reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 29 - Code Of Military Justice; Review Of Courts-martial › 48-2930 (KCMJ Art. 75) Restoration.

48-2930.
(KCMJ Art. 75) Restoration.
(a) Under such regulations as the governor may prescribe, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of this enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by the sentence may be reappointed by the governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had such former officer not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
History:
L. 1988, ch. 191, § 52; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 29 - Code Of Military Justice; Review Of Courts-martial › 48-2931 (KCMJ Art. 76) Finality of proceedings, findings and sentences.

48-2931.
(KCMJ Art. 76) Finality of proceedings, findings and sentences.
The appellate review of records of trial provided by this chapter, the proceedings, findings and sentence of courts-martial as approved, reviewed or affirmed as required by this code, and all dismissals and discharges carried into execution under sentence by courts-martial following approval, review or affirmation as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the state military force, subject only to action upon a petition for a new trial as provided in K.S.A. 48-2928 and to action by the adjutant general as provided in K.S.A. 48-2929, and the authority of the governor.
History:
L. 1988, ch. 191, § 53; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 29 - Code Of Military Justice; Review Of Courts-martial › 48-2932 (KCMJ Art. 76a) Leave required to be taken pending review of certain court-martial convictions.

48-2932.
(KCMJ Art. 76a) Leave required to be taken pending review of certain court-martial convictions.
Under regulations prescribed by the governor, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this section if the sentence, as approved under K.S.A. 48-2916 includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under K.S.A. 48-2916 or at any time after such date, and such leave may be continued until the date which action under this section is completed or may be terminated at any earlier time.
History:
L. 1988, ch. 191, § 54; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3001 Persons to be tried or punished.

48-3001.
Persons to be tried or punished.
No person may be tried or punished for any offense provided for in K.S.A. 48-3002 to 48-3044, inclusive, unless it was committed while the person was in a duty or technician status.
History:
L. 1972, ch. 203, § 48-3001; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3002 Principals.

48-3002.
Principals.
Any person subject to this code who:
(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or
(2) causes an act to be done which if directly performed by the person would be punishable by this code; is a principal.
History:
L. 1972, ch. 203, § 48-3002; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3003 Accessory after the fact.

48-3003.
Accessory after the fact.
Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3003; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3004 Conviction of lesser included offense.

48-3004.
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.
History:
L. 1972, ch. 203, § 48-3004; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3005 Attempts.

48-3005.
Attempts.
(a) An act, done with specific intent to commit an offense under this code, 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 code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
History:
L. 1972, ch. 203, § 48-3005; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3006 Conspiracy.

48-3006.
Conspiracy.
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3006; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3007 Solicitation.

48-3007.
Solicitation.
(a) Any person subject to this code who solicits or advises another or others to desert in violation of K.S.A. 48-3010 or mutiny in violation of K.S.A. 48-3019 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 code who solicits or advises another or others to commit an act of misbehavior before a hostile force in violation of K.S.A. 48-3024 or sedition in violation of K.S.A. 48-3019 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.
History:
L. 1972, ch. 203, § 48-3007; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3008 Fraudulent enlistment, appointment or separation.

48-3008.
Fraudulent enlistment, appointment or separation.
Any person who:
(1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to the person's eligibility for that separation; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3008; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3009 Unlawful enlistment, appointment, or separation.

48-3009.
Unlawful enlistment, appointment, or separation.
Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person 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.
History:
L. 1972, ch. 203, § 48-3009; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3010 Desertion.

48-3010.
Desertion.
(a) Any member of the state military forces who:
(1) Without authority goes or remains absent from the member's 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 one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact is guilty of desertion.
(b) Any commissioned officer of the state military forces who, after tender of resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3010; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3011 Absence without leave.

48-3011.
Absence without leave.
Any person subject to this code who, without authority:
(1) Fails to go to the person's appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) absents himself or herself or remains absent from the person's unit, organization, or place of duty at which he or she is required to be at the time prescribed; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3011; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3012 Missing movement.

48-3012.
Missing movement.
Any person subject to this code 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.
History:
L. 1972, ch. 203, § 48-3012; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3013 (KCMJ Art. 88) Contempt towards officials.

48-3013.
(KCMJ Art. 88) Contempt towards officials.
Any person subject to this code who uses contemptuous words against the president, the vice-president, congress, the secretary of defense, the governor or the governor of any other state, territory, commonwealth or possession in which that person may be serving, shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3013; L. 1988, ch. 191, § 55; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3014 Disrespect towards superior commissioned officer.

48-3014.
Disrespect towards superior commissioned officer.
Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3014; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3015 Assaulting or willfully disobeying superior commissioned officer.

48-3015.
Assaulting or willfully disobeying superior commissioned officer.
Any person subject to this code who:
(1) Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior commissioned officer while the officer is in the execution of his or her office; or
(2) wilfully disobeys a lawful command of his or her superior commissioned officer; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3015; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3016 Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

48-3016.
Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.
Any warrant officer or enlisted member 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; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3016; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3017 Failure to obey order or regulation.

48-3017.
Failure to obey order or regulation.
Any person subject to this code who:
(1) Violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the state military forces which it is the person's duty to obey, fails to obey the order; or
(3) is derelict in the performance of his or her duties; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3017; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3018 Cruelty and maltreatment.

48-3018.
Cruelty and maltreatment.
Any person subject to this code 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.
History:
L. 1972, ch. 203, § 48-3018; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3019 Mutiny or sedition.

48-3019.
Mutiny or sedition.
(a) Any person subject to this code 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 duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3019; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3020 Resistance, breach of arrest, and escape.

48-3020.
Resistance, breach of arrest, and escape.
Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3020; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3021 Releasing prisoner without proper authority.

48-3021.
Releasing prisoner without proper authority.
Any person subject to this code 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.
History:
L. 1972, ch. 203, § 48-3021; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3022 Unlawful detention of another.

48-3022.
Unlawful detention of another.
Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3022; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3023 Noncompliance with procedural rules.

48-3023.
Noncompliance with procedural rules.
Any person subject to this code who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3023; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3024 Misbehavior before a hostile force.

48-3024.
Misbehavior before a hostile force.
Any person subject to this code who before or in the presence of a hostile force:
(1) Runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place or military property which it is the person's 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 state military forces;
(8) willfully fails to do his or her utmost to encounter, engage, capture, or destroy any hostile force, combatants, vessels, aircraft, or any other thing, which it is the person's 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 the state, or to any other state, when engaged in battle; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3024; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3025 Subordinate compelling surrender.

48-3025.
Subordinate compelling surrender.
Any person subject to this code who compels or attempts to compel the commander of any of the military forces of the state, or of any other state, to give it up to a hostile force or to abandon it, or who strikes the colors or flag to a hostile force without proper authority, shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3025; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3026 Improper use of countersign.

48-3026.
Improper use of countersign.
Any person subject to this code who in time of war or civil disturbance 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 the person's knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3026; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3027 Forcing a safeguard.

48-3027.
Forcing a safeguard.
Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3027; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3028 Captured or abandoned property.

48-3028.
Captured or abandoned property.
(a) All persons subject to this code shall secure all public property taken from the hostile force for the service of the United States, or the state of Kansas, 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 code who:
(1) Fails to carry out the duties prescribed in subsection (a);
(2) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby that 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; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3028; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3029 Aiding a hostile force.

48-3029.
Aiding a hostile force.
Any person subject to this code who:
(1) Aids, or attempts to aid the hostile force 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 hostile force, either directly or indirectly; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3029; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3030 Misconduct of a prisoner.

48-3030.
Misconduct of a prisoner.
Any person subject to this code who, while in the hands of a hostile force in time of war or civil disturbance:
(1) For the purpose of securing favorable treatment by the person's captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by a hostile force as civilian or military prisoners; or
(2) while in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3030; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3031 False official statements.

48-3031.
False official statements.
Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
History: L. 1972, ch. 203, § 48-3031; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3032 Military property; loss, damage, destruction, or wrongful disposition.

48-3032.
Military property; loss, damage, destruction, or wrongful disposition.
Any person subject to this code who, without proper authority:
(1) Sells or otherwise disposes of;
(2) willfully or through neglect damages, destroys, or loses; or
(3) willfully or through neglect suffers to be damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States or of the state shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3032; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3033 Property other than military property; waste, spoilage or destruction.

48-3033.
Property other than military property; waste, spoilage or destruction.
Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.
History: L. 1972, ch. 203, § 48-3033; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3033a (KCMJ Art. 110) Improper hazarding of a vessel.

48-3033a.
(KCMJ Art. 110) Improper hazarding of a vessel.
(a) Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.
(b) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.
History:
L. 1988, ch. 191, § 56; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3034 (KCMJ Art. 111) Drunken or reckless driving.

48-3034.
(KCMJ Art. 111) Drunken or reckless driving.
Any person subject to this code who operates any vehicle in a manner proscribed by K.S.A. 8-1567 and amendments thereto, in a reckless or wanton manner or while impaired by a substance described in K.S.A. 48-3035a shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3034; L. 1988, ch. 191, § 57; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3035 Drunk on duty; sleeping on post; leaving post before relief.

48-3035.
Drunk on duty; sleeping on post; leaving post before relief.
Any person subject to this code who is found drunk, under the influence of any intoxicant, narcotic, barbiturate or somnifacient or similar substance, on duty or sleeping upon his or her post, or who leaves that post before he or she is regularly relieved, shall be punished as a court-martial may direct.
History: L. 1972, ch. 203, § 48-3035; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3035a (KCMJ Art. 112a) Wrongful use, possession, etc., of controlled substances.

48-3035a.
(KCMJ Art. 112a) Wrongful use, possession, etc., of controlled substances.
(a) Any person subject to this code 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 a substance described in subsection (b) shall be punished as a court-martial may direct.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance.
(2) Any substance not specific in subsection (b)(1) that is listed on a schedule of controlled substances prescribed by the president for the purposes of this article.
(3) Any other substance not specified in subsection (b)(1) or contained on a list prescribed by the president under subsection (b)(2) that is listed in schedules I through V of section 202 of the controlled substances act (21 U.S.C. 812).
History:
L. 1988, ch. 191, § 58; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3036 Dueling.

48-3036.
Dueling.
Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3036; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3037 Malingering.

48-3037.
Malingering.
Any person subject to this code who for the purpose of avoiding work, duty or service in the state military forces:
(1) Feigns illness, physical disablement, mental lapse or derangement; or
(2) intentionally inflicts self-injury; shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3037; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3038 Riot or breach of peace.

48-3038.
Riot or breach of peace.
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3038; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3039 Provoking speeches or gestures.

48-3039.
Provoking speeches or gestures.
Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3039; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3040 Perjury.

48-3040.
Perjury.
Any person subject to this code who in a judicial proceeding or in a court of justice conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3040; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3041 Frauds against the government.

48-3041.
Frauds against the government.
Any person subject to this code:
(1) Who, knowing it to be false or fraudulent:
(A) Makes any claim against the United States, the state, or any officer thereof; or
(B) presents to any person in the civil or military service thereof, for approval or payment any claim against the United States, the state or any officer thereof;
(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:
(A) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which 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 the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state; shall, upon conviction, be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3041; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3042 Larceny and wrongful appropriation.

48-3042.
Larceny and wrongful appropriation.
(a) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind:
(1) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation.
(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3042; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3043 Conduct unbecoming an officer and a gentleman.

48-3043.
Conduct unbecoming an officer and a gentleman.
Any commissioner officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
History:
L. 1972, ch. 203, § 48-3043; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 30 - Code Of Military Justice; Punitive Sections › 48-3044 (KCMJ Art. 134) Disorders and neglects.

48-3044.
(KCMJ Art. 134) Disorders and neglects.
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault, burglary or housebreaking, jurisdiction of which is reserved to civil courts.
History:
L. 1972, ch. 203, § 48-3044; L. 1988, ch. 191, § 59; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 31 - Code Of Military Justice; Miscellaneous Provisions › 48-3101 (KCMJ Art. 135) Courts of inquiry.

48-3101.
(KCMJ Art. 135) Courts of inquiry.
(a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry.
(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
(c) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the division of military affairs, 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 or affirmation to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
History:
L. 1972, ch. 203, § 48-3101; L. 1988, ch. 191, § 60; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 31 - Code Of Military Justice; Miscellaneous Provisions › 48-3102 (KCMJ Art. 136) Authority to administer oaths and act as notary.

48-3102.
(KCMJ Art. 136) Authority to administer oaths and act as notary.
(a) The following members of the state military forces, while attending unit training assemblies or annual training or while performing active state duty or otherwise under orders of the governor, may administer oaths for the purposes of military administration, including military justice, and have the general powers of a notary public in the performance of all notarial acts to be executed by members of the state military wherever they may be, by persons serving with, employed by or accompanying the state military forces outside the state, and by other persons subject to this code outside of the state:
(1) The state judge advocate general and all assistant judge advocates;
(2) all summary courts-martial;
(3) all adjutants, assistant adjutants, acting adjutants and personnel adjutants;
(4) all commanding officers; and
(5) all staff judge advocates and legal officers and acting or assistant staff judge advocates and legal officers.
(b) The following persons while attending unit training assemblies or annual training, while performing active state duty or otherwise under orders of the governor may administer oaths necessary in the performance of their duties:
(1) The president, military judge, trial counsel and assistant trial counsel for all general or 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; and
(5) all other persons designated by regulations of the governor.
(c) No fee may be paid to or received by any person for the performance of any notorial act herein authorized. The signature without seal of any such person, together with the title of the person's office, is prima facie evidence of his or her authority.
History:
L. 1972, ch. 203, § 48-3102; L. 1988, ch. 191, § 61; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 31 - Code Of Military Justice; Miscellaneous Provisions › 48-3103 Sections to be explained.

48-3103.
Sections to be explained.
K.S.A. 48-2102, 48-2103, 48-2201 to 48-2208, inclusive, 48-2301, 48-2503, 48-2505, 48-2702, 48-2801, 48-3001 to 48-3042, inclusive, and 48-3103 to 48-3105, inclusive, as well as those required sections of the United States code of military justice, shall be carefully explained to every enlisted member at the time of the member's enlistment or transfer or induction into the state military forces or within thirty (30) days thereafter. They shall also be explained annually to each unit of the state military forces. A complete text of this code and of the regulations prescribed by the governor thereunder shall be made available to any member of the state military forces, upon the member's request, for his or her personal examination.
History:
L. 1972, ch. 203, § 48-3103; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 31 - Code Of Military Justice; Miscellaneous Provisions › 48-3104 Complaints of wrongs.

48-3104.
Complaints of wrongs.
Any member of the state military forces who believes himself or herself wronged by the member's commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the governor or adjutant general.
History:
L. 1972, ch. 203, § 48-3104; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 31 - Code Of Military Justice; Miscellaneous Provisions › 48-3105 Redress of injuries to property.

48-3105.
Redress of injuries to property.
(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, the person may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (c), on any disbursing officer for the payment by him or her to the injured parties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the funds of the units of the state military forces to which the offenders belonged.
(c) Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in the person's behalf, and to cross-examine those appearing against him or her. The accused has the right of appeal to the next higher commander.
History:
L. 1972, ch. 203, § 48-3105; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 31 - Code Of Military Justice; Miscellaneous Provisions › 48-3106 (KCMJ Art. 46a) Execution of process and sentence.

48-3106.
(KCMJ Art. 46a) Execution of process and sentence.
(a) In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of this state.
(b) When the sentence of a court-martial, as approved and ordered executed, adjudges confinement, and the convening authority has approved the same in whole or in part, the reviewing authority, or the president of the military court or the summary court officer, shall issue a warrant of commitment to the sheriff or chief law enforcement officer of the county in which such court-martial was held or where the offense was committed, directing such sheriff to take the body of the person so sentenced and confine such person in the county jail of such county for the period named in such sentence, as approved, or until such sheriff or law enforcement officer may be directed to release such person by proper authority.
History:
L. 1972, ch. 203, § 48-3106; L. 1988, ch. 191, § 62; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 31 - Code Of Military Justice; Miscellaneous Provisions › 48-3107 (KCMJ Art. 46b) Process of military courts.

48-3107.
(KCMJ Art. 46b) Process of military courts.
(a) Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is within the state and the witnesses, books and records sought are also so located.
(b) Process and mandates may be issued by summary courts-martial, provost courts, or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
(c) All officers to whom process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
(d) The president of any court-martial, and any summary court officer, shall have authority to issue, under such president's or officer's hand, in the name of the state of Kansas, directed to any county sheriff, or chief law enforcement officer of a county, whose duty it shall be to serve or execute the same in the same manner in which like process is served or executed when issued by a magistrate, all necessary process, subpoenas, attachments, warrants or arrest and warrant of commitment.
History:
L. 1972, ch. 203, § 48-3107; L. 1988, ch. 191, § 63; July 1.