reglab/housing_qa huggingface dataset:
44 OK Stat § 44-864 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-864. Judge advocate review of finding of guilty in summary court-martial.

|ARTICLE 64. Judge advocate review of finding of guilty in summary court-martial. |A. In general. Under regulations prescribed by the Adjutant General, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:1. Conclusions as to whether:a.the court had jurisdiction over the accused and the offense,b.the charge and specification stated an offense, andc.the sentence was within the limits prescribed as a matter of law;2. A response to each allegation of error made in writing by the accused; and3. If the case is sent for action under subsection B of this section, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.B. Record. The record of trial and related documents in each case reviewed under subsection A of this section shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person's successor in command) if:1. The judge advocate who reviewed the case recommends corrective action; or2. Such action is otherwise required by regulations of the Adjutant General.C. 1. The person to whom the record of trial and related documents are sent under subsection B of this section may:a.disapprove or approve the findings or sentence, in whole or in part,b.remit, commute, or suspend the sentence in whole or in part,c.except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both, ord.dismiss the charges.2. If a rehearing is ordered but the convening authority finds a rehearing impracticable, he or she shall dismiss the charges.3. If the opinion of the judge advocate in the judge advocate's review under subsection A of this section is that corrective action is required as a matter of law and if the person required to take action under subsection B does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the State Judge Advocate for review under Section 869 of this title (Article 69).Added by Laws 2019, c. 408, § 79, eff. Oct. 1, 2019.
44 OK Stat § 44-867A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-867A. Reserved.

|RESERVED. |Added by Laws 2019, c. 408, § 83, eff. Oct. 1, 2019.
44 OK Stat § 44-868 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-868. Reserved.

|RESERVED |Added by Laws 2019, c. 408, § 84, eff. Oct. 1, 2019.
44 OK Stat § 44-870 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-870. Appellate counsel.

|ARTICLE 70. Appellate counsel. |A. The State Judge Advocate shall detail in his or her office one or more commissioned officers as appellate government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under paragraph 1 of subsection B of Section 827 of this title (Article 27, subsection B, paragraph 1).B. Appellate government counsel shall represent the State of Oklahoma before the Military Court of Appeals or the Court of Criminal Appeals when directed to do so by the State Judge Advocate.C. Appellate defense counsel shall represent the accused before the Military Court of Appeals, or the Court of Criminal Appeals:1. When requested by the accused;2. When the State of Oklahoma is represented by counsel; or3. When the State Judge Advocate has sent the case to the Military Court of Appeals.D. The accused has the right to be represented before the Military Court of Appeals, or the Court of Criminal Appeals by civilian counsel if provided by him or her.E. Military appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the State Judge Advocate directs.F. As provided in regulations promulgated by the Adjutant General, if needed, the State Judge Advocate may employ civilian appellate counsel for the government and for the defense.Added by Laws 2019, c. 408, § 86, eff. Oct. 1, 2019.
44 OK Stat § 44-871 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-871. Reserved.

|RESERVED. |Added by Laws 2019, c. 408, § 87, eff. Oct. 1, 2019.
44 OK Stat § 44-872 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-872. Vacation of suspension.

|ARTICLE 72. Vacation of suspension. |A. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The State Judge Advocate shall detail a judge advocate, who is certified under subsection B of Section 827 of this title (Article 27, subsection B), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.B. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Adjutant General. If the Adjutant General vacates the suspension, any unexecuted part of the sentence shall be executed, subject to applicable restrictions in Section 857 of this title (Article 57).C. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.Added by Laws 2019, c. 408, § 88, eff. Oct. 1, 2019.
44 OK Stat § 44-873 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-873. Petition for a new trial.

|ARTICLE 73. Petition for a new trial. |At any time within three (3) years after the date of the entry of judgment under Section 860C of this title (Article 60C), the accused may petition the State Judge Advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before the Military Court of Appeals or before the Court of Criminal Appeals, the State Judge Advocate shall refer the petition to the appropriate court for action. Otherwise, the State Judge Advocate shall act upon the petition.Added by Laws 2019, c. 408, § 89, eff. Oct. 1, 2019.
44 OK Stat § 44-874 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-874. Remission and suspension.

|ARTICLE 74. Remission and suspension. |A. The Adjutant General, the State Judge Advocate, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor.B. The Adjutant General may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.Added by Laws 2019, c. 408, § 90, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 24, emerg. eff. April 13, 2021.
44 OK Stat § 44-875 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-875. Restoration.

|ARTICLE 75. Restoration. |A. Under such regulations as the Adjutant General may promulgate, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.B. If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Adjutant General shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.C. If a previously executed sentence of dismissal is not imposed on a new trial, the Adjutant General shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed pursuant to Sections 875 and 12203 of Title 10 of the United States Code and any applicable regulations prescribed thereunder by the President of the United States or the Secretary concerned.Added by Laws 2019, c. 408, § 91, eff. Oct. 1, 2019.
44 OK Stat § 44-876 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-876. Finality of proceedings, findings, and sentences.

|ARTICLE 76. Finality of proceedings, findings, and sentences. |The appellate review of records of trial provided by the Oklahoma Uniform Code of Military Justice, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by the Code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by the Code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the State of Oklahoma, subject only to action upon a petition for a new trial as provided in Section 873 of this title (Article 73) and to action by the Adjutant General as provided in Section 874 of this title (Article 74) and the authority of the Governor.Added by Laws 2019, c. 408, § 92, eff. Oct. 1, 2019.
44 OK Stat § 44-876A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-876A. Leave required to be taken pending review of certain court-martial convictions.

|ARTICLE 76A. Leave required to be taken pending review of certain court-martial convictions. |Under regulations promulgated by the Adjutant General, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this part if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under Section 860C of this title (Article 60C) or at any time after such date, and such leave may be continued until the date on which action under this part is completed or may be terminated at any earlier time.Added by Laws 2019, c. 408, § 93, eff. Oct. 1, 2019.
44 OK Stat § 44-876B (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-876B. Lack of mental capacity or mental responsibility.

|ARTICLE 76B. Lack of mental capacity or mental responsibility. |A. No person accused of violating a punitive section under the Oklahoma Uniform Code of Military Justice shall be brought to trial by a general or special court-martial if that person is presently suffering from a mental disease or defect rendering him or her mentally incompetent to the extent that he or she is unable to understand the nature of the proceedings against him or her or to conduct or cooperate intelligently in the defense of the case.B. A person is presumed to have the capacity to stand trial unless the contrary is established.C. The procedure for determining mental competence shall be established in regulations promulgated by the Adjutant General.Added by Laws 2019, c. 408, § 94, eff. Oct. 1, 2019.
44 OK Stat § 44-877 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-877. Principals.

|ARTICLE 77. Principals. |Any person punishable under the Oklahoma Uniform Code of Military Justice who:1. Commits an offense punishable by the Oklahoma Uniform Code of Military Justice, or aids, abets, counsels, commands, or procures its commission; or2. Causes an act to be done which if directly performed by him or her would be punishable by this chapter,shall be a principal.Added by Laws 2019, c. 408, § 95, eff. Oct. 1, 2019.
44 OK Stat § 44-878 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-878. Accessory after the fact.

|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.Added by Laws 2019, c. 408, § 96, eff. Oct. 1, 2019.
44 OK Stat § 44-879 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-879. Conviction of offense charged, lesser included offenses.

|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;3. An attempt to commit the offense charged; and4. 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; and2. 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.Added by Laws 2019, c. 408, § 97, eff. Oct. 1, 2019.
44 OK Stat § 44-880 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-880. Attempts.

|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.Added by Laws 2019, c. 408, § 98, eff. Oct. 1, 2019.
44 OK Stat § 44-881 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-881. Conspiracy.

|ARTICLE 81. Conspiracy. |Any person subject to the Oklahoma Uniform Code of Military Justice who conspires with any other person to commit an offense under the Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 99, eff. Oct. 1, 2019.
44 OK Stat § 44-882 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-882. Soliciting commission of offenses.

|ARTICLE 82. Soliciting commission of offenses. |A. Soliciting commission of offenses generally. Any person subject to the Oklahoma Uniform Code of Military Justice who solicits or advises another to commit an offense under the Code, other than an offense specified in subsection B of this section, shall be punished as a court-martial may direct.B. Soliciting desertion, mutiny, sedition, or misbehavior before the enemy. Any person subject to the Code who solicits or advises another to violate Section 885 of this title (Article 85), Section 894 of this title (Article 94), or Section 899 of this title (Article 99):1. If the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and2. If the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 100, eff. Oct. 1, 2019.
44 OK Stat § 44-883 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-883. Malingering.

|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; or2. Intentionally inflicts self-injury,shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 101, eff. Oct. 1, 2019.
44 OK Stat § 44-884 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-884. Breach of medical quarantine.

|ARTICLE 84. Breach of medical quarantine. |Any person subject to the Oklahoma Uniform Code of Military Justice:1. Who is ordered into medical quarantine by a person authorized to issue such order; and2. Who, with knowledge of the quarantine and the limits of the quarantine, goes beyond those limits before being released from the quarantine by proper authority,shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 102, eff. Oct. 1, 2019.
44 OK Stat § 44-885 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-885. Desertion.

|ARTICLE 85. Desertion. |A. Any member of the state military forces who:1. Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;2. Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or3. Without being regularly separated from one of the force components of state military forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States,is guilty of desertion.B. Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.C. Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than ten (10) years or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment as a court-martial may direct.Added by Laws 2019, c. 408, § 103, eff. Oct. 1, 2019.
44 OK Stat § 44-886 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-886. Absence without leave.

|ARTICLE 86. Absence without leave. |Any member of the state military forces who, without authority:1. Fails to go to his or her appointed place of duty at the time prescribed;2. Goes from that place; or3. Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed,shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 104, eff. Oct. 1, 2019.
44 OK Stat § 44-887 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-887. Missing movement - Jumping from vessel.

|ARTICLE 87. Missing movement; jumping from vessel. |A. Missing movement. Any person subject to the Oklahoma Uniform Code of Military Justice who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.B. Jumping from vessel into the water. Any person subject to the Code who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 105, eff. Oct. 1, 2019.
44 OK Stat § 44-887A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-887A. Resistance, flight, breach of arrest, and escape.

|ARTICLE 87A. Resistance, flight, breach of arrest, and escape. |Any person subject to the Oklahoma Uniform Code of Military Justice who:1. Resists apprehension;2. Flees from apprehension;3. Breaks arrest; or4. Escapes from custody or confinement,shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 106, eff. Oct. 1, 2019.
44 OK Stat § 44-887B (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-887B. Reserved.

|RESERVED. |Added by Laws 2019, c. 408, § 107, eff. Oct. 1, 2019.
44 OK Stat § 44-888 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-888. Contempt toward officials.

|ARTICLE 88. Contempt toward officials. |Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, the Governor of the State of Oklahoma, or the Oklahoma Legislature shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 108, eff. Oct. 1, 2019.
44 OK Stat § 44-889 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-889. Disrespect toward superior commissioned officer - Assault of superior commissioned officer.

|ARTICLE 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer. |A. Disrespect. Any person subject to the Oklahoma Uniform Code of Military Justice who behaves with disrespect toward that person's superior commissioned officer shall be punished as a court-martial may direct.B. Assault. Any person subject to the Code who strikes that person's superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer's office shall be punished, if the offense is committed in time of declared war, by confinement of not more than ten (10) years or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment as a court-martial may direct.Added by Laws 2019, c. 408, § 109, eff. Oct. 1, 2019.
44 OK Stat § 44-890 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-890. Willfully disobeying superior commissioned officer.

|ARTICLE 90. Willfully disobeying superior commissioned officer. |Any person subject to the Oklahoma Uniform Code of Military Justice who willfully disobeys a lawful command of that person's superior commissioned officer shall be punished, if the offense is committed in time of declared war, by confinement of not more than ten (10) years or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment as a court-martial may direct.Added by Laws 2019, c. 408, § 110, eff. Oct. 1, 2019.
44 OK Stat § 44-891 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-891. Insubordinate conduct toward warrant officer, or noncommissioned officer.

|ARTICLE 91. Insubordinate conduct toward warrant officer, or noncommissioned officer. |Any warrant officer or enlisted member who:1. Strikes or assaults a warrant officer, or noncommissioned officer, while that officer is in the execution of his or her office;2. Willfully disobeys the lawful order of a warrant officer, or noncommissioned officer; or3. Treats with contempt or is disrespectful in language or deportment toward a warrant officer, or noncommissioned officer, while that officer is in the execution of his or her office,shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 111, eff. Oct. 1, 2019.
44 OK Stat § 44-892 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-892. Failure to obey order or regulation.

|ARTICLE 92. Failure to obey order or regulation. |Any person subject to the Oklahoma Uniform Code of Military Justice who:1. Violates or fails to obey any lawful general order or regulation;2. Having knowledge of any other lawful order issued by a member of the state military forces, which it is his or her duty to obey, fails to obey the order; or3. Is derelict in the performance of his or her duties,shall be punished as a court-martial may direct.Added by Laws 2019, c. 408, § 112, eff. Oct. 1, 2019.
44 OK Stat § 44-893 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-893. Cruelty and maltreatment.

|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.Added by Laws 2019, c. 408, § 113, eff. Oct. 1, 2019.