reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1076 - Finality of proceedings, findings, and sentences; binding effect

The appellate review of records of trial provided by this article, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this article, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this article shall be final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings shall be binding upon all departments, courts, agencies, and officers of the United States and officers of another state subject only to action upon a petition for a new trial as provided in Code Section
38-2-1073
and to action under Code Section
38-2-1074
.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1076.1 - Court-martial sentence requires taking leave

Under regulations prescribed pursuant to Part 1 of Article 2 of this chapter, an accused who has been sentenced by a court-martial shall be required to take leave pending completion of action under this Code section if the sentence as approved under Code Section
38-2-1060
includes an unsuspended dismissal or an unsuspended dishonorable or bad conduct discharge. The accused shall be required to begin such leave on the date on which the sentence is approved under Code Section
38-2-1060
or at any time after such date, and such leave shall be continued until the date on which action under this Code section is completed or may be terminated at any earlier time.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1077 - Principals

Any person subject to this article who:
(1)
Commits an offense punishable by this article or aids, abets, counsels, commands, or procures its commission; or
(2)
Causes an act to be done which if directly performed by that person would be punishable by this article
is a principal.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1078 - Accessory after the fact

Any person subject to this article who, knowing that an offense punishable by this article 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 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1079 - Conviction of lesser included offense

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1080 - Attempts

(a)
An act, done with specific intent to commit an offense under this article, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense.
(b)
Any person subject to this article who attempts to commit any offense punishable by this article shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c)
Any person subject to this article may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1081 - Conspiracy

Any person subject to this article who conspires with any other person to commit an offense under this article 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 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1082 - Solicitation of desertion, mutiny, misbehavior before the enemy, or sedition

(a)
Any person subject to this article who solicits or advises another or others to desert in violation of Code Section
38-2-1085
or mutiny in violation of Code Section
38-2-1094
shall, 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 committed or attempted, the person shall be punished as a court-martial may direct.
(b)
Any person subject to this article who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Code Section
38-2-1099
or sedition in violation of Code Section
38-2-1094
shall, 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 person shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1083 - Fraudulent enlistment, appointment, or separation

Any person who:
(1)
Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2)
Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to his or her eligibility for that separation
shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1084 - Unlawful enlistment, appointment, or separation

Any person subject to this article who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1085 - Desertion

(a)
Any member of the organized militia shall be guilty of desertion who:
(1)
Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;
(2)
Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3)
Without being regularly separated from the organized militia, enlists or accepts another appointment in the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States.
(b)
Any commissioned officer of the organized militia 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 shall be guilty of desertion.
(c)
Any person found guilty of desertion or attempt to desert shall be punished by:
(1)
Confinement of not more than ten years or such other punishment as a court-martial may direct if the offense is committed in time of war; or
(2)
Punishment as a court-martial may direct if the offense occurs at any time other than in time of war.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1086 - Absence without leave

Any person subject to this article shall be punished as a court-martial may direct who, without authority:
(1)
Fails to go to his or her appointed place of duty at the time prescribed;
(2)
Goes from his or her place of duty; or
(3)
Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which the person is required to be at the time prescribed.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1087 - Missing movement of ship, aircraft, or unit

Any person subject to this article 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1088 - 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, or the Governor or General Assembly shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1089 - Disrespect toward a superior officer

Any person subject to this article who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1090 - Assaulting or willfully disobeying officer

Any person subject to this article who:
(1)
Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against said superior commissioned officer while he or she is in the execution of his or her office; or
(2)
Willfully disobeys a lawful command of his or her superior commissioned officer
shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or such other punishment as a court-martial may direct, or if the offense is committed at any time other than a time of war, by such punishment as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1091 - Insubordination toward warrant or noncommissioned officer

Any warrant officer or enlisted member shall be punished as a court-martial may direct who:
(1)
Strikes or assaults a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his or her office;
(2)
Willfully 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 that officer is in the execution of his or her office.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1092 - Failure to obey order or regulation

Any person subject to this article shall be punished as a court-martial may direct 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 organized militia, which it is his or her duty to obey, fails to obey the order; or
(3)
Is derelict in the performance of his or her duties.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1093 - Cruelty and maltreatment of others under one's command

Any person subject to this article 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 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1094 - Mutiny and sedition

(a)
Any person subject to this article who:
(1)
With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance shall be guilty of mutiny;
(2)
With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority shall be guilty of sedition; or
(3)
Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which the person knows or has reason to believe is taking place, shall be guilty of a failure to suppress or report a mutiny or sedition.
(b)
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1095 - Resistance, breach of arrest, and escape

Any person subject to this article shall be punished as a court-martial may direct who:
(1)
Resists apprehension;
(2)
Flees from apprehension;
(3)
Breaks arrest; or
(4)
Escapes from custody or confinement.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1096 - Assistance in a prisoner's escape

Any person subject to this article who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1097 - Unlawful detention

Any person subject to this article who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1098 - Noncompliance with procedural rules; unnecessary delay

Any person subject to this article shall be punished as a court-martial may direct who:
(1)
Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this article; or
(2)
Knowingly and intentionally fails to enforce or comply with any provision of this article regulating the proceedings before, during, or after trial of an accused.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1099 - Misbehavior before the enemy

Any person subject to this article shall be punished as a court-martial may direct who before or in the presence of the enemy:
(1)
Runs away;
(2)
Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend;
(3)
Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4)
Casts away his or her arms or ammunition;
(5)
Is guilty of cowardly conduct;
(6)
Quits his or her place of duty to plunder or pillage;
(7)
Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the organized militia;
(8)
Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing which it is his or her duty so to encounter, engage, capture, or destroy; or
(9)
Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to this state, or to another state, when engaged in battle.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1100 - Compelling surrender

Any person subject to this article who compels or attempts to compel a commander, an individual in command of the National Guard of another state, or an individual in command of a vessel, aircraft, or other military property or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1101 - Disclosure or improper use of countersign or parole

Any person subject to this article who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, the person was authorized and required to give, shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1102 - Forcing a safeguard

Any person subject to this article who forces a safeguard shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1103 - Captured or abandoned property; trading and looting prohibited

(a)
All persons subject to this article shall secure all public property taken for the service of the United States or this state or another state and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
(b)
Any person subject to this article shall be punished as a court-martial may direct who:
(1)
Fails to carry out the duties prescribed in subsection (a) of this Code section;
(2)
Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or
(3)
Engages in looting or pillaging.
Amended by 2016 Ga. Laws 625,§ 38, eff. 5/3/2016.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1104 - Aiding the enemy

Any person subject to this article shall be punished as a court-martial may direct 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1105 - Misconduct as prisoner of war

Any person subject to this article shall be punished as a court-martial may direct 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1107 - Signing false official document; making false official statement

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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1108 - Military property; loss, damage, destruction, or wrongful disposition

Any person subject to this article shall be punished as a court-martial may direct who, without proper authority:
(1)
Takes, sells, or otherwise disposes of any military property of the United States or of another state;
(2)
Willfully or through neglect damages, destroys, or loses any military property of the United States or of another state; 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 another state.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1109 - 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 takes, sells, destroys, or damages any property of another other than military property of the United States or of another state shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1110 - Willful or negligent 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 organized militia shall be punished 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 the organized militia shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1111 - Driving while under the influence of drugs or alcohol

Any person subject to this article shall be punished as a court-martial may direct who:
(1)
Drives, operates, or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance as described in subsection (b) of Code Section
38-2-1112.1
; or
(2)
Drives, operates, or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood is equal to or exceeds 0.08 grams of alcohol per 100 milliliters of blood, as shown by chemical analysis, within three hours after such operation or control, or the person's breath is equal to or exceeds 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis, within three hours after such operation or control.
Amended by 2016 Ga. Laws 625,§ 38, eff. 5/3/2016.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1112 - Under the influence of alcohol while on duty

Any person subject to this article, other than a sentinel or lookout, who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her mental or physical faculties on duty shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1112.1 - Use, possession, manufacture, distribution, or importation of certain controlled substances; exceptions

(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 the organized militia a substance described in subsection (b) of this Code section shall be punished as a court-martial may direct.
(b)
The substances provided for by subsection (a) of this Code section shall be:
(1)
Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance;
(2)
Any substance not specified in paragraph (1) of this subsection that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces of the United States,
10 U.S.C. Section 801
, et seq.; and
(3)
Any other substance not specified in paragraph (1) of this subsection or contained on a list prescribed by the President under paragraph (2) of this subsection that is listed in schedules I through V of the Controlled Substances Act,
21 U.S.C. Section 812
.
Amended by 2016 Ga. Laws 625,§ 38, eff. 5/3/2016.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1113 - Drunk or sleeping while standing post

Any sentinel or lookout who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her mental or physical faculties or sleeping upon his or her 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 time other than in time of war, by such punishment as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1115 - Malingering; feigning illness; self-infliction of injury

Any person subject to this article shall be punished as a court-martial may direct 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1116 - 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1117 - Provoking words or gestures

Any person subject to this article who uses provoking or reproachful words or gestures toward any other person subject to this article shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1118 - through 38-2-1130 - Reserved

Code 1981, §§ 38-2-1118 through 38-2-1130, enacted by Ga. L. 2015, p. 753, § 1/HB 98.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1131 - Perjury

Any person subject to this article is guilty of perjury and shall be punished as a court-martial may direct who in a judicial proceeding or in a course of justice willfully and corruptly:
(1)
Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
(2)
In any declaration, certificate, verification, or statement under penalty of perjury, subscribes any false statement material to the issue or matter of inquiry.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1132 - Fraudulent claims against the government

Any person subject to this article shall, upon conviction, be punished as a court-martial may direct:
(1)
Who, knowing it to be false or fraudulent:
(A)
Makes any claim against the United States, this 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, this state, or any officer thereof;
(2)
Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, this state, or any officer thereof:
(A)
Makes or uses any writing or other paper or electronic submission 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 or electronic submission 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 this state, furnished or intended for the armed forces of the United States or the organized militia, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person 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 this state, furnished or intended for the armed forces of the United States or the organized militia, 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 this state.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1133 - Conduct unbecoming an officer

Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 10 - PUNITIVE PROVISIONS (§§ 38-2-1077 — 38-2-1134) › Section 38-2-1134 - General provision

Though not specifically mentioned in this article, all disorders and neglects to the prejudice of good order and discipline in the organized militia and all conduct of a nature to bring discredit upon the organized militia 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 shall be determined in accordance with subsection (b) of Code Section
38-2-1002
.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1135 - Courts of inquiry; composition; parties; report

(a)
Courts of inquiry to investigate any matter of concern to the organized militia 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 shall consist 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 shall 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1136 - Authority to administer oaths; limitations; effect of signature

(a)
The following persons shall have the power to 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; and
(5)
All other persons designated by regulations of the armed forces of the United States or by law.
(b)
The following persons shall have the power to 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; and
(6)
All other persons designated by regulations of the armed forces of the United States or by law.
(c)
The signature without seal of any such person provided for by subsections (a) and (b) of this Code section, together with the title of his or her office, is prima facie evidence of the person's authority.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1136.1 - Marshals; duties, powers, immunities

(a)
Military judges may appoint and, at any time, remove one or more marshals who shall execute any process, mandate, or order issued by the judge and shall perform all acts and duties by this chapter imposed on or authorized to be performed by any sheriff as defined in Code Section
15-16-10
.
(b)
All such marshals shall be deemed peace officers and for the purposes of this article shall have all the powers and immunities of peace officers.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 11 - MISCELLANEOUS PROVISIONS (§§ 38-2-1135 — 38-2-1145) › Section 38-2-1137 - Explanation of Code sections to enlisted personnel

(a)
(1)
The Code sections specified in paragraph (3) of this subsection shall be carefully explained to each enlisted member at the time of, or within 90 days after, the member's initial entrance into a duty status with the organized militia.
(2)
Such articles as provided for by paragraph (1) of this subsection 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 shall apply with respect to this Code section and Code Sections
38-2-1002
through
38-2-1005
,
38-2-1007
through
38-2-1014
,
38-2-1015
,
38-2-1025
,
38-2-1027
,
38-2-1031
,
38-2-1037
,
38-2-1038
,
38-2-1055
,
38-2-1077
through
38-2-1134
,
38-2-1138
, and
38-2-1139
.
(b)
The text of this article and of the regulations prescribed hereunder shall be made available to a member of the organized militia, upon request by the member, for the member's personal examination.
(c)
Failure to provide the explanations of this article as provided for by this Code section shall not be a defense to a court-martial proceeding, the administration of nonjudicial punishment, or any other action.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.