Section 860C of this title (Article 60C). The

Court may affirm only such findings of guilty, and the sentence or

such part or amount of the sentence, as the Court finds correct on

the basis of applicable law.

2. Error or excessive delay. In any case before the Military

Court of Appeals under subsection F of this section, the Court may

provide appropriate relief if the accused demonstrates error or

excessive delay in the processing of the court-martial after the

judgment was entered into the record under Section 860C of this

title (Article 60C).

I. Consideration of appeal of sentence by the State of

Oklahoma.

1. In general. In considering a sentence on appeal or review

as provided in subsection C of Section 856 of this title (Article

56, subsection C), the Military Court of Appeals may consider:

a. whether the sentence violates the law, and

b. whether the sentence is plainly unreasonable.

2. Record on appeal or review. In an appeal or review under

this subsection or subsection C of Section 856 of this title

Oklahoma Statutes - Title 44. Militia Page 134

(Article 56, subsection C), the record on appeal or review shall

consist of:

a. any portion of the record in the case that is

designated as pertinent by either of the parties,

b. the information submitted during the sentencing

proceeding, and

c. any information required by regulations promulgated by

the Adjutant General or by rule or order of the

Military Court of Appeals.

J. Limits of authority.

1. Set aside of findings.

a. In general. If the Military Court of Appeals sets

aside the findings, the Court:

(1) may affirm any lesser included offense, and

(2) may, except when prohibited by Section 844 of

this title (Article 44), order a rehearing.

b. Dismissal when no rehearing ordered. If the Military

Court of Appeals sets aside the findings and does not

order a rehearing, the Court shall order that the

charges be dismissed.

c. Dismissal when rehearing impracticable. If the

Military Court of Appeals orders a rehearing on a

charge and the convening authority finds a rehearing

impracticable, the convening authority may dismiss the

charge.

2. Set aside of sentence. If the Military Court of Appeals

sets aside the sentence, the Court may:

a. modify the sentence to a lesser sentence, or

b. order a rehearing.

3. Additional proceedings. If the Military Court of Appeals

determines that additional proceedings are warranted, the Court may

order a hearing as may be necessary to address a substantial issue,

subject to such limitations as the Court may direct and under such

regulations as the Adjutant General may prescribe.

K. Action in accordance with decisions of courts. The State

Judge Advocate shall, unless there is to be further action by the

Governor, the Adjutant General, or the Oklahoma Court of Criminal

Appeals, instruct the appropriate authority to take action in

accordance with the decision of the Military Court of Appeals.

L. Rules of procedure and designation of chief judge. The

State Judge Advocate shall prescribe uniform rules of procedure for

the Military Court of Appeals which shall be published as a military

publication and shall meet periodically to formulate policies and

procedure in regard to review of court-martial cases in the office

of the State Judge Advocate and by the Military Court of Appeals.

The State Judge Advocate shall designate as chief judge one of the

appellate military judges of the Military Court of Appeals.

Oklahoma Statutes - Title 44. Militia Page 135

M. Prohibition on evaluation of other members of courts. No

member of the Military Court of Appeals shall be required, or on his

or her own initiative be permitted, to prepare, approve, disapprove,

review, or submit, with respect to any other member of the Military

Court of Appeals, an effectiveness, fitness, or efficiency report,

or any other report or document used in whole or in part for the

purpose of determining whether a member of the state military forces

is qualified to be advanced in grade, or in determining the

assignment or transfer of a member of the state military forces, or

in determining whether a member of the state military forces should

be retained as a member of the state military forces.

N. Ineligibility of members of courts to review records of

cases involving certain prior member service. No member of the

Military Court of Appeals shall be eligible to review the record of

any trial if such member served as investigating officer in the case

or served as a member of the court-martial before which such trial

was conducted, or served as military trial judge, trial or defense

counsel, or reviewing officer of such trial. No member of the

Military Court of Appeals shall be eligible to review the record of

any trial if such member served as an Assistant Attorney General,

district attorney, assistant district attorney or municipal

prosecutor who determined or participated in the determination of

whether to prosecute a nonmilitary offense when the act or omission

in question could have violated both the Oklahoma Uniform Code of

Military Justice and state or local criminal laws.
Okla. Stat. tit. 44, § 44-77 — OK Code / Title 44 / Section 44-77
State funding for insurance premiums
Status: in_force

The Adjutant General is hereby authorized to administer,

determine eligibility and expend state funds appropriated by the

Legislature for payment/reimbursement of insurance premiums to

provide coverage up to the amount of Two Hundred Fifty Thousand

Dollars ($250,000.00) under Serviceman’s Group Life Insurance (SGLI)

or State Sponsored Life Insurance (SSLI) for the military members of

the Oklahoma Army and Air National Guard.

Oklahoma Statutes - Title 44. Militia Page 25
Okla. Stat. tit. 44, § 44-219 — OK Code / Title 44 / Section 44-219
State not to be financially responsible
Status: in_force

The State of Oklahoma, in so accepting and holding the said

parcel or parcels of real estate, shall incur no financial

responsibility or liability.
Okla. Stat. tit. 44, § 44-940C — OK Code / Title 44 / Section 44-940C
Manual for Courts-Martial
Status: in_force

ARTICLE 140C. Manual for Courts-Martial.

Oklahoma Statutes - Title 44. Militia Page 177

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 Oklahoma Uniform Code of

Military Justice, shall be adopted as the Oklahoma State Manual for

Courts-Martial.
Okla. Stat. tit. 44, § 44-3398 — OK Code / Title 44 / Section 44-3398
Renumbered as § 941 of this title by Laws 2019, c. 408, §
Status: in_force

216, eff. Oct. 1, 2019.
Okla. Stat. tit. 44, § 44-914 — OK Code / Title 44 / Section 44-914
Endangerment offenses
Status: in_force

ARTICLE 114. Endangerment offenses.

A. Reckless endangerment. Any person subject to the Oklahoma

Uniform Code of Military Justice who engages in conduct that:

1. Is wrongful and reckless or is wanton; and

2. Is likely to produce death or grievous bodily harm to

another person,

shall be punished as a court-martial may direct.

B. Dueling. Any person subject to the Code:

1. Who fights or promotes, or is concerned in or connives at

fighting, a duel; or

2. Who, having knowledge of a challenge sent or about to be

sent, fails to report the facts promptly to the proper authority,

shall be punished as a court-martial may direct.

C. Firearm discharge, endangering human life. Any person

subject to the Code who, willfully and wrongly, discharges a

firearm, under circumstances such as to endanger human life shall be

punished as a court-martial may direct.

D. State active duty, personal firearms. Any person subject to

the Code and in a state active duty status who carries a personal

firearm openly or concealed on or about his or her person without

the authorization of the Adjutant General or pursuant to the state

rules for the use of force then in effect shall be punished as a

court-martial may direct.

E. Carrying concealed weapon. Any person subject to the Code

who unlawfully carries a dangerous weapon concealed on or about his

or her person shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-4332 — OK Code / Title 44 / Section 44-4332
Annual report by the Commissioner of Labor
Status: in_force

A. Annual report by the Commissioner of Labor. The

Commissioner shall, after consultation with the district attorney to

whom a complaint pursuant to the Oklahoma Uniformed Services

Employment and Reemployment Rights Act has been referred, transmit

to the Committee on Veterans and Military Affairs of the Oklahoma

House of Representatives and the Committee on Veterans and Military

Affairs of the Oklahoma State Senate not later than July 1 of each

year a report on matters for the fiscal year ending in the year

before the year in which the report is transmitted the number of

cases reviewed by the Department of Labor under the Oklahoma

Uniformed Services Employment and Reemployment Rights Act during the

fiscal year for which the report is made.

B. In the event no complaints are received pursuant to the

Oklahoma Uniformed Services Employment and Reemployment Rights Act

during the fiscal year for which the report is made, no report shall

be required pursuant to this section.
Okla. Stat. tit. 44, § 44-819 — OK Code / Title 44 / Section 44-819
Jurisdiction of special courts-martial
Status: in_force

ARTICLE 19. Jurisdiction of special courts-martial.

A. Subject to Section 817 of this title (Article 17), special

courts-martial 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 prescribed by

regulation promulgated by the Governor or Adjutant General, adjudge

any punishment not forbidden by the Code except dishonorable

discharge, dismissal, confinement for more than one (1) year,

forfeiture of pay exceeding two-thirds (2/3) pay per month, or

forfeiture of pay for more than one (1) year.

B. Neither confinement for more than six (6) months, nor

forfeiture of pay for more than six (6) months may be adjudged if

charges and specifications are referred to a special court-martial

consisting of a military judge alone under subparagraph a of

paragraph 2 of subsection C of Section 816 of this title (Article

16, subsection C, paragraph 2, subparagraph a).
Okla. Stat. tit. 44, § 44-858 — OK Code / Title 44 / Section 44-858
Execution of confinement
Status: in_force

ARTICLE 58. Execution of confinement.

A. Under such regulations as the Governor or Adjutant General

may prescribe, a sentence of confinement adjudged by a court-

martial, whether or not the sentence includes discharge or

dismissal, and whether or not the discharge or dismissal has been

executed, may be carried into execution by confinement in any place

of confinement under the control of the state military forces or in

any penal or correctional institution used or under the control of

the Oklahoma Department of Corrections. Persons so confined in a

penal or correctional institution not under the control of the state

military forces are subject to the same discipline and treatment as

persons confined or committed by the courts of this state.

B. No confinement ordered by a court-martial shall include hard

labor.
Okla. Stat. tit. 44, § 44-241 — OK Code / Title 44 / Section 44-241
Governor authorized to organize, maintain, etc. - Uniform
Status: in_force

The Governor, pursuant to the authority granted the states by

Section 109 of Title 32 of the United States Code or a successor

provision, and under such regulations as the Secretary of Defense

may prescribe for discipline in training, is hereby authorized to

enlist, organize, maintain, equip and discipline such military

forces other than the National Guard as he or she may deem necessary

to defend the state. Such forces shall be uniformed and subject to

Sections 1 through 117, Sections 208 through 237, and Sections 800

through 946 of this title, insofar as such sections do not conflict

with Sections 241 through 250 of this title.
Okla. Stat. tit. 44, § 44-815 — OK Code / Title 44 / Section 44-815
Commanding officer's nonjudicial punishment
Status: reserved

ARTICLE 15. Commanding officer's nonjudicial punishment.

A. Except as provided in subsection B of this section, any

commanding officer may impose disciplinary punishments for minor

offenses arising under the punitive articles of the Oklahoma Uniform

Code of Military Justice without the intervention of a court-

martial.

Oklahoma Statutes - Title 44. Militia Page 73

B. Any commanding officer may limit or withhold the exercise of

nonjudicial punishment authority by subordinate commanders,

including limiting authority over certain categories of military

personnel or offenses. Likewise, individual cases may be reserved

by a superior commander. A superior authority may limit or withhold

any power that a subordinate might otherwise exercise under this

section.

C. Except as provided in subsection L of this section, the

Governor or Adjutant General may delegate the powers established

under this section to a commanding officer who is a member of the

state military forces and is also a member of the same force

component as the accused.

D. Except as provided in subsection S of this section, any

commanding officer may impose upon enlisted members of the officer's

command:

1. An admonition;

2. A reprimand;

3. The withholding of privileges for not more than six (6)

months which need not be consecutive;

4. The forfeiture of pay of not more than seven (7) days' pay;

5. A fine of not more than seven (7) days' pay;

6. A reduction to the next inferior pay grade, if the grade

from which demoted is within the promotion authority of the officer

imposing the reduction or any officer subordinate to the one who

imposes the reduction;

7. Extra duties, including fatigue or other duties, for not

more than fourteen (14) days, which need not be consecutive; and

8. Restriction to certain specified limits, with or without

suspension from duty, for not more than fourteen (14) days, which

need not be consecutive.

E. Except as provided in subsection S of this section, any

commanding officer of the grade of major or above may impose upon

enlisted members of the officer's command:

1. An admonition;

2. A reprimand;

3. The withholding of privileges for not more than six (6)

months which need not be consecutive;

4. The forfeiture of not more than one-half (1/2) of one (1)

month's pay per month for two (2) months;

5. A fine of not more than one (1) month's pay;

6. A reduction to the lowest or any intermediate pay grade, if

the grade from which demoted is within the promotion authority of

the commanding officer imposing the reduction or any officer

subordinate to the one who imposes the reduction, but an enlisted

member in a pay grade above E-4 shall not be reduced more than two

pay grades;

Oklahoma Statutes - Title 44. Militia Page 74

7. Extra duties, including fatigue or other duties, for not

more than forty-five (45) days which need not be consecutive; and

8. Restriction to certain specified limits, with or without

suspension from duty, for not more than sixty (60) days which need

not be consecutive.

F. The Governor, the Adjutant General, or an officer exercising

general or special court-martial convening authority may impose:

1. Upon officers of the officer's command:

a. any punishment authorized in subsection E of this

section, except for the punishments provided in

paragraphs 6 and 7 of subsection E of this section,

and

b. arrest in quarters for not more than thirty (30) days

which need not be consecutive; and

2. Upon enlisted members of the officer's command, any

punishment authorized in subsection E of this section.

Admonitions or reprimands given as nonjudicial punishment to

commissioned officers and warrant officers shall be administered in

writing. In all other cases, unless otherwise prescribed by

regulations promulgated by the Adjutant General, such punishments

may be administered either orally or in writing.

G. Whenever any punishments are combined to run consecutively,

the total length of the combined punishment shall not exceed the

authorized duration of the longest punishment included in the

combination, and there shall be an apportionment of punishments so

that no single punishment in the combination exceeds its authorized

length under this section.

H. Once the commanding officer has determined that nonjudicial

punishment is appropriate, the commanding officer shall provide

reasonable notice to the member of his or her intent to impose

nonjudicial punishment. At the time the commanding officer provides

notification as required in this subsection, the member shall be

entitled to examine all statements and other evidence that the

commander has examined and intends to rely upon as the basis for

punishment. The member shall be provided a copy of the documentary

evidence unless it is privileged, classified, or otherwise

restricted by law, regulation, or instruction. At the time the

commanding officer provides notification as required in this

subsection, the commanding officer shall also inform the member as

to the quantum of punishment potentially to be imposed. While a

member undergoing nonjudicial punishment is not entitled to

representation by a duly appointed defense counsel, the member may

seek legal advice from any judge advocate available for this

purpose. Upon notification by the officer of his or her intent to

impose judicial punishment, the member shall provide a response

within forty-five (45) calendar days.

Oklahoma Statutes - Title 44. Militia Page 75

I. The right to demand trial by court-martial in lieu of

nonjudicial punishment shall arise only when arrest in quarters or

restriction will be considered as punishments. If the commanding

officer determines that arrest in quarters or restriction will be

considered as punishments, prior to the offer of nonjudicial

punishment the member shall be notified in writing of the right to

demand trial by court-martial. Should the commanding officer

determine that the punishment options will not include arrest in

quarters or restriction, the member shall be notified that there is

no right to trial by court-martial in lieu of nonjudicial

punishment. Upon notification by the commanding officer of his or

her intent to impose nonjudicial punishment that includes arrest in

quarters or restriction, the member shall be afforded a reasonable

amount of time to confer with legal counsel and to prepare a

response.

J. The commanding officer who imposes the punishment, or his or

her successor in command, may at any time suspend, set aside,

mitigate or remit any part or amount of the punishment and restore

all rights, privileges and property affected. The commanding

officer may also mitigate:

1. Reduction in grade to forfeiture of pay;

2. Arrest in quarters to restriction; or

3. Extra duties to restriction.

The mitigated punishment shall not be for a greater period than

the punishment mitigated. When mitigating reduction in grade to

forfeiture of pay, the amount of the forfeiture shall not be greater

than the amount that could have been imposed initially under this

article by the officer who imposed the punishment mitigated.

K. A person punished under this section who considers the

punishment unjust or disproportionate to the offense may, through

his or her chain of command, appeal to a senior officer designated

by the Adjutant General to adjudicate appeals arising from

nonjudicial punishment. A senior officer so designated by the

Adjutant General shall be a member of the same component of the

state military forces as the accused. An appeal made pursuant to

this subsection shall be lodged within fifteen (15) days after the

punishment is announced to the member. The commanding officer

exercising appellate authority may, at his or her discretion, extend

the deadline for an appeal. The appeal shall be promptly forwarded

and decided, and the member shall not be punished until the appeal

is decided. The senior officer designated by the Adjutant General

as exercising appellate authority may exercise the same powers with

respect to the punishment imposed as may be exercised under

subsection I of this section by the officer who imposed the

punishment. Before acting on an appeal from a punishment, the

senior officer exercising appellate authority shall refer the case

to a judge advocate for consideration and advice. When a senior

Oklahoma Statutes - Title 44. Militia Page 76

officer is designated by the Adjutant General to adjudicate appeals

arising from nonjudicial punishment, such designation shall be

accomplished in writing and shall be considered a military

publication, as defined in Section 801 of this title (Article 1).

L. Except for nonjudicial punishment imposed by the Governor or

the Adjutant General, the final appellate authority for nonjudicial

punishment imposed within state military forces is the Adjutant

General. A person punished under this section whose appeal was

previously denied by a senior officer designated to adjudicate

appeals may, through his or her chain of command, lodge an

additional appeal with the Adjutant General within five (5) days

after the appeal is denied. In the event the officer imposing

nonjudicial punishment is a senior officer who is also designated to

adjudicate appeals arising from nonjudicial punishment, an appeal

thereof shall be addressed directly to the Adjutant General. In the

event the officer imposing nonjudicial punishment is the Adjutant

General, an appeal thereof shall be addressed directly to the

Governor. An appeal offered pursuant to this subsection shall be

made only in writing. Neither the Governor nor the Adjutant General

shall delegate his or her duties as an appellate authority under

this subsection.

M. Whenever nonjudicial punishment is imposed under this

section:

1. After adjudication and while the punishment is being carried

out or while the adjudged punishment is pending before the appellate

authority, the commander or officer in charge who imposed the

nonjudicial punishment, upon the request of the member, may:

a. excuse the member from attendance at scheduled unit

training assemblies, or

b. arrange for the member to drill on alternate dates and

in alternate locations; or

2. If necessary to maintain good order and discipline within

the unit, the commanding officer who imposed the nonjudicial

punishment may order the member to drill on alternate dates and in

alternate locations. The order shall be reduced to writing and

shall become part of the record of nonjudicial punishment.

N. The imposition and enforcement of disciplinary punishment

under this section for any act or omission shall not be a bar to

trial by court-martial or a civilian court of competent jurisdiction

for a crime or offense arising out of the same act or omission; but

the fact that a disciplinary punishment has been enforced may be

demonstrated by the member upon trial and, when so demonstrated, it

shall be considered in determining the measure of punishment to be

adjudged in the event of a finding or verdict of guilty.

Nonjudicial punishment shall not be imposed for an offense

previously tried by a civilian court unless so authorized by

regulations promulgated by the Adjutant General.

Oklahoma Statutes - Title 44. Militia Page 77

O. When nonjudicial punishment has been imposed for an offense,

punishment shall not again be imposed for the same offense under

this section. Once nonjudicial punishment has been imposed, it may

not be increased, upon appeal or otherwise. When a commanding

officer determines that nonjudicial punishment is appropriate for a

particular member, all known offenses determined to be appropriate

for disposition by nonjudicial punishment and ready to be considered

at that time, including all offenses arising from a single incident

or course of conduct, shall be considered together and shall not be

made the basis for multiple punishments. This subsection shall in

no way restrict the right of a commanding officer to prefer court-

martial charges for an offense previously punished under the

provisions of this section.

P. In accordance with subsection B of Section 843 of this title

(Article 43, subsection B), a person accused of an offense is not

liable to be punished under this section if the offense was

committed more than two (2) years before the imposition of

punishment. Periods in which the member is absent without authority

shall be excluded in computing the period of limitation prescribed

in this section.

Q. Whenever a punishment of forfeiture of pay is imposed under

this section, the forfeiture shall not apply to pay accruing before

the date that punishment is imposed, but only pay accruing on or

after the date that punishment is imposed.

R. The Adjutant General may promulgate regulations prescribing

the type and form of records to be kept of proceedings conducted

pursuant to this section. The Adjutant General may promulgate any

other regulations necessary to carry out the provisions of this

section.

S. For purposes of this section, no member of the Oklahoma

National Guard of the rank of E-8 or E-9 shall be reduced in rank

pursuant to this section except when the reduction results from

nonjudicial punishment imposed by an officer of the Oklahoma

National Guard of the rank of Brigadier General or by the Adjutant

General. When imposing nonjudicial punishment on enlisted persons

of the rank of E-7 or below, a commander or officer in charge who

possesses the rank of colonel may consider reduction in rank as a

possible punishment.
Okla. Stat. tit. 44, § 44-231 — OK Code / Title 44 / Section 44-231
Assisting in drug interdicton and counter drug activities - National Guard volunteers to be
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 3- National Guard volunteers to be requested by Governor.

A. The Governor may request volunteers of the National Guard to

provide assistance to federal, state and local law enforcement

officers, within or outside the boundaries of this state, in drug

interdiction and counter drug activities pursuant to 32 U.S.C.,

Section 112. These activities may include, but not be limited to,

the operation and maintenance of equipment and facilities. The

Governor may order, with their consent, any National Guard members,

who volunteer pursuant to this section, to duty in federally funded

status. The Governor may delegate the Governor's authority under

this section to the Adjutant General. The Adjutant General shall

follow all laws and regulations of the United States Department of

Defense when ordering National Guard members to perform drug

interdiction and counter drug activities pursuant to this section.

B. The Adjutant General, with the consent of the Governor, may

enter into mutual assistance and support agreements with one or more

other states, whether those activities are within or outside this

state, in order to facilitate and coordinate efficient and

cooperative enforcement efforts directed toward drug interdiction,

counter drug activities, and demand reduction.

C. A National Guard member assisting in drug interdiction and

counter drug activities pursuant to this section shall obey and

execute the instruction of the law enforcement officer in charge of

these activities given to the National Guard member through the

military chain of command.
Okla. Stat. tit. 44, § 44-921 — OK Code / Title 44 / Section 44-921
Larceny and wrongful appropriation
Status: in_force

ARTICLE 121. Larceny and wrongful appropriation.

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

Justice who wrongfully takes, obtains, or withholds, by any means,

from the possession of the owner or of any other person any money,

personal property, or article of value of any kind:

1. With intent permanently to deprive or defraud another person

of the use and benefit of property or to appropriate it to his or

her own use or the use of any person other than the owner, steals

that property and is guilty of larceny; or

2. With intent temporarily to deprive or defraud another person

of the use and benefit of property or to appropriate it to his or

her own use or the use of any person other than the owner, is guilty

of wrongful appropriation.

B. Any person found guilty of larceny or wrongful appropriation

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-25 — OK Code / Title 44 / Section 44-25
Rank of Adjutant General - Assistants
Status: in_force

A. The Adjutant General shall have the rank of Major General

and devote full time to the duties of the office. Regardless of

whether or not the Adjutant General has been recognized federally at

the rank of Major General at the time of appointment by the

Governor, the Adjutant General shall be compensated at the same rate

of pay afforded to a Major General serving on federal Title 10

active duty with the same time in service.

B. The Governor may appoint Assistant Adjutants General for

Army and Assistant Adjutants General for Air to assist the Adjutant

General in the discharge and performance of his or her duties. When

appointing Assistant Adjutants General, the Governor shall take into

consideration the number of such positions contemplated or

recommended by the National Guard Bureau for manning the joint

forces headquarters of a state. Such Assistant Adjutants General

shall have the qualifications prescribed by law for the Adjutant

General and shall have the rank of Brigadier General. The Assistant

Adjutants General appointed by the Governor shall be considered

Oklahoma Statutes - Title 44. Militia Page 17

staff officers and not commanders except that, in the discretion of

the Adjutant General, specific command or supervisory authority may

be delegated by the Adjutant General to an Assistant Adjutant

General but such delegation shall be accomplished in writing and

shall be considered a military publication, as defined in Section

801 of this title (Article 1).

C. Other general officers assigned to billets within the state

military forces, including certain billets within the joint forces

headquarters, shall be considered staff officers and not commanders

except that, in the discretion of the Adjutant General, specific

command or supervisory authority may be delegated by the Adjutant

General to such general officers, but such delegation shall be

accomplished in writing and shall be considered a military

publication, as defined in Section 801 of this title (Article 1).

D. The Adjutant General may employ a state employee in the

position of Executive Assistant and Programs Manager for the

Military Department of the state. Said position shall be

unclassified and exempt from the Oklahoma Personnel Act and the

Merit Rules for Employment, except leave regulations.
Okla. Stat. tit. 44, § 44-22 — OK Code / Title 44 / Section 44-22
Administration of military matters
Status: in_force

All matters concerning or relating to the Militia, the National

Guard, or other military organizations, and such other duties as may

be assigned by the Governor, shall be administered by and through

the Military Department.
Okla. Stat. tit. 44, § 44-934 — OK Code / Title 44 / Section 44-934
General article
Status: in_force

ARTICLE 134. General article.

Oklahoma Statutes - Title 44. Militia Page 173

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, all conduct

of a nature to bring discredit upon the state military forces, and

crimes and offenses not capital, 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, where a crime constitutes an offense that

violates both the Code and the criminal laws of the State of

Oklahoma, jurisdiction over the offense shall be determined in

accordance with Section 802 of this title (Article 2). This section

shall encompass all specifically enumerated offenses included in

Section 934 of Title 10 of the United States Code, including all

amendments thereto adopted from time to time, except when such

provisions are contrary to or inconsistent with the United States

Code.
Okla. Stat. tit. 44, § 44-220 — OK Code / Title 44 / Section 44-220
Building and loan association loans authorized
Status: in_force

Building and loan associations doing business in the State of

Oklahoma may negotiate loans on such real estate, secured by

mortgages thereon, under the same conditions and terms and with the

same right and power of foreclosure as upon other real estate, but

no judgment therein shall run against the State of Oklahoma.
Okla. Stat. tit. 44, § 44-912 — OK Code / Title 44 / Section 44-912
Drunkenness and other incapacitation offenses
Status: in_force

ARTICLE 112. Drunkenness and other incapacitation offenses.

Oklahoma Statutes - Title 44. Militia Page 157

A. Drunk on duty. Any person subject to the Oklahoma Uniform

Code of Military Justice who is drunk on duty shall be punished as a

court-martial may direct.

B. Incapacitation for duty from drunkenness or drug use. Any

person subject to the Code who, as a result of indulgence in any

alcoholic beverage or any drug, is incapacitated for the proper

performance of duty shall be punished as a court-martial may direct.

C. Drunk prisoner. Any person subject to the Code who is a

prisoner and, while in such status, is drunk shall be punished as a

court-martial may direct.
Okla. Stat. tit. 44, § 44-896 — OK Code / Title 44 / Section 44-896
Release of prisoner without authority - Drinking with
Status: in_force

prisoner.

ARTICLE 96. Release of prisoner without authority; drinking

with prisoner.

A. Release of prisoner without authority. Any person subject

to the Oklahoma Uniform Code of Military Justice:

1. Who, without authority to do so, releases a prisoner; or

2. Who, through neglect or design, allows a prisoner to escape,

shall be punished as a court-martial may direct, whether or not the

prisoner was committed in strict compliance with the law.

B. Drinking with prisoner. Any person subject to the Code who

unlawfully drinks any alcoholic beverage with a prisoner shall be

punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-213 — OK Code / Title 44 / Section 44-213
Exemption from taxation of military property - Free use of
Status: in_force

municipally owned public utilities.

All personal and real property held and used for armory or

military purposes shall be exempt from taxation; and it shall be

lawful for any county or city or town which owns public utilities to

grant to any organization or unit of the National Guard, which is

stationed in such place, the free use of such public utilities.Oklahoma Statutes - Title 44. Militia Page 2
Okla. Stat. tit. 44, § 44-820 — OK Code / Title 44 / Section 44-820
Jurisdiction and appeals of summary courts-martial
Status: in_force

ARTICLE 20. Jurisdiction and appeals of summary courts-martial.

A. Subject to Section 817 of this title (Article 17), summary

courts-martial have jurisdiction to try persons subject to the

Oklahoma Uniform Code of Military Justice, except officers, cadets

and officer candidates for any offense made punishable by the Code

under such limitations as may be prescribed by regulation

promulgated by the Governor or Adjutant General. No person with

respect to whom summary courts-martial have jurisdiction shall be

Oklahoma Statutes - Title 44. Militia Page 80

brought to trial before a summary court-martial if he or she objects

thereto. If objection to trial by summary court-martial is made by

an accused, trial may be ordered by special or general court-martial

as may be appropriate. Summary courts-martial may, under such

limitations as may be prescribed by regulation promulgated by the

Governor or Adjutant General, adjudge any punishment not forbidden

by the Code except dismissal, dishonorable or bad-conduct discharge,

confinement for more than one (1) month, hard labor without

confinement for more than forty-five (45) days, restriction to

specified limits for more than two (2) months, or forfeiture of more

than two-thirds (2/3) of one (1) month's pay.

B. A summary court-martial is a noncriminal forum. A finding

of guilty at a summary court-martial does not constitute a criminal

conviction.

C. Regular appeals. A person found guilty at a summary court-

martial who considers the punishment unjust or disproportionate to

the offense may appeal to a senior officer designated by the

Adjutant General to adjudicate appeals. A senior officer designated

by the Adjutant General shall be an officer assigned to joint forces

headquarters and shall be a member of the same component of the

state military forces as the accused. An appeal made pursuant to

this subsection shall be lodged within thirty (30) calendar days

after the date the accused receives written notice from the

convening authority that the convening authority has complied with

the requirements of subsection B of Section 860C of this title

(Article 860C, subsection B). Before acting on an appeal submitted

pursuant to this subsection, the senior officer exercising appellate

authority shall refer the case to a judge advocate for consideration

and advice. When a senior officer is designated by the Adjutant

General to adjudicate appeals pursuant to this subsection, such

designation shall be accomplished in writing and shall be considered

a military publication, as defined in Section 801 of this title

(Article 1).

D. Appeals in certain instances. Except for summary courts-

martial convened by the Governor or the Adjutant General, the final

appellate authority for summary courts-martial convened pursuant to

this Code shall be the Adjutant General. A person found guilty at a

summary court-martial whose appeal was previously denied by a senior

officer designated to adjudicate appeals may lodge an additional

appeal with the Adjutant General within fifteen (15) calendar days

after the appeal is denied. In the event the officer who convened

the summary court-martial is a senior officer who is also designated

to adjudicate appeals, an appeal thereof shall be addressed directly

to the Adjutant General. In the event the officer who convened the

summary court-martial is the Adjutant General, an appeal thereof

shall be addressed directly to the Governor. An appeal offered

pursuant to this subsection shall be made only in writing. Neither

Oklahoma Statutes - Title 44. Militia Page 81

the Governor nor the Adjutant General shall delegate his or her

duties as an appellate authority under this subsection.

E. The Adjutant General may promulgate regulations prescribing

the type and form of records to be kept of appellate proceedings

undertaken pursuant to subsections C and D of this section.
Okla. Stat. tit. 44, § 44-809 — OK Code / Title 44 / Section 44-809
Imposition of restraint
Status: in_force

ARTICLE 9. Imposition of restraint.

A. Arrest is the restraint of a person by an order, not imposed

as a punishment for an offense, directing that person to remain

within certain specified limits. Confinement is the physical

restraint of a person.

B. An enlisted member may be ordered into arrest or confinement

by any commissioned officer by an order, oral or written, delivered

in person or through other persons subject to the Oklahoma Uniform

Code of Military Justice. A commanding officer may authorize

warrant officers or noncommissioned officers to order enlisted

members of his or her command or subject to his or her authority

into arrest or confinement.

C. A commissioned officer or a warrant officer may be ordered

into arrest or confinement only by a commanding officer to whose

authority he or she is subject, by an order, oral or written,

delivered in person, or by another commissioned officer. The

authority to order such persons into arrest or confinement shall not

be delegated.

D. No person may be ordered into arrest or confinement except

for probable cause.

E. Nothing in this section limits the authority of persons

authorized to apprehend offenders to secure the custody of an

alleged offender until proper authority may be notified.
Okla. Stat. tit. 44, § 44-237 — OK Code / Title 44 / Section 44-237
Oklahoma National Guard Relief Program
Status: in_force

A. The Military Department of the State of Oklahoma shall

create the Oklahoma National Guard Relief Program. The program is

created for the purpose of providing financial support to members of

the Oklahoma National Guard.

B. A review board shall be created for purposes of accepting

applications and donations for financial support and to direct the

distribution of program monies. The Adjutant General shall appoint

current and former members or their spouses of the Oklahoma National

Guard to serve as board members without compensation or

reimbursement of travel or personal expenses.

C. The Adjutant General is authorized to establish procedures

for meetings, qualifying expenses, approvals, and criteria for

funding financial hardships in support of the members of the

Oklahoma National Guard.
Okla. Stat. tit. 44, § 44-860C — OK Code / Title 44 / Section 44-860C
Entry of judgment
Status: in_force

ARTICLE 60C. Entry of judgment.

A. Entry of judgment of general or special court-martial.

Oklahoma Statutes - Title 44. Militia Page 124

1. In accordance with regulations prescribed by the Adjutant

General, in a general or special court-martial, the military judge

shall enter into the record of trial the judgment of the court. The

judgment of the court shall consist of the following:

a. the Statement of Trial Results under Section 860 of

this title (Article 60),

b. any modifications of, or supplements to, the Statement

of Trial Results by reason of:

(1) any posttrial action by the convening authority,

or

(2) any ruling, order, or other determination of the

military judge that affects a plea, a finding, or

the sentence.

2. Under regulations prescribed by the Adjutant General, the

judgment under paragraph 1 of this subsection shall be:

a. provided to the accused and to any victim of the

offense, and

b. made available to the public.

B. Summary court-martial judgment. The findings and sentence

of a summary court-martial, as modified by any posttrial action by

the convening authority under Section 860B of this title (Article

60B), constitutes the judgment of the court-martial and shall be

recorded and distributed under regulations prescribed by the

Adjutant General.
Okla. Stat. tit. 44, § 44-233.10 — OK Code / Title 44 / Section 44-233.10
Purchase of replacement commercial funds
Status: in_force

The Oklahoma Military Department is hereby authorized to

purchase commercial vehicles to replace commercial vehicles deemed

unserviceable by the Adjutant General from funds appropriated for

maintenance operations or specially authorized and appropriated for

this purpose.
Okla. Stat. tit. 44, § 44-878 — OK Code / Title 44 / Section 44-878
Accessory after the fact
Status: in_force

ARTICLE 78. Accessory after the fact.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, knowing that an offense punishable by the Code has been

committed, receives, comforts, or assists the offender in order to

hinder or prevent his or her apprehension, trial, or punishment

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-883 — OK Code / Title 44 / Section 44-883
Malingering
Status: in_force

ARTICLE 83. Malingering.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, with the intent to avoid work, duty, or service:

1. Feigns illness, physical disablement, mental lapse, or

mental derangement; or

2. Intentionally inflicts self-injury,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-73 — OK Code / Title 44 / Section 44-73
Local commanding officer - Order into service in emergency
Status: in_force

In the event of insurrection, rebellion, invasion, tumult, riot,

resistance to law or process or breach of the peace, occurring in

the vicinity of the station of any organization or organizations of

the National Guard of Oklahoma whenever the exigencies of the

situation are such as to render it impossible first to communicate

with the Governor or the Adjutant General, the senior commanding

Oklahoma Statutes - Title 44. Militia Page 24

officer of that station, upon request in writing signed by the

sheriff of the county involved or officer acting in his stead,

stating the facts and the nature of the service desired, may order

out the organization or organizations at that station, or such

portion thereof as he shall deem necessary, and cause them to

perform such duty as the circumstances shall require, and such

commanding officers shall immediately report what he has done and

all of the circumstances of the case to the Governor, and it shall

be deemed that the action was taken by order of the Governor.
Okla. Stat. tit. 44, § 44-4326 — OK Code / Title 44 / Section 44-4326
Investigatory powers – Subpoenas – District court writs
Status: in_force

A. In any investigations pursuant to the Oklahoma Uniformed

Services Employment and Reemployment Rights Act:

1. Duly authorized representatives of the Commissioner of Labor

shall, at all reasonable times, have reasonable access to and the

right to interview persons with information relevant to an

investigation and shall have reasonable access to, for purposes of

examination, and the right to copy and receive, any documents of any

person or employer that the Commissioner considers relevant to the

investigation; and

2. The Commissioner may require by subpoena the attendance and

testimony of witnesses and the production of documents relating to

any matter under investigation. If a party disobeys a subpoena, and

upon request of the Commissioner, the district attorney with

jurisdiction in the county where the complainant resides or where

the complainant was previously assigned for duty as a state employee

immediately prior to service in the military forces may apply to

district court for an order enforcing the subpoena.

B. Upon application, district courts of the state shall have

jurisdiction to issue writs commanding any person or employer to

comply with the subpoena of the Commissioner or to comply with any

order of the Commissioner made pursuant to a lawful investigation

pursuant to the Oklahoma Uniformed Services Employment and

Reemployment Rights Act, and district courts shall have jurisdiction

to punish a party for failure to obey a subpoena or other lawful

order of the Commissioner as a contempt of court.

C. Subsections A and B of this section shall not apply to the

legislative branch or the judicial branch of the state.

Oklahoma Statutes - Title 44. Militia Page 216
Okla. Stat. tit. 44, § 44-4312 — OK Code / Title 44 / Section 44-4312
Reemployment rights and benefits
Status: in_force

A. Subject to subsections B, C and D of this section and

subject to Section 6 of this act, any person whose absence from a

position of employment is necessitated by reason of service in the

state military forces shall be entitled to the reemployment rights

and benefits and other employment benefits of the Oklahoma Uniformed

Services Employment and Reemployment Rights Act if:

1. The person, or an appropriate officer of the state military

forces in which such service is performed, has given advance written

or verbal notice of service to the person's employer;

2. The cumulative length of the absence and of all previous

absences from a position of employment with that employer by reason

of service in the Uniformed Services of the United States does not

exceed five (5) years; and

3. Except as provided in subsection F of this section, the

person reports to, or submits an application for reemployment to,

his or her employer in accordance with the provisions of subsection

E of this section.

B. No notice is required under paragraph 1 of subsection A of

this section if the giving of notice is precluded by military

necessity or, under all of the relevant circumstances, the giving of

notice is otherwise impossible or unreasonable. A determination of

military necessity for the purposes of this subsection shall be made

pursuant to the applicable regulations prescribed by the Secretary

of Defense pursuant to 38 U.S.C., Section 4312 or pursuant to

regulations prescribed by the Adjutant General and shall not be

subject to judicial review.

C. Subsection A of this section shall apply to a person who is

absent from a position of employment by reason of service in the

state military forces if his or her cumulative period of service in

the state military forces, with respect to the employer relationship

for which he or she seeks reemployment, does not exceed five (5)

years, except that any such period of service shall not include any

service:

1. That is required, beyond five (5) years, to complete an

initial period of obligated service;

Oklahoma Statutes - Title 44. Militia Page 199

2. During which the person was unable to obtain orders

releasing him or her from a period of service in the state military

forces before the expiration of the five-year period and the

inability was through no fault of the person;

3. Performed as required pursuant to 32 U.S.C., Section 502 or

503, or to fulfill additional training requirements determined and

certified in writing by the Secretary concerned, to be necessary for

professional development, or for completion of skill training or

retraining;

4. Performed by a member of the state military forces who is:

a. ordered to state active duty in support of a mission

or requirement of the state military forces,

b. ordered to or retained on Title 32 active duty under

32 U.S.C., Section 502(f), or

c. ordered to or retained on state active duty or Title

32 active duty, other than for training, under any

provision of state or federal law to execute the laws

of the state, or suppress insurrections or repel

invasions or for any state emergency declared by the

Governor or the Oklahoma Legislature, as determined by

the Adjutant General for state active duty or by the

Secretary concerned for Title 32 active duty; or

5. Performed as active duty, as defined in 10 U.S.C., Section

101(d)(1).

D. 1. An employer is not required to reemploy a person under

the Oklahoma Uniformed Services Employment and Reemployment Rights

Act if:

a. the employer's circumstances have so changed as to

make reemployment impossible or unreasonable,

b. for a person entitled to reemployment under paragraph

3 or 4 of subsection A of Section 9 of this act or

subparagraph b of paragraph 2 of subsection B of

Section 9 of this act, the employment would impose an

undue hardship on the employer, or

c. the employment from which the person leaves to serve

in the state military forces is for a brief,

nonrecurrent period and there is no reasonable

expectation that the employment will continue

indefinitely or for a significant period.

2. In any proceeding involving an issue of whether:

a. any reemployment referred to in paragraph 1 of this

subsection is impossible or unreasonable because of a

change in an employer's circumstances,

b. any accommodation, training, or effort referred to in

paragraph 3 or 4 of subsection A of Section 9 of this

act or subparagraph b of paragraph 2 of subsection B

Oklahoma Statutes - Title 44. Militia Page 200

of Section 9 of this act would impose an undue

hardship on the employer, or

c. the employment referred to in subparagraph c of

paragraph 1 of this subsection is for a brief,

nonrecurrent period and there is no reasonable

expectation that the employment will continue

indefinitely or for a significant period,

the employer shall have the burden of proving the impossibility or

unreasonableness, undue hardship, or the brief or nonrecurrent

nature of the employment without a reasonable expectation of

continuing indefinitely or for a significant period.

E. 1. Subject to paragraph 2 of this subsection, a person

referred to in subsection A of this section shall, upon the

completion of a period of service in the state military forces,

notify the employer referred to in such subsection of the person's

intent to return to a position of employment with such employer as

follows:

a. for a person whose period of service in the state

military forces was less than thirty-one (31) days, by

reporting to the employer:

(1) not later than the beginning of the first full

regularly scheduled work period on the first full

calendar day following the completion of the

period of service and the expiration of eight (8)

hours after a period allowing for the safe

transportation of the person from the place of

that service to the person's residence, or

(2) as soon as possible after the expiration of the

eight-hour period referred to in division (1) of

this subparagraph, if reporting within the period

is impossible or unreasonable through no fault of

the person,

b. for a person who is absent from a position of

employment for a period of any length for the purposes

of an examination to determine the person's fitness to

perform service in the state military forces, by

reporting in the manner and time referred to in

subparagraph a of paragraph 1 of this subsection,

c. for a person whose period of service in the state

military forces was for more than thirty (30) days but

less than one hundred eighty-one (181) days, by

submitting an application for reemployment with the

employer not later than fourteen (14) days after the

completion of the period of service or if submitting

the application within the period is impossible or

unreasonable through no fault of the person, the next

Oklahoma Statutes - Title 44. Militia Page 201

first full calendar day when submission of the

application becomes possible, or

d. for a person whose period of service in the state

military forces was for more than one hundred eighty

(180) days, by submitting an application for

reemployment with the employer not later than ninety

(90) days after the completion of the period of

service.

2. a. A person who is hospitalized for, or convalescing

from, an illness or injury incurred in, or aggravated

during, the performance of service in the state

military forces shall, at the end of the period that

is necessary for the person to recover from such

illness or injury, report to the person's employer,

for a person described in subparagraph a or b of

paragraph 1 of this subsection or submit an

application for reemployment with such employer, for a

person described in subparagraph c or d of paragraph 1

of this subsection. Except as provided in

subparagraph b of this paragraph, the period of

recovery shall not exceed two (2) years.

b. The two-year period shall be extended by the minimum

time required to accommodate the circumstances beyond

the person's control which make reporting within the

period specified in subparagraph a of this paragraph

impossible or unreasonable.

3. A person who fails to report or apply for employment or

reemployment within the appropriate period specified in this

subsection shall not automatically forfeit his or her entitlement to

the rights and benefits referred to in subsection A of this section

but shall be subject to the conduct rules, established policy, and

general practices of the employer pertaining to explanations and

discipline with respect to absence from scheduled work.

F. 1. A person who submits an application for reemployment in

accordance with subparagraph c or d of paragraph 1 of subsection E

of this section or paragraph 2 of subsection E of this section shall

provide to his or her employer, upon request of the employer,

documentation to establish that:

a. his or her application is timely,

b. he or she has not exceeded the service limitations

provided in paragraph 2 of subsection A of this

section, except as permitted under subsection C of

this section, and

c. his or her entitlement to the benefits under this act

has not been terminated pursuant to Section 6 of this

act.

Oklahoma Statutes - Title 44. Militia Page 202

2. Documentation of any matter referred to in paragraph 1 of

this subsection that satisfies regulations prescribed by the

Commissioner of Labor shall satisfy the documentation requirements

in such paragraph.

3. a. Except as provided in subparagraph b of this

paragraph, the failure of a person to provide

documentation that satisfies regulations prescribed

pursuant to paragraph 2 of this subsection shall not

be a basis for denying reemployment in accordance with

the provisions of the Oklahoma Uniformed Services

Employment and Reemployment Rights Act if the failure

occurs because such documentation does not exist or is

not readily available at the time of the request of

the employer. If, after reemployment, documentation

becomes available that establishes the person does not

meet one or more of the requirements referred to in

subparagraphs a, b and c of paragraph 1 of this

subsection, the employer of such person may terminate

the employment of the person and the provision of any

rights or benefits afforded the person under the

Oklahoma Uniformed Services Employment and

Reemployment Rights Act.

b. An employer who reemploys a person absent from a

position of employment for more than ninety (90) days

may require that the person provide the employer with

the documentation referred to in subparagraph a of

this paragraph before beginning to treat the person as

not having incurred a break in service for pension

purposes.

4. An employer shall not delay or attempt to defeat a

reemployment obligation by demanding documentation that does not

then exist or is not then readily available.

G. The right of a person to reemployment pursuant to this

section shall not entitle the person to retention, preference, or

displacement rights over any person with a superior claim under the

provisions of Title 5 of the United States Code relating to veterans

and other preference eligibles.

H. In any determination of a person's entitlement to protection

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act, the timing, frequency, and duration of his or her

training or service, or the nature of the training or service,

including voluntary service, in the state military forces shall not

be a basis for denying protection of the Oklahoma Uniformed Services

Employment and Reemployment Rights Act if the service does not

exceed the limitations set forth in subsection C of this section and

the notice requirements established in paragraph 1 of subsection A

Oklahoma Statutes - Title 44. Militia Page 203

of this section and the notification requirements established in

subsection E of this section are met.
Okla. Stat. tit. 44, § 44-235.1 — OK Code / Title 44 / Section 44-235.1
Oklahoma National Guard Museum Fund
Status: in_force

There is hereby created in the State Treasury a special fund to

be known as the "Oklahoma National Guard Museum Fund", which fund

shall consist of donations received for operation and maintenance of

the museum and monies received from the sale of Armed Forces

Veterans Motorcycle License Plates pursuant to Section 1135.5 of

Title 47 of the Oklahoma Statutes. The fund shall be a continuing

fund not subject to fiscal year limitations and shall be under the

administrative direction of the Oklahoma Military Department.

Expenditures from the fund created by this section shall be used

exclusively for expenses of operation and maintenance of the

Oklahoma National Guard Museum and shall be made pursuant to the

laws of this state and without legislative appropriation. Warrants

for expenditures from the fund shall be drawn by the State

Treasurer, based on claims signed by an authorized employee of the

department and approved for payment by the Director of the Office of

Management and Enterprise Services.
Okla. Stat. tit. 44, § 44-233.3 — OK Code / Title 44 / Section 44-233.3
Construction contracts - Sale, disposition, demolition
Status: in_force

or transfer of property - Proceeds.

A. The Adjutant General or a representative of the State of

Oklahoma is hereby authorized and directed to enter into contracts

in the name of the state for the purpose of this title and shall:

1. Result in contracts awarded to the lowest and best bidder,

approved by the Department of the Army or other representative

federal agency, and that any contractor, to whom a contract may be

awarded hereunder, shall execute with a qualified surety company,

doing business in this state, as surety, bonds in such amounts and

with such conditions as prescribed by law and by the Department of

the Army or other representative federal agency. Such bonds shall

be upon a form with such conditions and in such amounts as may meet

the requirements of the representative federal agency and in such

further amounts as willfully protect and cover the construction

contributions of the state;

2. Assure that any contracts requiring federal funds are

awarded in the same federal fiscal year of appropriation by

Congress;

3. Result in full compliance with federal military construction

standards; and

4. Result in full compliance with all state building codes.

B. The Adjutant General is authorized to sell or dispose of

property and improvements thereon. The Adjutant General is

authorized to demolish structures owned or controlled by the

Military Department. The Adjutant General may transfer title to any

property and improvements thereon to a municipality, county, state

agency, or other public or non-profit entity. The Oklahoma Military

Department shall be exempt from the Oklahoma Surplus Property Act

for purposes of selling surplus property. Necessary deeds and other

conveyances shall be executed by the Adjutant General in the name of

the State of Oklahoma.

Proceeds of the sale or other disposition of such property shall

be deposited in a revolving fund in the State Treasury designated as

the Surplus Property Revolving Fund of the Oklahoma Military

Department. Monies deposited in such revolving fund may be expended

Oklahoma Statutes - Title 44. Militia Page 43

by the Adjutant General, for construction, repairs, and maintenance,

or equipment for facilities of the Oklahoma National Guard.
Okla. Stat. tit. 44, § 44-233.14 — OK Code / Title 44 / Section 44-233.14
Military Justice Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Military Department to be designated the "Military

Justice Revolving 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 of

prosecuting military misconduct as needed. 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.
Okla. Stat. tit. 44, § 44-45 — OK Code / Title 44 / Section 44-45
Oath of commissioned officers
Status: in_force

Oath for National Guard Officers. Each commissioned officer,

before entering upon the duties of his office, shall take and

subscribe to the following oath, or such other oath as may be

required by National Guard Regulations:

the Constitution of the United States and the Constitution of the

Oklahoma Statutes - Title 44. Militia Page 21

State of Oklahoma against all enemies, foreign and domestic; that I

will bear true faith and allegiance to the same; that I will obey

the orders of the President of the United States and the Governor of

the State of Oklahoma; that I make this obligation freely, without

any mental reservation or purpose of evasion, and that I will well

National Guard of the United States and the State of Oklahoma upon

which I am about to enter, so help me God."
Okla. Stat. tit. 44, § 44-933 — OK Code / Title 44 / Section 44-933
Conduct unbecoming an officer and a gentleman
Status: in_force

ARTICLE 133. Conduct unbecoming an officer and a gentleman.

Any commissioned officer, cadet, or officer candidate who is

convicted of conduct unbecoming an officer and a gentleman shall be

punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-4300 — OK Code / Title 44 / Section 44-4300
Short title - Oklahoma Uniformed Services Employment and
Status: in_force

Reemployment Rights Act.

Sections 2 through 24 of this act shall be known and may be

cited as the "Oklahoma Uniformed Services Employment and

Reemployment Rights Act". The Oklahoma Uniformed Services

Employment and Reemployment Rights Act shall be applicable to

members of the state military forces while serving on state active

duty or Title 32 active duty. "State military forces", "state

active duty" and "Title 32 active duty", for the purposes of the

Oklahoma Uniformed Services Employment and Reemployment Rights Act,

shall be defined in accordance with Section 801 of Title 44 of the

Oklahoma Statutes.
Okla. Stat. tit. 44, § 44-832 — OK Code / Title 44 / Section 44-832
Preliminary hearing required before referral to general
Status: in_force

court-martial.

ARTICLE 32. Preliminary hearing required before referral to

general court-martial.

A. In general.

1. a. Except as provided in subparagraph b of this

paragraph, a preliminary hearing shall be held before

referral of charges and specifications for trial by

general court-martial. The preliminary hearing shall

be conducted by an impartial hearing officer, detailed

by the convening authority in accordance with

subsection B of this section.

b. Under regulations promulgated by the Adjutant General,

a preliminary hearing need not be held if the accused

submits a written waiver to the convening authority

and the convening authority determines that a hearing

is not required.

2. The purpose of the preliminary hearing shall be limited to

determining the following:

Oklahoma Statutes - Title 44. Militia Page 92

a. whether or not the specification alleges an offense

under the Oklahoma Uniform Code of Military Justice,

b. whether or not there is probable cause to believe that

the accused committed the offense charged,

c. whether or not the convening authority has court-

martial jurisdiction over the accused and over the

offense, and

d. a recommendation as to the disposition that should be

made of the case.

B. Hearing officer.

1. A preliminary hearing under this section shall be conducted

by an impartial hearing officer, who shall be a judge advocate who

is certified under paragraph 2 of subsection B of Section 827 of

this title (Article 27, subsection B, paragraph 2).

2. Whenever practicable, the hearing officer shall be equal in

grade or senior in grade to military counsel who are detailed to

represent the accused or the government at the preliminary hearing.

C. Report to convening authority. After a preliminary hearing

under this section, the hearing officer shall submit to the

convening authority a written report, accompanied by a recording of

the preliminary hearing as required under subsection E of this

section, that includes the following:

1. For each specification, a statement of the reasoning and

conclusions of the hearing officer with respect to determinations

under paragraph 2 of subsection A of this section, including a

summary of relevant witness testimony and documentary evidence

presented at the hearing and any observations of the hearing officer

concerning the testimony of witnesses and the availability and

admissibility of evidence at trial;

2. Recommendations for any necessary modifications to the form

of the charges or specifications;

3. An analysis of any additional information submitted after

the hearing by the parties or by a victim of an offense that, under

such rules as the Adjutant General may promulgate, is relevant to

disposition under Sections 830 and 834 of this title (Articles 30

and 34); and

4. A statement of action taken on evidence adduced with respect

to uncharged offenses, as described in subsection F of this section.

D. Rights of accused.

1. The accused shall be advised of the charges against the

accused and of the accused's right to be represented by counsel at

the preliminary hearing under this section. The accused has the

right to be represented at the preliminary hearing as provided in

Section 838 of this title (Article 38) and in regulations prescribed

under that article.

2. The accused may cross-examine witnesses who testify at the

preliminary hearing and present additional evidence that is relevant

Oklahoma Statutes - Title 44. Militia Page 93

to the issues for determination under paragraph 2 of subsection A of

this section.

3. The presentation of evidence and examination, including

cross-examination, of witnesses at a preliminary hearing shall be

limited to the matters relevant to determinations under paragraph 2

of subsection A of this section.

E. Effect of evidence of uncharged offense. If evidence

adduced in a preliminary hearing conducted under subsection A of

this section indicates that the accused committed an uncharged

offense, the hearing officer may consider the subject matter of that

offense without the accused having first been charged with the

offense if the accused:

1. Is present at the preliminary hearing;

2. Is informed of the nature of each uncharged offense

considered; and

3. Is afforded the opportunities for representation, cross-

examination, and presentation consistent with subsection D of this

section.

F. Effect of violation. The requirements of this section are

binding on all persons administering the Code, but failure to follow

the requirements does not constitute jurisdictional error. A defect

in a report under subsection C of this section is not a basis for

relief if the report is in substantial compliance with subsection C

of this section.
Okla. Stat. tit. 44, § 44-27 — OK Code / Title 44 / Section 44-27
Compensation of personnel
Status: in_force

The Adjutant General and Assistant Adjutants General shall be

paid a sum equivalent to the pay of his/her federally recognized

rank, exclusive of allowances. Other officers and enlisted men and

employees of the Department shall be paid in amounts fixed by the

Adjutant General and within amounts appropriated for that purpose.
Okla. Stat. tit. 44, § 44-862 — OK Code / Title 44 / Section 44-862
Appeal by the State of Oklahoma
Status: in_force

ARTICLE 62. Appeal by the State of Oklahoma.

A. 1. In a trial by general or special court-martial, or in a

pretrial proceeding under Section 830A of this title (Article 30A),

the State of Oklahoma may appeal the following:

Oklahoma Statutes - Title 44. Militia Page 125

a. an order or ruling of the military judge which

terminates the proceedings with respect to a charge or

specification,

b. an order or ruling which excludes evidence that is

substantial proof of a fact material in the

proceeding,

c. an order or ruling which directs the disclosure of

classified or confidential information,

d. an order or ruling which imposes sanctions for

nondisclosure of classified or confidential

information,

e. a refusal of the military judge to issue a protective

order sought by the State of Oklahoma to prevent the

disclosure of classified or confidential information,

f. a refusal by the military judge to enforce an order

described in subparagraph e of this paragraph that has

previously been issued by appropriate authority, and

g. an order or ruling of the military judge entering a

finding of not guilty with respect to a charge or

specification following the return of a finding of

guilty by the members.

2. a. An appeal of an order or ruling may not be taken

unless the trial counsel provides the military judge

with written notice of appeal from the order or ruling

within seventy-two (72) hours of the order or ruling.

Such notice shall include a certification by the trial

counsel that the appeal is not taken for the purpose

of delay and (if the order or ruling appealed is one

which excludes evidence) that the evidence excluded is

substantial proof of a fact material in the

proceeding.

b. An appeal of an order or ruling may not be taken when

prohibited by Section 844 of this title (Article 44).

3. An appeal under this section shall be diligently prosecuted

by appellate government counsel.

B. An appeal under this section shall be forwarded by a means

prescribed under regulations of the Adjutant General directly to the

Military Court of Appeals and shall, whenever practicable, have

priority over all other proceedings before that court. In ruling on

an appeal under this section, the Military Court of Appeals may act

only with respect to matters of law.

C. Any period of delay resulting from an appeal under this

section shall be excluded in deciding any issue regarding denial of

a speedy trial unless an appropriate authority determines that the

appeal was filed solely for the purpose of delay with the knowledge

that it was totally frivolous and without merit.

Oklahoma Statutes - Title 44. Militia Page 126

D. The provisions of this section shall be liberally construed

to effect its purposes.
Okla. Stat. tit. 44, § 44-272 — OK Code / Title 44 / Section 44-272
Oklahoma National Guard Supplemental Retirement Pay
Status: in_force

Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Military Department to be designated the "Oklahoma

National Guard Supplemental Retirement Pay Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Oklahoma Military Department from funds provided 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 of implementing the provisions of Section 18 of this act.

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.
Okla. Stat. tit. 44, § 44-940A — OK Code / Title 44 / Section 44-940A
Precedence of regulations
Status: in_force

ARTICLE 140A. Precedence of regulations.

When both the Governor and Adjutant General are authorized under

the Oklahoma Uniform Code of Military Justice to promulgate

regulations governing the same matter, if such regulations conflict,

the regulations promulgated by the Governor shall take precedence.
Okla. Stat. tit. 44, § 44-893 — OK Code / Title 44 / Section 44-893
Cruelty and maltreatment
Status: in_force

ARTICLE 93. Cruelty and maltreatment.

Any person subject to the Oklahoma Uniform Code of Military

Justice who is guilty of cruelty toward, or oppression or

maltreatment of, any person subject to his or her orders shall be

punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-4315 — OK Code / Title 44 / Section 44-4315
State agency or political subdivision procedures for
Status: in_force

ensuring rights apply to employees.

A. The administrator of each state agency or political

subdivision shall prescribe procedures for ensuring that the rights

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act apply to the employees of the state agency or political

subdivision.

B. In prescribing procedures pursuant to subsection A of this

section, the administrator shall ensure, to the maximum extent

practicable, that the procedures of the state agency or political

subdivision for reemploying persons who serve in the state military

forces provide for the reemployment of such persons in the state

agency or political subdivision in a manner similar to the manner of

reemployment described in Section 9 of this act.

C. 1. The procedures prescribed in subsection A of this

section shall designate an employee at the state agency or political

subdivision who shall determine whether or not the reemployment of a

person referred to in subsection B of this section by the state

agency or political subdivision is impossible or unreasonable.

2. Upon making a determination that the reemployment is

impossible or unreasonable, the official designated in paragraph 1

of this subsection shall notify the person seeking reemployment and

the Director of Human Capital Management of the Office of Management

and Enterprise Services of such determination.

3. A determination made pursuant to this subsection shall not

be subject to judicial review.

4. The administrator of each state agency or political

subdivision shall submit to the Committee on Veterans and Military

Affairs of the Oklahoma House of Representatives and the Committee

on Veterans and Military Affairs of the Oklahoma State Senate by

December 31 of each year a report on the number of persons whose

reemployment with the state agency or political subdivision was

determined under this subsection to be impossible or unreasonable

during the year preceding the report, including the reason for each

determination. In the event such determination is not made within

Oklahoma Statutes - Title 44. Militia Page 207

the preceding reporting period, no report shall be required pursuant

to this paragraph.

D. 1. Except as provided in this section, nothing in this

section or Section 9 of this act shall be construed to exempt any

state agency or political subdivision referred to in subsection A of

this section from compliance with any other substantive provision of

the Oklahoma Uniformed Services Employment and Reemployment Rights

Act.

2. This section shall not be construed as prohibiting:

a. an employee of a state agency or political subdivision

from seeking information from the Commissioner of

Labor regarding assistance in pursuing reemployment

from the state agency or political subdivision under

the Oklahoma Uniformed Services Employment and

Reemployment Rights Act, alternative employment in the

state government under the Oklahoma Uniformed Services

Employment and Reemployment Rights Act, or information

relating to the rights and obligations of employees

and state agencies, political subdivisions or their

instrumentalities under the Oklahoma Uniformed

Services Employment and Reemployment Rights Act, or

b. such a state agency or political subdivision from

voluntarily cooperating with or seeking assistance in

or clarification from the Commissioner of Labor or the

Director of Human Capital Management of the Office of

Management and Enterprise Services for any matter

arising under the Oklahoma Uniformed Services

Employment and Reemployment Rights Act.

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

Management and Enterprise Services shall ensure the offer of

employment to a person in a position in a state agency on the basis

described in subsection B of this section if:

1. The person was an employee of a state agency or political

subdivision at the time he or she entered the state military forces

from which the person seeks reemployment under this section;

2. The appropriate officer of the state agency or political

subdivision determines under subsection C of this section that

reemployment of the person by the state agency or political

subdivision is impossible or unreasonable; and

3. The person submits an application to the Director of Human

Capital Management of the Office of Management and Enterprise

Services for an offer of employment pursuant to this section.
Okla. Stat. tit. 44, § 44-858D — OK Code / Title 44 / Section 44-858D
Parole
Status: in_force

ARTICLE 58D. Parole.

The system of parole established pursuant to Section 10 of

Article VI of the Oklahoma Constitution and Titles 22 and 57 of the

Oklahoma Statutes shall be applicable to any person in any place of

confinement under the control of the state military forces or in any

penal or correctional institution used or under the control of the

Oklahoma Department of Corrections when such person is in

confinement as a result of a sentence adjudged by a court-martial

conducted by the state military forces.
Okla. Stat. tit. 44, § 44-931C — OK Code / Title 44 / Section 44-931C
Misprision of serious offense
Status: in_force

ARTICLE 131C. Misprision of serious offense.

Any person subject to the Oklahoma Uniform Code of Military

Justice:

1. Who knows that another person has committed a serious

offense; and

Oklahoma Statutes - Title 44. Militia Page 171

2. Wrongfully conceals the commission of the offense and fails

to make the commission of the offense known to civilian or military

authorities as soon as possible,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-823 — OK Code / Title 44 / Section 44-823
Who may convene special courts-martial
Status: in_force

ARTICLE 23. Who may convene special courts-martial.

A. Special courts-martial may be convened by:

1. Any person who may convene a general court-martial;

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

state military forces;

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

state military forces; or

4. Any other commanding officer designated by the Adjutant

General.

Oklahoma Statutes - Title 44. Militia Page 82

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, § 44-897 — OK Code / Title 44 / Section 44-897
Unlawful detention
Status: in_force

ARTICLE 97. Unlawful detention.

Any person subject to the Oklahoma Uniform Code of Military

Justice who, except as provided by law, apprehends, arrests, or

confines any person shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-245 — OK Code / Title 44 / Section 44-245
Persons not to be commissioned or enlisted
Status: in_force

No person shall be commissioned or enlisted in such forces who

has been expelled or dishonorably discharged from any military

organization of this state, or of another state, or of the United

States.
Okla. Stat. tit. 44, § 44-229 — OK Code / Title 44 / Section 44-229
Authorizing to order National Guard beyond borders of
Status: in_force

state - Law governing - Jurisdiction.

The Governor is authorized to order the National Guard, or any

part thereof, beyond the borders of the state, for the purpose of

participating in any encampment, maneuvers or field instruction and

for such other training or service as may be required or authorized

under state or federal law. Whenever the National Guard, or any

part thereof, is so ordered beyond the borders of the state, the

members thereof shall remain subject to the military laws and

regulations of the state, and the military courts of this state

shall have jurisdiction over any offense which is committed against

the military laws or regulations of the state by any member of the

National Guard while in service beyond the borders of the state, and

the military courts of the state are authorized to function beyond

the borders of this state, whenever the National Guard is ordered

beyond the borders of the state. Provided, that any imprisonment

imposed while a unit is out of the State of Oklahoma shall be served

under the supervision of said unit. And, provided further, that if

said period of imprisonment extends beyond the date of the return of

said unit to the State of Oklahoma that the balance of such

imprisonment shall be served in accordance with Section 858 of this

title (Article 58).
Okla. Stat. tit. 44, § 44-43 — OK Code / Title 44 / Section 44-43
Eligibility as commissioned officers - Qualifications
Status: in_force

No person shall be commissioned as an officer of the National

Guard who is under the age of eighteen (18) years and is not

temperate and of good morals, and unless he or she shall have

successfully passed such tests as to his or her physical, mental,

and professional fitness as may be prescribed by the laws and

regulations applicable to the federally recognized National Guard.
Okla. Stat. tit. 44, § 44-232.2 — OK Code / Title 44 / Section 44-232.2
Use and operation
Status: in_force

The Adjutant General shall promulgate rules and regulations for

the use and operation of armories, buildings, and other facilities

under control of the Military Department. The Adjutant General is

authorized to expend monies for the sustainment, restoration, and

modernization of facilities.

1. "Sustainment" means work required to maintain and preserve a

real property facility, that it may be effectively used for its

designated functional purpose. Sustainment includes maintenance and

repair work.

2. "Restoration" means work that brings a facility to such a

condition that it may effectively be used for its designed purposes.

Restoration may also be work that restores or replaces facilities

damaged by lack of sustainment, excessive age, natural disaster,

fire, accident or other causes. Restoration includes repair and

construction work.

Oklahoma Statutes - Title 44. Militia Page 41

3. "Modernization" means any modification to an existing

facility or new construction necessitated not by maintenance but

solely to implement new or higher standards, to accommodate new

functions or missions or to replace building components lasting more

than fifty (50) years. Modernization includes construction and

repair work.
Okla. Stat. tit. 44, § 44-812 — OK Code / Title 44 / Section 44-812
Prohibition of confinement of members of the state military forces with enemy prisoners
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 5military forces with enemy prisoners and certain others.

Oklahoma Statutes - Title 44. Militia Page 72

ARTICLE 12. Prohibition of confinement of members of the state

military forces with enemy prisoners and certain others.

No member of the state military forces shall be placed in

confinement in immediate association with:

1. Enemy prisoners; or

2. Other individuals:

a. who are detained under the law of war and are foreign

nationals, and

b. who are not members of the armed forces.
Okla. Stat. tit. 44, § 44-808 — OK Code / Title 44 / Section 44-808
Warrant of arrest, issuance, contents, service
Status: in_force

ARTICLE 8. Warrant of arrest, issuance, contents, service.

A. A warrant of arrest for the purposes of securing the

presence of an accused at any court-martial proceedings or in

execution of a sentence of confinement may be issued by a general or

special court-martial convening authority.

B. The warrant issued under this section shall:

Oklahoma Statutes - Title 44. Militia Page 70

1. Be in writing and in the name of the State of Oklahoma;

2. State the date when issued and the municipality or county

where issued;

3. State the name and rank of the person to be arrested;

4. State the offense charged against the person to be arrested;

5. Command that the person against whom the complaint was made

be arrested, conducted to a designated civil or military facility

under the control of the state or federal government, placed in

custody as directed, and booked;

6. Be signed by an authorized officer of the armed forces of

this state; and

7. Specify the amount of bail.

C. The warrant shall be directed to all peace officers in the

state or federal government and the provost marshal of the Oklahoma

National Guard. Such officers shall have the power and authority to

conduct the arrested person to the designated facility without

regard to territorial jurisdiction.
Okla. Stat. tit. 44, § 44-115 — OK Code / Title 44 / Section 44-115
Bond of officers accountable for or receiving military
Status: in_force

property.

Each officer to whom there shall be issued, or who shall be

accountable for arms, equipment, uniform, and any other state or

United States property for military uses, or who shall have the

control, custody, or disbursement of funds as provided for in this

code shall, before the delivery to him of such arms, equipment,

uniform, and other state or United States property, and the receipt

of such funds, execute and deliver to the Adjutant General a surety

bond therefor, with sureties to be approved by the Governor, and

payable to the state, in such amount as may be fixed by the

Governor, conditioned for the proper care, use and return in good

order, wear, use and unavoidable loss and damage excepted, of all

such state and United States property, and the proper care and

faithful disbursement and accounting of all funds coming into the

hands of such officer. Upon the violation of any of the conditions

of such bond, action thereon shall be brought by the Attorney

General on behalf of the state, and any recovery thereon shall be

credited to the Guard Funds of the state. It shall be the duty of

the Attorney General of the state to prosecute all actions upon such

bonds.
Okla. Stat. tit. 44, § 44-924 — OK Code / Title 44 / Section 44-924
Frauds against the government
Status: in_force

ARTICLE 124. Frauds against the government.

Any person subject to the Oklahoma Uniform Code of Military

Justice:

1. Who, knowing it to be false or fraudulent:

a. makes any claim against the United States, the State

of Oklahoma, or any officer thereof, or

b. presents to any person in the civil or military

service thereof, for approval or payment, any claim

against the United States, the State of Oklahoma, or

any officer thereof;

2. Who, for the purpose of obtaining the approval, allowance,

or payment of any claim against the United States, the State of

Oklahoma, or any officer thereof:

a. makes or uses any writing or other paper knowing it to

contain any false or fraudulent statements,

b. makes any oath, affirmation or certification to any

fact or to any writing or other paper knowing the

oath, affirmation or certification to be false, or

c. forges or counterfeits any signature upon any writing

or other paper, or uses any such signature knowing it

to be forged or counterfeited;

3. Who, having charge, possession, custody, or control of any

money, or other property of the United States or the State of

Oklahoma, furnished or intended for the Armed Forces of the United

States or the state military forces, knowingly delivers to any

person having authority to receive it, any amount thereof less than

that for which he or she receives a certificate or receipt; or

4. Who, being authorized to make or deliver any paper

certifying the receipt of any property of the United States or the

State of Oklahoma, furnished or intended for the Armed Forces of the

Oklahoma Statutes - Title 44. Militia Page 167

United States or the state military forces, makes or delivers to any

person such writing without having full knowledge of the truth of

the statements therein contained and with intent to defraud the

United States or the State of Oklahoma,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-301A — OK Code / Title 44 / Section 44-301A
Base Infrastructure Needs and Development — Schools
Status: in_force

Revolving Fund — Schools 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 - Schools Revolving Fund",

which may also be cited as "BIND – Schools 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 – Schools

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

The Department shall utilize funds from the BIND – Schools Fund

created in subsection A of this section, alone or in combination

with other available funding, to make infrastructure investments,

Oklahoma Statutes - Title 44. Militia Page 56

including, but not limited to, new construction, improving common

education facilities located on military bases in this state, 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, § 44-806B — OK Code / Title 44 / Section 44-806B
Rights of the victim of an offense under the Oklahoma
Status: in_force

Uniform Code of Military Justice.

ARTICLE 6B. Rights of the victim of an offense under the

Oklahoma Uniform Code of Military Justice.

A. A victim of an offense under the Oklahoma Uniform Code of

Military Justice has the following rights:

1. The right to be reasonably protected from the accused;

2. The right to reasonable, accurate and timely notice of any

of the following:

a. a public hearing concerning the continuation of

confinement prior to trial of the accused,

b. a preliminary hearing under Section 832 of this title

(Article 32) relating to the offense,

Oklahoma Statutes - Title 44. Militia Page 68

c. a court-martial relating to the offense,

d. a public proceeding of the parole board relating to

the offense, and

e. the release or escape of the accused;

3. The right not to be excluded from any public hearing or

proceeding described in paragraph 2 of this subsection unless the

military judge or preliminary hearing officer, as applicable, after

receiving clear and convincing evidence, determines that testimony

by the victim of an offense under the Code would be materially

altered if the victim heard other testimony at that hearing or

proceeding;

4. The right to be reasonably heard at any of the following:

a. a public hearing concerning the continuation of

confinement prior to trial of the accused,

b. a sentencing hearing relating to the offense, and

c. a public proceeding of the parole board relating to

the offense;

5. The reasonable right to confer with the counsel representing

the government at any proceeding described in paragraph 2 of this

subsection;

6. The right to receive restitution as provided in law;

7. The right to proceedings free from unreasonable delay; and

8. The right to be treated with fairness and with respect for

the dignity and privacy of the victim of an offense under the Code.

B. In this section, the term "victim of an offense under the

Code" means an individual who has suffered direct physical,

emotional, or pecuniary harm as a result of the commission of an

offense under the Oklahoma Uniform Code of Military Justice.

C. Nothing in this section shall be construed:

1. To authorize a cause of action for damages; or

2. To create, to enlarge, or to imply any duty or obligation to

any victim of an offense under the Code or other person for the

breach of which the State of Oklahoma or any of its officers or

employees could be held liable in damages.

D. Enforcement by Military Court of Appeals.

1. If the victim of an offense under the Code believes that a

preliminary hearing ruling under Section 832 of this title (Article

32) or a court-martial ruling violates the rights of the victim

afforded by paragraph 4 of subsection A of this section, the victim

may petition the Military Court of Appeals for a writ of mandamus to

require the preliminary hearing officer or the court-martial to

comply with the provisions of paragraph 4 of subsection A of this

section.

2. If the victim of an offense under the Code is subject to an

order to submit to a deposition, notwithstanding the availability of

the victim to testify at the court-martial trying the accused for

Oklahoma Statutes - Title 44. Militia Page 69

the offense, the victim may petition the Military Court of Appeals

for a writ of mandamus to quash such order.

3. A petition for a writ of mandamus described in this

subsection shall be forwarded directly to the Military Court of

Appeals, by such means as may be prescribed by regulations

promulgated by the Adjutant General, and, to the extent practicable,

shall have priority over all other proceedings before the court.

4. Paragraph 1 of this subsection applies with respect to the

protections afforded by the following:

a. this section,

b. Section 832 (Article 32) of the Code,

c. Military Rule of Evidence 412, relating to the

admission of evidence regarding a victim's sexual

background,

d. Military Rule of Evidence 513, relating to the

psychotherapist-patient privilege,

e. Military Rule of Evidence 514, relating to the victim

advocate-victim privilege, and

f. Military Rule of Evidence 615, relating to the

exclusion of witnesses.
Okla. Stat. tit. 44, § 44-247 — OK Code / Title 44 / Section 44-247
Term of enlistment - Oath upon enlistment
Status: in_force

No person shall be enlisted for more than one (1) year, but such

enlistment may be renewed. The oath to be taken upon enlistment in

such forces shall be substantially in the form prescribed for

enlisted members of the National Guard, substituting the words

"Oklahoma State Guard" where necessary.
Okla. Stat. tit. 44, § 44-232.4 — OK Code / Title 44 / Section 44-232.4
Rules and regulations for use and oversight of
Status: in_force

facilities.

The Adjutant General or a representative may establish and

proscribe by policy the applicable rules and regulations for the use

and operation, management, rental, and fiscal oversight for

facilities owned or controlled by the Military Department.
Okla. Stat. tit. 44, § 44-917A — OK Code / Title 44 / Section 44-917A
Wrongful broadcast or distribution of intimate visual
Status: in_force

images.

ARTICLE 117A. Wrongful broadcast or distribution of intimate

visual images.

A. Prohibition. Any person subject to the Oklahoma Uniform

Code of Military Justice:

1. Who knowingly and wrongfully broadcasts or distributes an

intimate visual image of another person or a visual image of

sexually explicit conduct involving a person who:

a. is at least eighteen (18) years of age at the time the

intimate visual image or visual image of sexually

explicit conduct was created,

b. is identifiable from the intimate visual image or

visual image of sexually explicit conduct itself, or

from information displayed in connection with the

intimate visual image or visual image of sexually

explicit conduct, and

c. does not explicitly consent to the broadcast or

distribution of the intimate visual image or visual

image of sexually explicit conduct;

2. Who knows or reasonably should have known that the intimate

visual image or visual image of sexually explicit conduct was made

under circumstances in which the person depicted in the intimate

visual image or visual image of sexually explicit conduct retained a

reasonable expectation of privacy regarding any broadcast or

distribution of the intimate visual image or visual image of

sexually explicit conduct;

3. Who knows or reasonably should have known that the broadcast

or distribution of the intimate visual image or visual image of

sexually explicit conduct is likely:

a. to cause harm, harassment, intimidation, emotional

distress, or financial loss for the person depicted in

the intimate visual image or visual image of sexually

explicit conduct, or

b. to harm substantially the depicted person with respect

to that person's health, safety, business, calling,

career, financial condition, reputation, or personal

relationships; and

4. Whose conduct, under the circumstances, had a reasonably

direct and palpable connection to a military mission or military

environment,

Oklahoma Statutes - Title 44. Militia Page 160

is guilty of wrongful distribution of intimate visual images or

visual images of sexually explicit conduct and shall be punished as

a court-martial may direct.

B. Definitions. In this section:

1. Broadcast. The term "broadcast" means to electronically

transmit a visual image with the intent that it be viewed by a

person or persons;

2. Distribute. The term "distribute" means to deliver to the

actual or constructive possession of another person, including

transmission by mail or electronic means;

3. Intimate visual image. The term "intimate visual image"

means a visual image that depicts a private area of a person;

4. Private area. The term "private area" means the naked or

underwear-clad genitalia, anus, buttocks, or female areola or

nipple;

5. Reasonable expectation of privacy. The term "reasonable

expectation of privacy" means circumstances in which a reasonable

person would believe that a private area of the person, or sexually

explicit conduct involving the person, would not be visible to the

public;

6. Sexually explicit conduct. The term "sexually explicit

conduct" means actual or simulated genital-genital contact, oral-

genital contact, anal-genital contact, or oral-anal contact, whether

between persons of the same or opposite sex, bestiality,

masturbation, or sadistic or masochistic abuse; and

7. Visual image. The term "visual image" means the following:

a. any developed or undeveloped photograph, picture,

film, or video,

b. any digital or computer image, picture, film, or video

made by any means, including those transmitted by any

means, including streaming media, even if not stored

in a permanent format, or

c. any digital or electronic data capable of conversion

into a visual image.
Okla. Stat. tit. 44, § 44-859 — OK Code / Title 44 / Section 44-859
Error of law - Lesser included offense
Status: in_force

ARTICLE 59. Error of law - lesser included offense.

A. A finding or sentence of court-martial may not be held

incorrect on the ground of an error of law unless the error

materially prejudices the substantial rights of the accused.

B. Any reviewing authority with the power to approve or affirm

a finding of guilty may approve or affirm, instead, so much of the

finding as includes a lesser included offense.
Okla. Stat. tit. 44, § 44-906A — OK Code / Title 44 / Section 44-906A
Wearing unauthorized insignia, decoration, badge, ribbon,
Status: in_force

device, or lapel button.

ARTICLE 106A. Wearing unauthorized insignia, decoration, badge,

ribbon, device, or lapel button.

Any person subject to the Oklahoma Uniform Code of Military

Justice:

1. Who is not authorized to wear an insignia, decoration,

badge, ribbon, device, or lapel button; and

2. Who wrongfully wears such insignia, decoration, badge,

ribbon, device, or lapel button upon the person's uniform or

civilian clothing,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-904 — OK Code / Title 44 / Section 44-904
Public records offenses
Status: in_force

Oklahoma Statutes - Title 44. Militia Page 153

ARTICLE 104. Public records offenses.

Any person subject to the Oklahoma Uniform Code of Military

Justice who willfully and unlawfully alters, conceals, removes,

mutilates, obliterates, destroys, or takes with the intent to alter,

conceal, remove, mutilate, obliterate, or destroy, a certain public

record, and whose conduct, under the circumstances, was to the

prejudice of good order and discipline in the armed forces or was of

a nature to bring discredit upon the armed forces, shall be punished

as a court-martial may direct.
Okla. Stat. tit. 44, § 44-112 — OK Code / Title 44 / Section 44-112
Suits for recovery of property
Status: in_force

Suits for the recovery of any property mentioned in this code or

for the value thereof of damages thereto, may be brought in any

court of competent jurisdiction in this state in the name of the

State of Oklahoma, and the Attorney General of the state is directed

to file such suits, upon the request of the Adjutant General, for

the recovery of such property as he (the Attorney General) may deem

advisable.
Okla. Stat. tit. 44, § 44-860A — OK Code / Title 44 / Section 44-860A
Limited authority to act on sentence in specified
Status: in_force

posttrial circumstances.

ARTICLE 60A. Limited authority to act on sentence in specified

posttrial circumstances.

A. In general.

1. The convening authority of a general or special court-

martial described in paragraph 2 of this subsection:

a. may act on the sentence of the court-martial only as

provided in subsection B, C or D of this section, and

b. may not act on the findings of the court-martial.

2. The courts-martial referred to in paragraph 1 of this

subsection are the following:

a. a general or special court-martial in which the

maximum sentence of confinement established under

subsection A of Section 856 of this title (Article 56,

subsection A) for any offense of which the accused is

found guilty is more than two (2) years,

b. a general or special court-martial in which the total

of the sentences of confinement imposed, running

consecutively, is more than six (6) months, and

c. a general or special court-martial in which the

sentence imposed includes a dismissal, dishonorable

discharge, or bad-conduct discharge.

3. Except as provided in subsection D of this section, the

convening authority may act under this section only before entry of

judgment.

4. Under regulations prescribed by the Adjutant General, a

commissioned officer commanding for the time being, a successor in

command, or any person exercising general court-martial jurisdiction

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

B. Reduction, commutation, and suspension of sentences

generally.

1. Except as provided in subsection C or D of this section, the

convening authority may not reduce, commute, or suspend any of the

following sentences:

Oklahoma Statutes - Title 44. Militia Page 121

a. a sentence of confinement, if the total period of

confinement imposed for all offenses involved, running

consecutively, is greater than six (6) months, and

b. a sentence of dismissal, dishonorable discharge, or

bad-conduct discharge.

2. The convening authority may reduce, commute, or suspend any

sentence not specified in paragraph 1 of this subsection.

C. Suspension of certain sentences upon recommendation of

military judge.

1. Upon recommendation of the military judge, as included in

the Statement of Trial Results, together with an explanation of the

facts supporting the recommendation, the convening authority may

suspend:

a. a sentence of confinement, in whole or in part, or

b. a sentence of dismissal, dishonorable discharge, or

bad-conduct discharge.

2. The convening authority may not, under paragraph 1 of this

subsection:

a. suspend a mandatory minimum sentence, or

b. suspend a sentence to an extent in excess of the

suspension recommended by the military judge.

D. Reduction of sentence for substantial assistance by accused.

1. Upon a recommendation by the trial counsel, if the accused,

after sentencing and before entry of judgment, provides substantial

assistance in the investigation or prosecution of another person,

the convening authority may reduce, commute, or suspend a sentence,

in whole or in part, including any mandatory minimum sentence.

2. Upon a recommendation by a trial counsel, designated in

accordance with regulations prescribed by the Adjutant General, if

the accused, after entry of judgment, provides substantial

assistance in the investigation or prosecution of another person, a

convening authority, designated under such regulations, may reduce,

commute, or suspend a sentence, in whole or in part, including any

mandatory minimum sentence.

3. In evaluating whether the accused has provided substantial

assistance under this subsection, the convening authority may

consider the presentence assistance of the accused.

E. Submissions by accused and victim.

1. In accordance with regulations prescribed by the Adjutant

General, in determining whether to act under this section, the

convening authority shall consider matters submitted in writing by

the accused or any victim of an offense. Such rules shall include:

a. procedures for notice of the opportunity to make such

submissions,

b. the deadlines for such submissions, and

c. procedures for providing the accused and any victim of

an offense with a copy of the recording of any open

Oklahoma Statutes - Title 44. Militia Page 122

sessions of the court-martial and copies of, or access

to, any admitted, unsealed exhibits.

2. The convening authority shall not consider under this

section any submitted matters that relate to the character of a

victim unless such matters were presented as evidence at trial and

not excluded at trial.

F. Decision of convening authority.

1. The decision of the convening authority under this section

shall be forwarded to the military judge, with copies provided to

the accused and to any victim of the offense.

2. If, under this section, the convening authority reduces,

commutes, or suspends the sentence, the decision of the convening

authority shall include a written explanation of the reasons for

such action.

3. If, under paragraph 2 of subsection D of this section, the

convening authority reduces, commutes, or suspends the sentence, the

decision of the convening authority shall be forwarded to the

military judge for appropriate modification of the entry of

judgment, which shall be transmitted to the State Judge Advocate for

appropriate action.
Okla. Stat. tit. 44, § 44-48 — OK Code / Title 44 / Section 44-48
Discharge of enlisted men
Status: in_force

Enlisted men discharged from service in the National Guard of

this state shall receive a discharge in writing in such form and

with such classification as is or shall be prescribed by National

Guard regulations, and in time of peace discharges may be given

prior to the expiration of terms of enlistment in the following

cases:

By sentence of a general court-martial; by direction of the

Governor on account of disability; on account of sentence of

imprisonment by a civil court whether suspended or not; on account

of a bona fide permanent change of residence to another state; and

for the purpose of enlisting in regular Army, Air Force, Navy, or

Marine Corps, and for such other causes as may be prescribed by

National Guard regulations or the Commander in Chief; provided, that

an enlisted man who has not returned or accounted for all of the

public property for which he is responsible, shall under no

circumstances receive an honorable discharge.
Okla. Stat. tit. 44, § 44-4313 — OK Code / Title 44 / Section 44-4313
Employees of state government or political subdivisions -
Status: in_force

Reemployment.

A. Subject to subsection B of this section for any employee,

and Sections 10 and 11 of this act for an employee of a state

government or a political subdivision thereof, a person who is

entitled to reemployment under Section 8 of this act, upon

completion of a period of service in the state military forces,

shall be promptly reemployed in the following order of priority:

1. Except as provided in paragraphs 3 and 4 of this subsection,

for a person whose period of service in the state military forces

was for less than ninety-one (91) days:

a. in the position of employment in which the person

would have been employed if the continuous employment

of the person with the employer had not been

interrupted by the service, the duties of which the

person is qualified to perform, or

b. in the position of employment in which the person was

employed on the date of the commencement of the

service in the state military forces, only if he or

she is not qualified to perform the duties of the

position referred to in subparagraph a of this

paragraph after reasonable efforts by the employer to

qualify the person;

2. Except as provided in paragraphs 3 and 4 of this subsection,

for a person whose period of service in the state military forces

was for more than ninety (90) days:

a. in the position of employment in which the person

would have been employed if the continuous employment

of the person with the employer had not been

interrupted by the service, or a position of like

seniority, status and pay, the duties of which he or

she is qualified to perform, or

b. in the position of employment in which the person was

employed on the date of the commencement of the

service in the state military forces, or a position of

like seniority, status and pay, the duties of which he

or she is qualified to perform, only if he or she is

not qualified to perform the duties of a position

referred to in subparagraph a of this paragraph after

reasonable efforts by the employer to qualify the

person;

3. For a person who has a disability incurred in, or aggravated

during, the service, and who, after reasonable efforts by the

Oklahoma Statutes - Title 44. Militia Page 204

employer to accommodate the disability, is not qualified due to the

disability to be employed in the position of employment in which the

person would have been employed if the continuous employment of the

person with the employer had not been interrupted by the service:

a. in any other position which is equivalent in

seniority, status, and pay, the duties of which he or

she is qualified to perform or would become qualified

to perform with reasonable efforts by the employer, or

b. if not employed under subparagraph a of this

paragraph, in a position which is the nearest

approximation to a position referred to in

subparagraph a of this paragraph in terms of

seniority, status, and pay consistent with

circumstances of his or her case; or

4. For a person who is not qualified pursuant to subparagraph a

of paragraph 2 of this subsection to be employed in the position of

employment in which he or she:

a. would have been employed if the continuous employment

of the person with the employer had not been

interrupted by the service, or

b. was employed on the date of the commencement of the

service in the state military forces for any reason,

other than disability incurred in, or aggravated

during, service in the state military forces, and

cannot become qualified with reasonable efforts by the employer, in

any other position which is the nearest approximation to a position

referred to first in subparagraph a of this paragraph and then in

subparagraph b of this paragraph which such person is qualified to

perform, with full seniority.

B. 1. If two or more persons are entitled to reemployment

under Section 8 of this act in the same position of employment and

more than one of them has reported for such reemployment, the person

who left the position first shall have the prior right to

reemployment in that position.

2. Any person entitled to reemployment under Section 8 of this

act who is not reemployed in a position of employment by reason of

paragraph 1 of this subsection shall be entitled to be reemployed as

follows:

a. except as provided in subparagraph b of this

paragraph, in any other position of employment

referred to in paragraph 1 or 2 of subsection A of

this section, as the case may be, in the order of

priority set out in subsection A of this section, that

provides a similar status and pay to a position of

employment referred to in paragraph 1 of this

subsection, consistent with the circumstances of his

or her case, with full seniority, or

Oklahoma Statutes - Title 44. Militia Page 205

b. for a person who has a disability incurred in, or

aggravated during, a period of service in the state

military forces that requires reasonable efforts by

the employer for the person to be able to perform the

duties of the position of employment, in any other

position referred to in paragraph 3 of subsection A of

this section, in the order of priority set out in

subsection A of this section, that provides a similar

status and pay to a position referred to in paragraph

1 of this subsection, consistent with circumstances of

his or her case, with full seniority.
Okla. Stat. tit. 44, § 44-233.5 — OK Code / Title 44 / Section 44-233.5
Conveyance of sites by political subdivisions
Status: in_force

The governing body of any school district, town, city, county or

any other political subdivision of state government is hereby

authorized to convey to this state, title or other adequate property

interest to acceptable and suitable real estate under its control

and proper jurisdiction as sites for the construction, erection and

completion of facilities under Section 233.2 et seq. of this title,

and any individual and any corporation is authorized to convey by

deed to this state, any of his, her or its lands, situated in the

state for such purpose and use.
Okla. Stat. tit. 44, § 44-869 — OK Code / Title 44 / Section 44-869
Review by State Judge Advocate
Status: in_force

ARTICLE 69. Review by State Judge Advocate.

A. In general. Upon application by the accused and subject to

subsections B, C and D of this section, the State Judge Advocate may

modify or set aside, in whole or in part, the findings and sentence

in a court-martial that is not reviewed under Section 866 of this

title (Article 66).

B. Timing. To qualify for consideration, an application under

subsection A of this section shall be submitted to the State Judge

Advocate not later than one (1) year after the date of completion of

review under Section 864 or 865 of this title (Article 64 or 65), as

the case may be. The State Judge Advocate may, for good cause

shown, extend the period for submission of an application, but may

not consider an application submitted more than three (3) years

after such completion date.

C. Scope.

1. a. In a case reviewed under Section 864 or subsection B

of Section 865 of this title (Article 64 or Article

65, subsection B), the State Judge Advocate may set

aside the findings or sentence, in whole or in part,

on the grounds of newly discovered evidence, fraud on

the court, lack of jurisdiction over the accused or

the offense, error prejudicial to the substantial

rights of the accused, or the appropriateness of the

sentence.

b. 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).

c. If the State Judge Advocate sets aside findings and

sentence and does not order a rehearing, the State

Judge Advocate shall dismiss the charges.

d. If the State Judge Advocate sets aside findings and

orders a rehearing and the convening authority

Oklahoma Statutes - Title 44. Militia Page 138

determines that a rehearing would be impractical, the

convening authority shall dismiss the charges.

2. In a case reviewed under subsection B of Section 865 of this

title (Article 65, subsection B), review under this section is

limited to the issue of whether the waiver or withdrawal of an

appeal was invalid under the law. If the State Judge Advocate

determines that the waiver or withdrawal of an appeal was invalid,

the State Judge Advocate shall order appropriate corrective action

under regulations promulgated by the Adjutant General.

D. Military Court of Appeals.

1. The Military Court of Appeals may review the action taken by

the State Judge Advocate under subsection C of this section:

a. in a case sent to the Military Court of Appeals by

order of the State Judge Advocate, or

b. in a case submitted to the Military Court of Appeals

by the accused in an application for review.

2. The Military Court of Appeals may grant an application under

subparagraph b of paragraph 1 of this subsection only if:

a. the application demonstrates a substantial basis for

concluding that the action on review under subsection

C of this section constituted prejudicial error, and

b. the application is filed not later than the earlier

of:

(1) sixty (60) days after the date on which the

accused is notified of the decision of the State

Judge Advocate, or

(2) sixty (60) days after the date on which a copy of

the decision of the State Judge Advocate is

deposited 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 his or

her official service record.

3. The submission of an application for review under this

subsection does not constitute a proceeding before the Military

Court of Appeals for purposes of paragraph 1 of subsection C of

Section 870 of this title (Article 70, subsection C, paragraph 1).

E. Action only on matters of law. Notwithstanding Section 866

of this title (Article 66), in any case reviewed by the Military

Court of Appeals under subsection D of this section, the Court may

take action only with respect to matters of law.
Okla. Stat. tit. 44, § 44-863 — OK Code / Title 44 / Section 44-863
Rehearings
Status: in_force

ARTICLE 63. Rehearings.

A. Each rehearing under the Oklahoma Uniform Code of Military

Justice shall take place before a court-martial composed of members

who were not members of the court-martial which first heard the

case. Upon a rehearing the accused may not be tried for any offense

of which he or she was found not guilty by the first court-martial,

and no sentence in excess of or more severe than the original

sentence may be adjudged, unless the sentence is based upon a

finding of guilty of an offense not considered upon the merits in

the original proceedings, or unless the sentence prescribed for the

offense is mandatory.

B. If the sentence adjudged by the first court-martial was in

accordance with a plea agreement under Section 853A of this title

(Article 53A) and the accused at the rehearing does not comply with

the agreement, or if a plea of guilty was entered for an offense at

the first court-martial and a plea of not guilty was entered at the

rehearing, the sentence as to those charges or specifications may

include any punishment not in excess of that which could have been

adjudged at the first court-martial, subject to such limitations as

the Adjutant General may prescribe by regulation.

C. If, after appeal by the government under subsection C of

Section 856 of this title (Article 56, subsection C), the sentence

adjudged is set aside and a rehearing on sentence is ordered by the

Military Court of Appeals or Court of Criminal Appeals, the court-

martial may impose any sentence that is in accordance with the order

or ruling setting aside the adjudged sentence, subject to such

limitations as the Adjutant General may prescribe by regulation.
Okla. Stat. tit. 44, § 44-907 — OK Code / Title 44 / Section 44-907
False official statements - False swearing
Status: in_force

ARTICLE 107. False official statements; false swearing.

Oklahoma Statutes - Title 44. Militia Page 155

A. False official statements. Any person subject to the

Oklahoma Uniform Code of Military Justice who, with intent to

deceive:

1. Signs any false record, return, regulation, order, or other

official document, knowing it to be false; or

2. Makes any other false official statement knowing it to be

false,

shall be punished as a court-martial may direct.

B. False swearing. Any person subject to the Code:

1. Who takes an oath that:

a. is administered in a matter in which such oath is

required or authorized by law, and

b. is administered by a person with authority to do so;

and

2. Who, upon such oath, makes or subscribes to a statement, if

the statement is false and at the time of taking the oath, the

person does not believe the statement to be true,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-936 — OK Code / Title 44 / Section 44-936
Authority to administer oaths
Status: in_force

ARTICLE 136. Authority to administer oaths.

A. The following persons may administer oaths for the purposes

of military administration, including military justice:

1. All judge advocates;

2. All summary courts-martial;

3. All adjutants, assistant adjutants, acting adjutants, and

personnel adjutants;

4. All commanding officers of the state military forces;

5. All staff judge advocates, and acting or assistant staff

judge advocates; or

6. All other persons designated by regulations of the Armed

Forces of the United States or by statute.

B. The following persons on active duty or performing inactive-

duty training may administer oaths necessary in the performance of

their duties:

1. The military judge, trial counsel, and assistant trial

counsel for all general and special courts-martial;

2. The president and the counsel for the court of any court of

inquiry;

3. All officers designated to take a deposition;

4. All persons detailed to conduct an investigation;

5. All recruiting officers;

6. All other persons designated by regulations of the Armed

Forces of the United States or by statute.

C. Each judge and the senior judge of the Military Court of

Appeals shall have the powers relating to oaths, affirmations, and

acknowledgments provided to justices and judges of the State of

Oklahoma.

D. The signature without seal of any such person, together with

the title of his or her office, is prima facie evidence of the

authority of that person.
Okla. Stat. tit. 44, § 44-943 — OK Code / Title 44 / Section 44-943
Uniformity of interpretation
Status: in_force

ARTICLE 143. Uniformity of interpretation.

Oklahoma Statutes - Title 44. Militia Page 178

The Oklahoma Uniform Code of Military Justice shall be so

construed as to effectuate its general purpose to make it uniform,

so far as practical, with the Uniform Code of Military Justice,

Chapter 47 of Title 10 of the United States Code.
Okla. Stat. tit. 44, § 44-6 — OK Code / Title 44 / Section 44-6
Honorary staff of the Governor
Status: in_force

The Governor may appoint an honorary staff to consist of such

number of honorary aides with the brevet title of Colonel,

Lieutenant Colonel or Major, as he may desire. All of these staff

officers shall be appointed by the Governor and hold office at his

will and their commissions shall expire with the term of office of

the Governor making such appointment. Staff officers shall not be

subject to jury duty during the period of their service. The

Adjutant General shall be ex officio Chief of Staff.
Okla. Stat. tit. 44, § 44-26.1 — OK Code / Title 44 / Section 44-26.1
Financial donations to the Adjutant General
Status: in_force

The Adjutant General may receive financial donations and expend

such donated funds or utilize state appropriated funds for mementos,

presentations or participation in events designed to promote the

interests and relationships of the Military Department or Oklahoma

National Guard, specifically, but not limited to, the State

Partnership Program. A full and complete record of such donated

funds received and disbursed by the Military Department shall be

kept and shall be subject to audit, and reports submitted to the

Adjutant General upon request. Such expenditures shall be limited

to Three Hundred Dollars ($300.00) per occasion and shall not exceed

Two Thousand Five Hundred Dollars ($2,500.00) per year.
Okla. Stat. tit. 44, § 44-901 — OK Code / Title 44 / Section 44-901
Improper use of countersign
Status: in_force

ARTICLE 101. Improper use of countersign.

Oklahoma Statutes - Title 44. Militia Page 152

Any person subject to the Oklahoma Uniform Code of Military

Justice who in time of war discloses the parole or countersign to

any person not entitled to receive it or who gives to another who is

entitled to receive and use the parole or countersign a different

parole or countersign from that which, to his or her knowledge, he

or she was authorized and required to give, shall be punished as a

court-martial may direct.
Okla. Stat. tit. 44, § 44-851 — OK Code / Title 44 / Section 44-851
Voting and rulings
Status: in_force

ARTICLE 51. Voting and rulings.

A. Voting by members of a general or special court-martial on

the findings and on the sentence shall be by secret written ballot.

The junior member of the court shall count the votes. The count

shall be checked by the president, who shall forthwith announce the

result of the ballot to the members of the court.

B. The military judge shall rule upon all questions of law and

all interlocutory questions arising during the proceedings. Any

such ruling made by the military judge upon any question of law or

any interlocutory question other than the factual issue of mental

responsibility of the accused is final and constitutes the ruling of

the court, except that the military judge may change a ruling at any

time during trial.

C. Before a vote is taken on the findings, the military judge

shall, in the presence of the accused and counsel, instruct the

members of the court as to the elements of the offense and charge

them:

1. That the accused shall be presumed to be innocent until his

or her guilt is established by legal and competent evidence beyond

reasonable doubt;

2. That in the case being considered, if there is a reasonable

doubt as to the guilt of the accused, the doubt shall be resolved in

favor of the accused and he or she shall be acquitted;

3. That, if there is reasonable doubt as to the degree of

guilt, the finding shall be in a lower degree as to which there is

no reasonable doubt; and

4. That the burden of proof to establish the guilt of the

accused beyond reasonable doubt is upon the government.

D. This section does not apply to a court-martial composed of a

military judge only. The military judge of such a court-martial

shall determine all questions of law and fact arising during the

proceedings and, if the accused is convicted, adjudge an appropriate

sentence. The military judge of such a court-martial shall make a

general finding and shall in addition on request find the facts

specially. If an opinion or memorandum of decision is filed, it

will be sufficient if the findings of fact appear therein.
Okla. Stat. tit. 44, § 44-857 — OK Code / Title 44 / Section 44-857
Effective date of sentences
Status: in_force

ARTICLE 57. Effective date of sentences.

A. Execution of sentences. A court-martial sentence shall be

executed and take effect as follows:

Oklahoma Statutes - Title 44. Militia Page 115

1. Forfeiture and reduction. A forfeiture of pay or allowances

shall be applicable to pay and allowances accruing on and after the

date on which the sentence takes effect. Any forfeiture of pay or

allowances or reduction in grade that is included in a sentence of a

court-martial takes effect on the earlier of:

a. the date that is fourteen (14) days after the date on

which the sentence is adjudged, or

b. in the case of a summary court-martial, the date on

which the sentence is approved by the convening

authority;

2. Confinement. Any period of confinement included in a

sentence of a court-martial begins to run from the date the sentence

is adjudged by the court-martial, but periods during which the

sentence to confinement is suspended or deferred shall be excluded

in computing the service of the term of confinement;

3. Approval of dismissal. If, in the case of a commissioned

officer, or cadet, the sentence of a court-martial extends to

dismissal, that part of the sentence providing for dismissal may not

be executed until approved by the Adjutant General. In such a case,

the Adjutant General may commute, remit, or suspend the sentence, or

any part of the sentence, as the Adjutant General sees fit. In time

of war or national emergency he or she may commute a sentence of

dismissal to reduction to any enlisted grade. A person so reduced

may be required to serve for the duration of the war or emergency

and six (6) months thereafter;

4. Completion of appellate review. If a sentence extends to

dismissal, or a dishonorable or bad-conduct discharge, that part of

the sentence extending to dismissal or a dishonorable or bad-conduct

discharge may be executed, in accordance with applicable

regulations, after completion of appellate review and, with respect

to dismissal, approval under paragraph 3 of this subsection, as

appropriate; and

5. Other sentences. Except as otherwise provided in this

subsection, a general or special court-martial sentence is effective

upon entry of judgment and a summary court-martial sentence is

effective when the convening authority acts on the sentence.

B. Deferral of sentences.

1. In general. On application by an accused, the convening

authority or, if the accused is no longer under his or her

jurisdiction, the officer exercising general court-martial

jurisdiction over the command to which the accused is currently

assigned, may, in his or her sole discretion, defer the effective

date of a sentence of confinement, reduction, or forfeiture. The

deferment shall terminate upon entry of judgment or, in the case of

a summary court-martial, when the convening authority acts on the

sentence. The deferment may be rescinded at any time by the officer

who granted it or, if the accused is no longer under his or her

Oklahoma Statutes - Title 44. Militia Page 116

jurisdiction, by the officer exercising general court-martial

jurisdiction over the command to which the accused is currently

assigned.

2. Deferral of certain persons sentenced to confinement. In

any case in which a court-martial sentences a person referred to in

paragraph 3 of this subsection to confinement, the convening

authority may defer the service of the sentence to confinement,

without the consent of that person, until after the person has been

permanently released to the state military forces by a state or

foreign country referred to in that paragraph.

3. Covered persons. Paragraph 2 of this subsection applies to

a person subject to this chapter who:

a. while in the custody of a state or foreign country is

temporarily returned by that state or foreign country

to the state military forces for trial by court-

martial, and

b. after the court-martial, is returned to that state or

foreign country under the authority of a mutual

agreement or treaty, as the case may be.

4. State defined. In this subsection, the term "state"

includes the District of Columbia and any commonwealth, territory,

or possession of the United States.

5. Deferral while review pending. In any case in which a

court-martial sentences a person to confinement, but in which review

of the case under subsection A of Section 867 of this title (Article

67, subsection A) is pending, the Adjutant General may defer further

service of the sentence to confinement while that review is pending.

C. Appellate review.

1. Completion of appellate review. Appellate review is

complete under this section when:

a. a review under Section 865 of this title (Article 65)

is completed, or

b. a review under Section 866 of this title (Article 66)

is completed by the Military Court of Appeals and:

(1) the time for the accused to file a Petition for

Review by the Court of Criminal Appeals has

expired and the accused has not filed a timely

petition for such review and the case is not

otherwise under review by that Court,

(2) such a petition is rejected by the Court of

Criminal Appeals, or

(3) review is completed in accordance with the

judgment of the Court of Criminal Appeals.

2. Completion as final judgment of legality of proceedings.

The completion of appellate review shall constitute a final judgment

as to the legality of the proceedings.

Oklahoma Statutes - Title 44. Militia Page 117
Okla. Stat. tit. 44, § 44-208 — OK Code / Title 44 / Section 44-208
Discrimination against officers or enlisted members -
Status: in_force

Places of entertainment or amusement - Discharge or hindrance of

duties by employers.

No person shall discriminate against any officer or enlisted

member of the National Guard or Civil Air Patrol or a judge carrying

out his or her duties as a member of the Military Court of Appeals

because of his or her membership therein. No person shall prohibit

or refuse entrance to any officer or enlisted member of the

Uniformed Services of the United States, or of the state military

forces, into any public entertainment or place of amusement because

such officer or enlisted member is wearing a uniform of the

organization to which he or she belongs. No employer, officer or

agent of any corporation, company, firm or other person, shall

discharge any person from employment because of being an officer,

warrant officer or enlisted member of the military forces of the

state, or hinder or prevent him or her from performing any military

service he or she may be called upon to perform by proper authority,

in respect to his or her employment, trade or business. Any person

violating any of the provisions of this section shall be punished by

a fine of not to exceed One Hundred Dollars ($100.00), or by

imprisonment in the county jail for a period of not to exceed thirty

(30) days, or by both such fine and imprisonment.
Okla. Stat. tit. 44, § 44-920C — OK Code / Title 44 / Section 44-920C
Other sexual misconduct
Status: in_force

ARTICLE 120C. Other sexual misconduct.

A. Indecent viewing, visual recording, or broadcasting. Any

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

without legal justification or lawful authorization:

1. Knowingly and wrongfully views the private area of another

person, without that other person's consent and under circumstances

in which that other person has a reasonable expectation of privacy;

2. Knowingly photographs, videotapes, films, or records by any

means the private area of another person, without that other

Oklahoma Statutes - Title 44. Militia Page 164

person's consent and under circumstances in which that other person

has a reasonable expectation of privacy; or

3. Knowingly broadcasts or distributes any such recording that

the person knew or reasonably should have known was made under the

circumstances proscribed in paragraphs 1 and 2 of this subsection,

is guilty of an offense under this section and shall be punished as

a court-martial may direct.

B. Forcible pandering. Any person subject to the Code who

compels another person to engage in an act of prostitution with any

person is guilty of forcible pandering and shall be punished as a

court-martial may direct.

C. Indecent exposure. Any person subject to the Code who

intentionally exposes, in an indecent manner, the genitalia, anus,

buttocks, or female areola or nipple is guilty of indecent exposure

and shall by punished as a court-martial may direct.

D. Definitions. In this section:

1. Act of prostitution. The term "act of prostitution" means a

sexual act or sexual contact, as defined in subsection F of Section

920 of this title (Article 120, subsection F), on account of which

anything of value is given to, or received by, any person;

2. Private area. The term "private area" means the naked or

underwear-clad genitalia, anus, buttocks, or female areola or

nipple;

3. Reasonable expectation of privacy. The term "under

circumstances in which that other person has a reasonable

expectation of privacy" means:

a. circumstances in which a reasonable person would

believe that he or she could disrobe in privacy,

without being concerned that an image of a private

area of the person was being captured, or

b. circumstances in which a reasonable person would

believe that a private area of the person would not be

visible to the public;

4. Broadcast. The term "broadcast" means to electronically

transmit a visual image with the intent that it be viewed by a

person or persons;

5. Distribute. The term "distribute" means delivering to the

actual or constructive possession of another, including transmission

by electronic means;

6. Indecent manner. The term "indecent manner" means conduct

that amounts to a form of immorality relating to sexual impurity

which is grossly vulgar, obscene, and repugnant to common propriety,

and tends to excite sexual desire or deprave morals with respect to

sexual relations.
Okla. Stat. tit. 44, § 44-210 — OK Code / Title 44 / Section 44-210
Assault on member or body of National Guard or person
Status: in_force

assisting them.

Whenever the National Guard is called into service under

proclamation of the Governor for the performance of any duties

contemplated in this act, any person who willfully assaults, or

fires at, or throws any dangerous missile at, against, or upon any

member or body of the National Guard so engaged, or civil officer or

Oklahoma Statutes - Title 44. Militia Page 33

other persons lawfully aiding or assisting them in the discharge of

their duties, shall be deemed guilty of a Class D3 felony offense

and upon conviction shall be imprisoned as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes.
Okla. Stat. tit. 44, § 44-912A — OK Code / Title 44 / Section 44-912A
Wrongful use, possession, etc., of controlled substances
Status: in_force

ARTICLE 112A. Wrongful use, possession, etc., of controlled

substances.

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

Justice who wrongfully uses, possesses, manufactures, distributes,

imports into the customs territory of the United States, exports

from the United States, or introduces into an installation, vessel,

vehicle, or aircraft used by or under the control of the Armed

Forces of the United States or of the state military forces a

substance described in subsection B of this section shall be

punished as a court-martial may direct.

B. The substances referred to in subsection A of this section

are the following:

1. Opium, heroin, cocaine, amphetamine, lysergic acid

diethylamide, methamphetamine, phencyclidine, barbituric acid, and

marijuana and any compound or derivative of any such substance;

2. Any substance not specified in paragraph 1 of this

subsection that is listed on a schedule of controlled substances

prescribed by the President for the purposes of the Uniform Code of

Military Justice, Title 10 of the United States Code, Section 801,

et seq.; and

3. Any other substance not specified in paragraph 1 of this

subsection or contained on a list prescribed by the President under

paragraph 2 of this subsection that is listed in schedules I through

V of article 202 of the Controlled Substances Act, Title 21 of the

United States Code, Section 812.

C. It shall be unlawful for any member of the state military

forces to knowingly use or ingest marijuana or any substances or

products derived from marijuana including, but not limited to, hemp,

tetrahydrocannabinol, and cannabidiol.
Okla. Stat. tit. 44, § 44-21 — OK Code / Title 44 / Section 44-21
Military Department
Status: in_force

The Military Department of the State of Oklahoma is hereby

established and shall be under the command and control of the

Governor as Commander in Chief, with the Adjutant General as the

executive and administrative head thereof. The Military Department

shall be constituted of the state military forces, as defined by

Section 801 of this title, and is hereby organized into a joint

headquarters which shall be identified as the joint forces

headquarters. The joint forces headquarters shall be jointly

staffed by Army National Guard and Air National Guard personnel who,

under the authority and direction of the Adjutant General, shall

support and assist the Adjutant General in the exercise of command

and control over state military forces when not activated for

federal duty under Title 10 of the United States Code. There shall

be assigned to the joint forces headquarters officers, enlisted

personnel, and civilian employees as may be considered necessary by

the Governor as Commander in Chief and the Adjutant General.
Okla. Stat. tit. 44, § 44-853 — OK Code / Title 44 / Section 44-853
Findings and sentencing
Status: in_force

ARTICLE 53. Findings and sentencing.

A. A court-martial shall announce its findings and sentence to

the parties as soon as determined.

B. Sentencing generally.

1. General and special courts-martial.

a. Sentencing by military judge. Except as provided in

subparagraph b of this paragraph, if the accused is

convicted of an offense in a trial by general or

special court-martial, the military judge shall

sentence the accused.

b. Sentencing by members. If the accused is convicted of

an offense by general or special court-martial

consisting of a military judge and members and the

accused elects sentencing by members under Section 825

of this title (Article 25), the members shall sentence

the accused.

Oklahoma Statutes - Title 44. Militia Page 112

c. Sentence of the accused. The sentence determined

pursuant to this paragraph constitutes the sentence of

the accused.

2. Summary courts-martial. If the accused is convicted of an

offense in a trial by summary court-martial, the court-martial shall

sentence the accused.
Okla. Stat. tit. 44, § 44-233.12 — OK Code / Title 44 / Section 44-233.12
Qualifying federal programs to be regarded as
Status: in_force

individual purchasing entities.

For the determination of compliance with limits set forth in the

Oklahoma Central Purchasing Act, each federal program administered

by the Military Department of the State of Oklahoma shall, if the

Oklahoma Statutes - Title 44. Militia Page 45

agency has a Certified Procurement Officer assigned to each program

and makes purchases in compliance with internal purchasing

procedures of the Military Department, be regarded as an individual

purchasing entity.
Okla. Stat. tit. 44, § 44-904A — OK Code / Title 44 / Section 44-904A
Fraudulent enlistment, appointment, or separation
Status: in_force

ARTICLE 104A. Fraudulent enlistment, appointment, or

separation.

Any person who:

1. Procures his or her own enlistment or appointment in the

state military forces by knowingly false representation or

deliberate concealment as to his or her qualifications for that

enlistment or appointment and receives pay or allowances thereunder;

or

2. Procures his or her own separation from the state military

forces by knowingly false representation or deliberate concealment

as to his or her eligibility for that separation,

shall be punished as a court-martial may direct.
Okla. Stat. tit. 44, § 44-930 — OK Code / Title 44 / Section 44-930
Stalking
Status: in_force

ARTICLE 130. Stalking.

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

of Military Justice:

1. Who wrongfully engages in a course of conduct directed at a

specific person that would cause a reasonable person to fear death

or bodily harm, including sexual assault, to himself or herself, to

a member of his or her immediate family, or to his or her intimate

partner;

2. Who has knowledge, or should have knowledge, that the

specific person will be placed in reasonable fear of death or bodily

harm, including sexual assault, to himself or herself, to a member

of his or her immediate family, or to his or her intimate partner;

and

3. Whose conduct induces reasonable fear in the specific person

of death or bodily harm, including sexual assault, to himself or

herself, to a member of his or her immediate family, or to his or

her intimate partner,

Oklahoma Statutes - Title 44. Militia Page 169

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

direct.

B. Definitions. In this section:

1. The term "conduct" means conduct of any kind, including use

of surveillance, the mails, an interactive computer service, an

electronic communication service, or an electronic communication

system;

2. The term "course of conduct" means:

a. a repeated maintenance of visual or physical proximity

to a specific person,

b. a repeated conveyance of verbal threats, written

threats, or threats implied by conduct, or a

combination of such threats, directed at or toward a

specific person, or

c. a pattern of conduct composed of repeated acts

evidencing a continuity of purpose;

3. The term "repeated", with respect to conduct, means two or

more occasions of such conduct;

4. The term "immediate family", in the case of a specific

person, means:

a. that person's spouse, parent, brother or sister,

child, or other person to whom he or she stands in

loco parentis, or

b. any other person living in his or her household and

related to him or her by blood or marriage; and

5. The term "intimate partner", in the case of a specific

person, means:

a. a former spouse of the specific person, a person who

shares a child in common with the specific person, or

a person who cohabits with or has cohabited as a

spouse with the specific person, or

b. a person who has been in a social relationship of a

romantic or intimate nature with the specific person,

as determined by the length of the relationship, the

type of relationship, and the frequency of interaction

between the persons involved in the relationship.
Okla. Stat. tit. 44, § 44-800 — OK Code / Title 44 / Section 44-800
Short title - Oklahoma Uniform Code of Military Justice
Status: in_force

Sections 800 through 946 of this title shall be known and may be

cited as the "Oklahoma Uniform Code of Military Justice". With the

Oklahoma Uniform Code of Military Justice, good order and discipline

shall be established and safeguarded within state military forces

pursuant to Section 40 of Article V of the Oklahoma Constitution.

Oklahoma Statutes - Title 44. Militia Page 57
Okla. Stat. tit. 44, § 44-854 — OK Code / Title 44 / Section 44-854
Record of trial
Status: in_force

ARTICLE 54. Record of trial.

A. General and special courts-martial. Each general or special

court-martial shall keep a separate record of the proceedings in

each case brought before it. The record shall be certified by a

court reporter, except that in the case of death, disability, or

absence of a court reporter, the record shall be certified by an

official selected as the Adjutant General may prescribe by

regulation.

B. Summary courts-martial. Each summary court-martial shall

keep a separate record of the proceedings in each case, and the

record shall be certified in the manner required by such regulations

as the Adjutant General may prescribe.

C. Contents of record.

Oklahoma Statutes - Title 44. Militia Page 113

1. Except as provided in paragraph 2 of this subsection, the

record shall contain such matters as the Adjutant General may

prescribe by regulation.

2. In accordance with regulations prescribed by the Adjutant

General, a complete record of proceedings and testimony shall be

prepared in any case of a sentence of dismissal, discharge,

confinement for more than six (6) months, or forfeiture of pay for

more than six (6) months.

D. A copy to the accused. A copy of the record of the

proceedings of each general and special court-martial shall be given

to the accused as soon as it is certified.

E. Copy to victim. In the case of a general or special court-

martial upon request, a copy of all prepared records of the

proceedings of the court-martial shall be given to the victim of the

offense if the victim testified during the proceedings. The record

of the proceedings shall be provided without charge and as soon as

the records are certified. The victim shall be notified of the

opportunity to receive the records of the proceedings.
Okla. Stat. tit. 44, § 44-879 — OK Code / Title 44 / Section 44-879
Conviction of offense charged, lesser included offenses
Status: in_force

ARTICLE 79. Conviction of offense charged, lesser included

offenses.

A. In general. An accused may be found guilty of any of the

following:

1. The offense charged;

2. A lesser included offense;

Oklahoma Statutes - Title 44. Militia Page 143

3. An attempt to commit the offense charged; and

4. An attempt to commit a lesser included offense, if the

attempt is an offense in its own right.

B. Lesser included offense defined. In this section, the term

"lesser included offense" means:

1. An offense that is necessarily included in the offense

charged; and

2. Any lesser included offense so designated by regulation

prescribed by the Adjutant General.

C. Regulatory authority. Any designation of a lesser-included

offense in a regulation referred to in subsection B of this section

shall be reasonably included in the greater offense.