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WV Code § 15-1E-103 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-103. Captured or Abandoned Property

(a) All persons subject to this article shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.(b) Any person subject to this article who:(1) Fails to carry out the duties prescribed in subsection (a);(2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself, herself or another directly or indirectly connected with himself or herself; or(3) Engages in looting or pillaging; shall be punished as a court-martial may direct.
WV Code § 15-1E-104 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-104. Aiding the Enemy

Any person subject to this article who:(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or(2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly: shall be punished as a court-martial may direct.
WV Code § 15-1E-105 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-105. Misconduct as Prisoner

Any person subject to this article who, while in the hands of the enemy in time of war:(1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or(2) While in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.
WV Code § 15-1E-107 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-107. False Official Statements

Any person subject to this article who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
WV Code § 15-1E-108 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-108. Military Property - Loss, Damage, Destruction, or Wrongful Disposition

Any person subject to this article who, without proper authority:(1) Sells or otherwise disposes of;(2) Willfully or through neglect damages, destroys, or loses; or(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States or of any state, shall be punished as a court-martial may direct.
WV Code § 15-1E-109 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-109. Property Other Than Military Property - Waste, Spoilage, or Destruction

Any person subject to this article who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct.
WV Code § 15-1E-110 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-110. Improper Hazarding of Vessel

(a) Any person subject to this article who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or any state military forces shall suffer such punishment as a court-martial may direct.(b) Any person subject to this article who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or any state military forces shall be punished as a court-martial may direct.
WV Code § 15-1E-112 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-112. Drunk on Duty

Any person subject to this article other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct.
WV Code § 15-1E-112a (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-112a. Wrongful Use, Possession, etc., of Controlled Substances

(a) Any person subject to this article 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 any state military forces a substance described in subsection (b) shall be punished as a court-martial may direct.(b) The substances referred to in subsection (a) 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 subdivision (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the Armed Forces of the United States.(3) Any other substance not specified in subdivision (1) or contained on a list prescribed by the President under subdivision (2) that is listed in schedules I through V of article 202 of the Controlled Substances Act 21 U.S.C. §812.
WV Code § 15-1E-113 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-113. Misbehavior of Sentinel

Any sentinel or look-out who is found drunk or sleeping upon his post or leaves it before being regularly relieved, shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment as a court-martial may direct.
WV Code § 15-1E-114 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-114. Dueling

Any person subject to this article who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
WV Code § 15-1E-115 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-115. Malingering

Any person subject to this article who for the purpose of avoiding work, duty, or service:(1) Feigns illness, physical disablement, mental lapse, or derangement; or(2) Intentionally inflicts self-injury; shall be punished as a court-martial may direct.
WV Code § 15-1E-116 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-116. Riot or Breach of Peace

Any person subject to this article who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
WV Code § 15-1E-117 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-117. Provoking Speeches or Gestures

Any person subject to this article who uses provoking or reproachful words or gestures towards any other person subject to this article shall be punished as a court-martial may direct.
WV Code § 15-1E-132 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-132. Frauds Against the Government

Any person subject to this article:(1) Who, knowing it to be false or fraudulent:(A) Makes any claim against the United States, the state, 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, 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, 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, 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, furnished or intended for the Armed Forces of the 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; shall, upon conviction, be punished as a court-martial may direct.
WV Code § 15-1E-133 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-133. Conduct Unbecoming an Officer and a Gentleman

Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
WV Code § 15-1E-134 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-134. General Article

Though not specifically mentioned in this article, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this article and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with subsection (b), section two of this article.
WV Code § 15-1E-135 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-135. Courts of Inquiry

§15-1E-135. Courts of inquiry.(a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.(c) Any person subject to this article whose conduct is subject to inquiry shall be designated as a party. Any person subject to this article who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
WV Code § 15-1E-136 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-136. Authority to Administer Oaths and to Act as Notary

(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 naval militia.(5) All other persons designated by regulations of the Armed Forces of the United States or by statute.(b) The following persons may administer oaths necessary in the performance of their duties:(1) The president, military judge, and 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) The signature without seal of any such person, together with the title of his office, is prima facie evidence of the person's authority.
WV Code § 15-1E-137 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-137. Articles to Be Explained

(a) (1) The sections of this article specified in subdivision (3) shall be carefully explained to each enlisted member at the time of, or within thirty days after, the member's initial entrance into a duty status with the state military forces.(2) Such section shall be explained again:(A) After the member has completed basic or recruit training; and(B) At the time when the member reenlists.(3) This subsection applies with respect to sections two, three, seven through fifteen, twenty-five, twenty-seven, thirty-one, thirty-seven, thirty-eight, fifty-five, seventy-seven through one hundred thirty-four, and one hundred thirty-seven through one hundred thirty-nine of this article.(b) The text of the article and of the regulations prescribed under this article shall be made available to a member of the state military forces, upon request by the member, for the member's personal examination.
WV Code § 15-1E-138 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-138. Complaints of Wrongs

Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.
WV Code § 15-1E-139 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-139. Redress of Injuries to Property

(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, that person may, under such regulations prescribed, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
WV Code § 15-1E-140 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-140. Delegation by the Governor

The Governor may delegate any authority vested in the Governor under this article, and provide for the sub delegation of any such authority, except the power given the Governor by section twenty-two of this article.
WV Code § 15-1E-141 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-141. Payment of Fees, Costs and Expenses

(a) The fees and authorized travel expenses of all witnesses, experts, victims, court reporters and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the military justice fund.(b) For the foregoing purposes, there is created in the State Treasury a special revenue account, designated the Military Justice Fund that shall be administered by the Adjutant General, from which expenses of military justice shall be paid in the amounts and manner as prescribed by law. The Legislature may appropriate and have deposited in the Military Justice Fund such funds as it deems necessary to carry out the purposes of this article.
WV Code § 15-1E-142 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-142. Payment of Fines and Disposition Thereof

(a) Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:(1) By cash or money order;(2) By credit or debit cards in accordance with rules promulgated by the Adjutant General. Any charges made by the credit company shall be paid by the person responsible for paying the fine or costs;(3) By retention of any pay or allowances due or to become due the person fined from any state or the United States;(4) By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.(b) Unless otherwise required by law, a military court may collect a portion of any costs or fines at the time the amount is imposed by the court so long as the court requires the balance to be paid in accordance with a payment plan which specifies:(1) The number of payments to be made;(2) the dates on which the payments are due; and(3) the amounts due for each payment. The written agreement represents the minimum payments and the last date those payments may be made. The obligor or the obligor's agent may accelerate the payment schedule at any time by paying any additional portion of any costs or fines.(c) If any costs or fines imposed by a military court or through nonjudicial punishment in a case are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the Adjutant General may notify the Commissioner of the Division of Motor Vehicles of the failure to pay: Provided, That in a case in which a person is a nonresident of this state and is assessed a fine or costs by a military court or through nonjudicial punishment, the Adjutant General may notify the Division of Motor Vehicles of the failure to pay within eighty days from the date of judgment and expiration of any stay of execution. Upon notice, the Division of Motor Vehicles shall suspend any privilege the person defaulting on payment may have to operate a motor vehicle in this state, including any driver's license issued to the person by the Division of Motor Vehicles, until all costs or fines are paid in full: Provided, That any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay, may, if he or she is employed on a full or part-time basis, petition to the Adjutant General for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the Adjutant General of inability to pay, employment and compliance with other applicable motor vehicle laws, the Adjutant General shall issue an order granting relief.(d) Any sum so received or retained shall be deposited in the Military Justice Fund or to whomever the court so directs.
WV Code § 15-1E-143 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-143. Uniformity of Interpretation

This article 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, United States Code.
WV Code § 15-1E-144 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-144. Immunity for Action of Military Courts

All persons acting under the provisions of this article, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions which they did or failed to do as part of their duties under this article.
WV Code § 15-1E-146 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-146. Short Title

This article may be cited as the "Uniform State Code of Military Justice (USCMJ)."
WV Code § 15-1E-147 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-147. Time of Taking Effect

This act takes effect July 1, 2010.
WV Code § 15-1E-148 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-148. Supersedes Existing State Military Justice Codes

Upon enactment and the effective date, this law supersedes all existing statutes, ordinances, directives, rules, regulations, orders and other laws in the state covered by the subject matter of this law, and all such statutes, ordinances, directives, rules, regulations, orders and other laws are hereby repealed.