reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.580. Record of trial.

(a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record must be authenticated by the signature of the military judge. If the military judge cannot authenticate the record because of the military judge's death, disability, or absence, the record shall be authenticated by the signature of the trial counsel or, if the trial counsel is unable to authenticate the record because of the trial counsel's death, disability, or absence, then by the signature of a member of the court. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose a duty on a member under this subsection.
(b) In each general and special court-martial case resulting in a conviction, a complete verbatim record of the proceedings and testimony shall be prepared. In all other court-martial cases, the record must contain the matters as may be prescribed by rules of procedure.
(c) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by rules of procedure.
(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as the record is authenticated.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.585. Cruel and unusual punishments prohibited.

A court-martial may not impose on a member of the militia punishment by flogging, branding, marking, or tattooing on the body, or another cruel or unusual punishment. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.590. Punishments; maximum limits.

(a) A court-martial may not impose a punishment that exceeds the limits set out in the code of military justice and may not impose a sentence of death. A sentence of confinement imposed under this chapter may not exceed 10 years. An offense under this chapter that is punishable by a term of confinement of more than one year is a felony offense. Except for convictions by a summary court-martial and except as otherwise specifically provided in the code of military justice, all other offenses under this chapter are misdemeanors. A conviction by a summary court-martial is a violation.
(b) A nonjudicial punishment may not include a sentence of confinement or separation from military service.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.595. Deferment of sentences.

(a) If an accused is under sentence to confinement that has not yet been ordered executed, the convening authority or, if the accused is no longer under the convening authority's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed may, in that person's sole discretion, defer service of the sentence to confinement. The deferment terminates when the sentence is ordered to be executed. The deferment may be rescinded at any time by the authority who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed.
(b) If a court-martial sentences an accused to confinement, the convening authority may, without the consent of the accused, defer the service of the sentence until after the accused has been permanently released to the militia of the state by a state, the United States, or a foreign country
(1) that had custody of the accused;
(2) that temporarily returned the accused to the militia of the state for trial by court-martial; and
(3) to which, after the court-martial, the militia of the state returned the accused under the authority of a mutual agreement or treaty.
(c) In a case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under AS 26.05.615, 26.05.640, or 26.05.645 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
(d) In (b) of this section, “state” includes the District of Columbia and any commonwealth, territory, or possession of the United States.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.600. Execution of confinement.

A person must serve a sentence of confinement imposed by a court-martial, whether or not the sentence includes discharge or dismissal from the militia of the state, and whether or not the discharge or dismissal has been executed. The sentence may be carried into execution by confinement in a place authorized by the code of military justice. A person confined under the code of military justice is subject to the same discipline and treatment as other persons confined or committed to the place of confinement.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.605. Error of law; lesser included offense.

(a) A finding or sentence of a 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) A reviewing authority authorized under the code of military justice to approve or affirm a finding of guilt may approve or affirm, instead, so much of the finding as includes a lesser included offense under this chapter.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.610. Withdrawal of appeal.

In a case subject to appellate review under the code of military justice, the accused may, at any time, file with the convening authority a written statement expressly withdrawing the right of the accused to the appeal. The withdrawal shall be signed by both the accused and the accused's defense counsel and filed in accordance with rules of procedure.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.615. Appeal by the state.

(a) In a trial by court-martial in which a punitive discharge may be imposed, the state may appeal to the Military Appeals Commission established under this chapter
(1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
(2) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
(3) an order or ruling that directs the disclosure of classified information;
(4) an order or ruling that imposes sanctions for nondisclosure of classified information;
(5) the refusal of the military judge to issue a protective order sought by the prosecution to prevent the disclosure of classified information;
(6) the refusal of the military judge to enforce an order issued under (5) of this subsection that was previously issued by an appropriate authority.
(b) 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 72 hours after the order or ruling. The notice must 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 that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(c) An appeal under this section shall be forwarded to the Military Appeals Commission under AS 26.05.640. In ruling on the appeal, the Military Appeals Commission may act only with respect to matters of law.
(d) A period of delay resulting from an appeal under this section shall be excluded in deciding an issue involving the 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 frivolous and without merit.
(e) The state may not appeal a finding of not guilty with respect to a charge or specification by the members of the court-martial, or by a judge in a bench trial if the finding was not made on reconsideration.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.620. Vacation of suspension.

(a) A probationer serving a period of probation under a sentence suspended by a special court-martial that, as approved, includes a bad-conduct discharge, or a suspended general court-martial sentence, is entitled to a hearing before the suspension is vacated. The probationer shall be represented at the hearing by military counsel if the probationer requests representation.
(b) If the suspended sentence was imposed by a special court-martial, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, the unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in the code of military justice.
(c) The suspension of another sentence may be vacated by an authority for the command in which the accused is serving or detailed who is competent to convene a court of the kind that imposed the sentence.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.625. Petition for a new trial.

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.630. Restoration.

(a) All rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed on 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 governor may substitute an administrative form of discharge unless the accused is to serve out the remainder of the accused's enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the governor may substitute an administrative form of discharge, and a commissioned officer dismissed under the original sentence may be reappointed by the governor alone to the commissioned grade and rank that, in the opinion of the governor, the former officer would have attained had the officer not been dismissed. The reappointment of the former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only to the extent the governor may direct. The time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.635. Leave required to be taken pending review of court-martial convictions.

In accordance with rules adopted under AS 26.05.360, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin the leave on the date on which the sentence is approved under the code of military justice, or at any time after that date, and the leave may be continued until the date on which action under this chapter is completed, or may be terminated at an earlier time.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.645. Review by civilian court.

(a) After exhausting all remedies available under the code of military justice, a party may file a petition for review in the Alaska supreme court from a final decision of the Military Appeals Commission that upholds a conviction and sentence imposed by a general or special court-martial for an offense under this chapter if the sentence
(1) includes confinement imposed under the code of military justice; and
(2) meets the criteria for appeal under AS 12.55.120.
(b) A decision by the Alaska supreme court on a matter reviewed under a petition filed under (a) of this section is final and binding on all parties, the Military Appeals Commission, and the court-martial.
(c) A party filing a petition for review under this section shall comply with the rules of court applicable to petitions for review in the appellate courts, including the deadlines for filing.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.650. Appellate and civilian counsel.

(a) If the attorney general requests representation, the senior force judge advocate shall detail a judge advocate as appellate counsel to represent the state in a proceeding filed under AS 26.05.640 as civilian counsel, in a petition filed under AS 26.05.645, or as counsel before any federal court.
(b) The accused has the right to be represented by detailed military counsel before the Military Appeals Commission under AS 26.05.640 and before the reviewing court in a petition filed under AS 26.05.645.
(c) Upon the request of an accused entitled to be represented under (b) of this section, the senior force judge advocate shall detail a judge advocate to represent the accused in a review or appeal. Counsel detailed under this subsection shall meet the criteria for counsel under AS 26.05.475(d).
(d) A person who has acted as investigating officer, trial counsel, military judge, witness, or court member in the case may not act as civilian review counsel for the accused detailed under (c) of this section.
(e) An accused may choose to be represented by civilian counsel at the expense of the accused.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.655. Authority to administer oaths and act as notary public.

(a) The following persons may administer oaths for the purposes of military administration, including military justice:
(1) a judge advocate;
(2) a summary court-martial;
(3) the adjutant general and assistant adjutant generals;
(4) a commanding officer of the militia;
(5) a person authorized by federal or state statute or regulation or by regulations of the armed forces of the United States or the state to administer oaths or act as a notary public.
(b) The following persons may administer oaths necessary in the performance of their duties:
(1) the president, military judge, and trial counsel for general and special courts-martial;
(2) an officer designated to take a deposition;
(3) a person detailed to conduct an investigation;
(4) a recruiting officer;
(5) a person authorized by federal or state statute or regulation or by regulations of the armed forces of the United States to administer oaths or act as a notary public.
(c) The person's signature without seal, together with the title of the person's office, is prima facie evidence of the person's authority to administer oaths and act as a notary public under this section.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.660. Delegation by the governor.

The governor may delegate any authority vested in the governor under the code of military justice, and provide for the subdelegation of the authority, except the powers given to the governor by AS 26.05.170 and 26.05.450.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.665. Military justice account.

(a) The military justice account is established in the general fund for the purpose of paying the expenses of the department in carrying out its duties relating to the code of military justice, including the fees and authorized travel expenses of witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, costs of collection, apprehension, detention, and confinement, pay and allowances for court-martial duty, and all other necessary expenses of the prosecution and administration of military justice not otherwise payable by another source.
(b) The account consists of money appropriated to it by the legislature and interest received on money in the account.
(c) The department may use money appropriated to the account to pay for expenses related to the duties described in (a) of this section.
(d) Money appropriated to the account does not lapse.
(e) Nothing in this section creates a dedicated fund.
(f) In this section, “account” means the military justice account established under (a) of this section.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.670. Payment, collection, and deposit of fines.

(a) A fine imposed by a military court or through the imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing process.
(b) If the person on whom the fine was imposed fails to pay, the department may collect the fine by
(1) retaining pay or allowances due or to become due to the person fined from the militia of the state or the United States;
(2) garnishment or levy, together with costs, on the wages, goods, and property of a person delinquent in paying a fine in accordance with AS 09.38.
(c) A fine or penalty required to be paid under this section shall be deposited into the general fund and accounted for under AS 37.05.142.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.675. Pay and allowances for court-martial duty.

For each day of duty as a member of a general court-martial, or as a witness under summons from the president or judge advocate of the court, officers and enlisted persons shall be paid as provided in AS 26.05.260(b).
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.680. Uniformity of interpretation.

The code of military justice shall be construed to carry out its general purpose and, so far as practicable, in a manner uniform with 10 U.S.C. 801 - 946.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.685. Immunity for action of military courts.

A person acting under the code of military justice, whether as a member of the militia or as a civilian, shall be immune from any personal liability for any of the acts or omissions that the person did or failed to do as part of the person's duties under the code of military justice.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.690. Principals.

A member of the militia who commits an offense under this chapter, or aids, abets, counsels, commands, solicits, or procures the commission of the offense, or causes an act to be done that, if directly performed by the member, would be punishable under this chapter, is a principal.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.695. Accessory after the fact.

A member of the militia who, knowing that an offense under this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.697. Misprision of serious offense.

A member of the militia who (1) knows that another person has committed a serious offense, (2) wrongfully conceals the commission of the offense, and (3) fails to make the commission of the offense known to a civilian or military authority as soon as possible may be punished by up to three years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.700. Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged, of an attempt to commit either the offense under this chapter charged or an offense necessarily included in the offense charged, or of an offense designated by the President of the United States, in the most recent Manual for Courts-Martial, United States, as a presidentially prescribed lesser included offense under 10 U.S.C. 879.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.705. Attempts.

(a) An act done with specific intent to commit an offense under this chapter that amounts to more than mere preparation and tends, even though failing, to effect its commission, is an attempt to commit the offense.
(b) A member of the militia who attempts to commit an offense under this chapter may be punished as a court-martial may direct, unless otherwise specifically prescribed. However, a court-martial may not direct a punishment for an attempt to commit an offense that is greater than the maximum punishment for the offense.
(c) A member of the militia may be convicted of an attempt to commit an offense under this chapter even if it appears, at the trial, that the offense was consummated.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.710. Conspiracy.

A member of the militia who conspires with another person to commit an offense under this chapter may, 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, unless otherwise specifically prescribed. However, a court-martial may not direct a punishment for conspiracy to commit an offense that is greater than the maximum punishment for the offense.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.715. Solicitation.

(a) A member of the militia who solicits or advises another or others to desert in violation of AS 26.05.730 or to mutiny in violation of AS 26.05.775 may, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not attempted or committed, the member may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
(b) A member of the militia who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of AS 26.05.800 or an act of sedition in violation of AS 26.05.775 may, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the member may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
(c) A member of the militia who solicits or advises another person to commit an offense under this chapter, other than an offense specified in (a) or (b) of this section, may be punished by confinement for up to the maximum punishment of the underlying offense, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.720. Fraudulent enlistment, appointment, or separation.

A person who procures the person's own enlistment or appointment in the militia of the state by knowingly false representation or deliberate concealment as to the person's qualifications for the enlistment or appointment and receives pay or allowances under the enlistment or appointment, or procures the person's own separation from the militia of the state by knowingly false representation or deliberate concealment as to the person's eligibility for that separation, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.725. Unlawful enlistment, appointment, or separation.

A member of the militia who effects an enlistment or appointment in or a separation from the militia of the state of a person who is known to the member to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.730. Desertion.

(a) A person is guilty of desertion if the person is a member of the militia and
(1) without authority, goes or remains absent from the person's unit, organization, or place of duty with intent to remain away from the unit, organization, or place of duty permanently;
(2) quits the person's unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one force of the militia of the state,
(A) enlists or accepts an appointment in the same or another force of the militia of the state, the military forces of another state, or one of the armed forces of the United States, without fully disclosing the fact that the person has not been regularly separated; or
(B) enters a foreign armed service except when authorized by the United States.
(b) A commissioned officer of the militia commits the offense of desertion if, after tender of the officer's resignation and before notice of its acceptance, the officer quits the officer's post or proper duties without leave and with intent to remain away permanently.
(c) A person found guilty of desertion or attempt to desert may be punished, if the offense is committed in time of war, or emergency as described in AS 26.05.070,
(1) by confinement of not more than 10 years, by separation with a characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the offense is committed in time of war;
(2) by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the desertion or attempt to desert occurs at a time other than a time of war.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.735. Absence without leave.

A member of the militia who, without authority, (1) fails to go to the member's appointed place of duty at the time prescribed, (2) goes from the member's place of duty, or (3) is absent or remains absent from the member's unit, organization, or place of duty at which the member is required to be at the time prescribed may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.737. False or unauthorized pass offenses.

(a) A member of the militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
(b) A member of the militia who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
(c) A member of the militia who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.740. Missing movement; jumping from vessel.

A member of the militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or unit with which the member is required, in the course of duty, to move, or (2) intentionally or wrongfully jumps into the water from a vessel in use by the armed forces may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.745. Contempt toward officials.

(a) A commissioned officer of the militia who uses contemptuous words against the President or Vice President of the United States, the United States Congress, the United States Secretary of Defense, the United States Secretary of Homeland Security, the secretary of a military department of the United States, or the governor or legislature of this state may be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct.
(b) A court-martial may not impose a sentence of confinement under this section.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.750. Disrespect toward superior commissioned officer.

(a) A member of the militia who behaves with disrespect toward the member's superior commissioned officer may be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct.
(b) A court-martial may not impose a sentence of confinement under this section.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.755. Assaulting or wilfully disobeying superior commissioned officer.

A member of the militia who (1) strikes the member's superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior officer while the superior officer is in the execution of the superior officer's office, or (2) wilfully disobeys a lawful command of the member's superior commissioned officer may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.760. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

A warrant officer or enlisted member of the militia who (1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while the officer is in the execution of the officer's office, (2) wilfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer, or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while the officer is in the execution of the officer's office may be punished by up to two years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.765. Failure to obey order or regulation.

Any member of the militia who (1) violates or fails to obey a lawful general order or regulation, (2) having knowledge of any other lawful order issued by a member of the militia of the state that the member has a duty to obey, fails to obey the order, or (3) is derelict in the performance of the member's duties may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty officer, agent, or official.

(a) A member of the militia who wrongfully and wilfully impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of superior authority of one of the armed forces of the United States or of the militia of the state, or (3) an official of a government shall be punished as a court-martial may direct.
(b) A member of the militia who wrongfully, wilfully, and with intent to defraud impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of superior authority of one of the armed forces of the United States or of the militia of the state, or (3) an official of a government may be punished by up to three years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
(c) A member of the militia who wrongfully, wilfully, and without intent to defraud impersonates an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have may be punished by up to six months of confinement, by separation with characterization up to bad-conduct discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.

A member of the militia who wears on the member's uniform or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that the member is not authorized to wear may be punished by up to six months of confinement, by separation with characterization up to bad-conduct discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.770. Cruelty and maltreatment.

A member of the militia who is guilty of cruelty toward, or oppression or maltreatment of, another person subject to the member's orders may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.775. Mutiny or sedition.

(a) A member of the militia is guilty of mutiny if the member, with intent to usurp or override lawful military authority, refuses, in concert with another person, to obey orders or otherwise do the member's duty or creates violence or a disturbance.
(b) A member of the militia is guilty of sedition if the member, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with another person, revolt, violence, or other disturbance against the authority.
(c) A member of the militia is guilty of a failure to suppress or report a mutiny or sedition if the member fails to do the member's utmost to prevent and suppress a mutiny or sedition being committed in the member's presence or fails to take all reasonable means to inform the member's superior commissioned officer or commanding officer of a mutiny or sedition that the member knows or has reason to believe is taking place.
(d) A member who is found guilty of mutiny, sedition, or failure to suppress or report a mutiny or sedition under this section may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.780. Resistance, flight, breach of arrest, and escape.

A member of the militia who (1) resists apprehension, (2) flees from apprehension, (3) breaks arrest, or (4) escapes from custody or confinement may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.785. Releasing prisoner without proper authority; drinking or using drugs with prisoner.

(a) A member of the militia who, without proper authority, releases a prisoner committed to the member's charge or, through neglect or design, suffers a prisoner to escape may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
(b) A member of the militia who unlawfully drinks an alcoholic beverage with a prisoner or unlawfully uses a drug with a prisoner may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-marshal may direct, whether or not the prisoner was committed in strict compliance with law.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.790. Unlawful detention.

A member of the militia who, except as provided by law or regulation, apprehends, arrests, or confines another person may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.793. Wrongful interference with adverse administrative proceeding.

A member of the militia who, having reason to believe that an adverse administrative proceeding is pending against a person subject to this chapter, wrongfully acts with the intent to influence, impede, or obstruct the conduct of the proceeding or otherwise obstruct the due administration of justice may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.795. Noncompliance with procedural rules.

A member of the militia who knowingly and intentionally
(1) is responsible for unnecessary delay in the disposition of the case of another person accused of an offense under this chapter may be punished by up to six months of confinement, by separation with characterization up to a bad conduct discharge, and by such other punishment as a court-martial may direct; or
(2) fails to enforce or comply with a provision of this chapter regulating the proceedings before, during, or after trial of an accused may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.796. Wrongful refusal to testify.

A member of the militia who, during a preliminary hearing or in the presence of a court-martial, board of officers, military commission, court of inquiry, or officer taking a deposition of or for the state, wrongfully refuses to qualify as a witness or answer a question after having been directed to do so by the person presiding over the proceeding may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.798. Retaliation.

A member of the militia who, with the intent to retaliate against a person for reporting or planning to report a criminal offense or for making or planning to make a protected communication, or who, with the intent to discourage any person from reporting a criminal offense or from making or planning to make a protected communication, (1) wrongfully takes or threatens to take an adverse personnel action against a person or (2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to a person may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.800. Misbehavior before the enemy.

(a) A member of the militia is guilty of misbehavior before the enemy if the member is before or in the presence of the enemy, or is facing a threat as described in AS 26.05.070, and
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up a command, unit, place, or military property that the member has a duty to defend;
(3) through disobedience, neglect, or intentional misconduct, endangers the safety of the command, unit, place, or military property;
(4) casts away the member's arms or ammunition;
(5) engages in cowardly conduct;
(6) quits a place of duty to plunder or pillage;
(7) causes false alarms in a command, unit, or place under control of the armed forces of the United States or the militia of the state;
(8) wilfully fails to do the utmost to encounter, engage, capture, or destroy enemy troops, combatants, vessels, aircraft, or other thing that the member has a duty to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to the troops, combatants, vessels, or aircraft of the armed forces of the United States or an ally of the United States, this state, or another state when engaged in battle.
(b) A member found guilty of misbehavior before the enemy under this section may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.805. Subordinate compelling surrender.

A member of the militia who compels or attempts to compel the commander of the militia of this state or of any other state, of a place, a vessel, an aircraft, or another military property, or of a body of members of the armed forces to give it up to an enemy or to abandon it in the face of a threat described in AS 26.05.070, or who strikes the colors or flag to an enemy without proper authority, may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.810. Improper use of countersign.

A member of the militia who, in time of war, or emergency as described in AS 26.05.070, discloses the parole or countersign to a person not entitled to receive it or who gives to another person who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to the person's knowledge, the member was authorized and required to give may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.