reglab/statecodes huggingface dataset:
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.40 - Sessions.

29B.40 Sessions.
1. At any time after the service of charges referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to this chapter, call the court into session without the presence of the members for the purpose of any of the following:
a. Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty.
b. Hearing and ruling upon any matter which may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court.
c. If permitted by rules of the adjutant general holding the arraignment and receiving the pleas of the accused.
d. Performing any other procedural function which may be performed by the military judge under this code or under rules adopted pursuant to this code and which does not require the presence of the members of the court.
2. a. These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record.
b. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
[C66, 71, 73, 75, 77, 79, 81, §29B.40; 82 Acts, ch 1042, §23]
2008 Acts, ch 1032, §201
Referred to in §29B.36
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.41 - Continuances.

29B.41 Continuances.
A military judge or court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
[C66, 71, 73, 75, 77, 79, 81, §29B.41; 82 Acts, ch 1042, §24]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.42 - Challenges.

29B.42 Challenges.
1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or the court in the absence of a military judge shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
2. Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge shall not be challenged except for cause.
[C66, 71, 73, 75, 77, 79, 81, §29B.42; 82 Acts, ch 1042, §25]
2019 Acts, ch 24, §104
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.43 - Oaths.

29B.43 Oaths.
Before performing their official duties, military judges, members of a general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The adjutant general shall adopt rules prescribing the form of the oath, the time and place of the taking of the oath, the manner of recording, and whether the oath must be taken for all cases in which official duties must be performed or for a particular case. The rules may provide that an oath to perform duties faithfully as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel may be taken at any time by any judge advocate or legal officer, or other person certified to be qualified or competent for the duty, and that once taken the oath need not be taken again each time the person is detailed to that duty.
[C66, 71, 73, 75, 77, 79, 81, §29B.43; 82 Acts, ch 1042, §26]
2021 Acts, ch 76, §10
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.44 - Statute of limitations.

29B.44 Statute of limitations.
1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.
2. Except as otherwise provided in this section, a person charged with desertion in time of peace or with any other offense under this code is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
3. Except as otherwise provided in this section, a person charged with any offense under this code is not liable to be punished under section 29B.14 if the offense was committed more than two years before the imposition of punishment under section 29B.14.
4. Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
5. If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within one hundred eighty days after the date the charges or specifications are dismissed, trial by court-martial or punishment under section 29B.14 is not barred by the statute of limitations if the following conditions are met:
a. The charges and specifications are received by an officer exercising summary court-martial jurisdiction or having the authority to conduct punishment under section 29B.14 within one hundred eighty days after the charges or specifications are dismissed.
b. The charges and specifications allege some or all of the same acts or omissions that were alleged in the dismissed charges or specifications.
[C66, 71, 73, 75, 77, 79, 81, §29B.44]
2017 Acts, ch 54, §76; 2017 Acts, ch 63, §4
Referred to in §29B.2
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.45 - Former jeopardy.

29B.45 Former jeopardy.
1. No person may, without the person’s consent, be tried a second time in any military court of the state for the same offense.
2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
3. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
[C66, 71, 73, 75, 77, 79, 81, §29B.45]
2017 Acts, ch 54, §76
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.46 - Pleas of the accused.

29B.46 Pleas of the accused.
1. If the accused after arraignment makes an irregular pleading, or after a plea of guilty sets up defenses inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
2. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by rules of the adjutant general be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which case the proceedings shall continue as though the accused had pleaded not guilty.
[C66, 71, 73, 75, 77, 79, 81, §29B.46; 82 Acts, ch 1042, §27]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.47 - Opportunity to obtain witnesses and other evidence.

29B.47 Opportunity to obtain witnesses and other evidence.
1. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the adjutant general may prescribe.
2. The military judge or the president of a court-martial without a military judge may:
a. Issue a warrant for the arrest of any accused person who having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
b. Issue subpoenas duces tecum and other subpoenas;
c. Enforce by attachment the attendance of witnesses and the production of books and papers; and
d. Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
3. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the United States and shall be executed by civil officers as prescribed by laws of the United States or the place where the witness or evidence is located.
[C35, §467-f37; C39, §467.39; C46, 50, §29.39; C54, 58, 62, §29.76; C66, 71, 73, 75, 77, 79, 81, §29B.47; 82 Acts, ch 1042, §28]
2008 Acts, ch 1032, §201; 2010 Acts, ch 1087, §3
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.48 - Refusal to appear or testify.

29B.48 Refusal to appear or testify.
1. Any person not subject to this code is guilty of a simple misdemeanor if the person does all of the following:
a. Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer and designated to take a deposition to be read in evidence before such a court.
b. Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the state.
c. Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person has been legally subpoenaed to produce.
2. Upon certification of the facts in a case under this section by the military judge, president of courts-martial without a military judge, or summary courts-martial officer, the county attorney of the county where the offense occurred shall prosecute the offense as if it were included in the Iowa criminal code.
[C66, 71, 73, 75, 77, 79, 81, §29B.48; 82 Acts, ch 1042, §29]
2006 Acts, ch 1010, §19
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.49 - Contempts.

29B.49 Contempts.
1. A military court may punish for contempt any person subject to this code who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.
2. A person who is not subject to this code who engages in conduct described in subsection 1 is guilty of a simple misdemeanor. The facts shall be certified to the county attorney of the county in which the offense occurred who shall prosecute the case as if the offense were included in the Iowa criminal code.
[C66, 71, 73, 75, 77, 79, 81, §29B.49; 82 Acts, ch 1042, §30]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.50 - Depositions.

29B.50 Depositions.
1. At any time after charges have been signed, as provided in section 29B.31 any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, the authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
3. Depositions may be taken before and authenticated by any military or civil officer authorized to administer oaths by the laws of the United States or by the laws of the place where the deposition is taken.
4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if any of the following are apparent:
a. That the witness resides or is out of the state of Iowa and the witness’ appearance cannot be obtained, unless it appears that the absence of the witness was procured by the party offering the deposition.
b. That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, or other reasonable cause, is unable to appear and testify in person at the place of trial or hearing.
c. That the party offering the deposition has been unable to procure the attendance of the witness by subpoena or other process and the present whereabouts of the witness is unknown.
[C66, 71, 73, 75, 77, 79, 81, §29B.50; 82 Acts, ch 1042, §31]
2008 Acts, ch 1032, §201
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.51 - Admissibility of records of courts of inquiry.

29B.51 Admissibility of records of courts of inquiry.
1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry, and if the same issue was involved or if the accused consents to the introduction of such evidence.
2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
3. Such testimony may also be read in evidence before a court of inquiry or a military board.
[C66, 71, 73, 75, 77, 79, 81, §29B.51]
2008 Acts, ch 1032, §201
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.52 - Voting and rulings.

29B.52 Voting and rulings.
1. Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall immediately announce the result of the ballot to the members of the court.
2. The military judge and, except for questions of challenge, the president of a court-martial without a military judge, shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A ruling made by the military judge upon a question of law or an interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon a question of law other than a motion for a finding of not guilty is final and constitutes the ruling of the court. However, the military judge may change a ruling at any time during the trial. Unless the ruling is final, if a member objects to the ruling, the court shall be cleared and closed and the question decided by a voice vote as provided in this code beginning with the junior in rank.
3. Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them as follows:
a. That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt.
b. That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.
c. That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt.
d. That the burden of proof for establishing the guilt of the accused beyond reasonable doubt is upon the state.
4. Subsection 3 does not apply to a court-martial composed of a military judge only. The military judge of a court-martial composed only of a military judge shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding and shall find the facts specifically on request. If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact appear in the opinion or memorandum of decision.
[C66, 71, 73, 75, 77, 79, 81, §29B.52; 82 Acts, ch 1042, §32]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.53 - Number of votes required.

29B.53 Number of votes required.
1. A person shall not be convicted of an offense, except as provided in this code by the concurrence of two-thirds of the members present at the time the vote is taken.
2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
3. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused but a determination to reconsider a finding of guilty or to reconsider a sentence for the purpose of possible reduction may be made by any lesser vote if the determination to reconsider is not opposed by two-thirds of the members present.
[C66, 71, 73, 75, 77, 79, 81, §29B.53; 82 Acts, ch 1042, §33]
2008 Acts, ch 1032, §201
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.55 - Record of trial.

29B.55 Record of trial.
1. Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence of the military judge, it shall be authenticated by the signature of the trial counsel or by the signature of a member if the trial counsel is unable to authenticate it by reason of death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general officer, in a sentence not including discharge, dismissal, or confinement and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain matters prescribed by rules of the adjutant general.
2. Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall contain the matter and shall be authenticated in the manner required by rules of the adjutant general.
3. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as the record is authenticated. If a verbatim record of trial by general court-martial is not required, but is made, the accused may buy the record as prescribed in rules of the adjutant general.
[C66, 71, 73, 75, 77, 79, 81, §29B.55; 82 Acts, ch 1042, §34]
2008 Acts, ch 1032, §201
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.56 - Cruel and unusual punishments prohibited.

29B.56 Cruel and unusual punishments prohibited.
Punishment by cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code.
[C66, 71, 73, 75, 77, 79, 81, §29B.56]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.58 - Effective date of sentences.

29B.58 Effective date of sentences.
1. When a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture shall apply only to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. A forfeiture shall not extend to any pay or allowances accrued before that date.
2. A period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement, provided that credit be given for confinement served prior to trial. Rules prescribed by the adjutant general may provide that sentences of confinement shall not be executed until approved by designated officers.
3. All other sentences of courts-martial are effective on the date ordered executed.
4. On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or if the accused is no longer under the jurisdiction of the convening authority, the person exercising general court-martial jurisdiction, may in the person’s discretion defer service of the sentence to confinement. The deferral terminates when the sentence is ordered executed. The deferral may be rescinded at any time by the officer who granted it, or, if the accused is no longer under jurisdiction of that officer, by the person exercising general court-martial jurisdiction.
5. Unless otherwise provided in rules of the adjutant general, a court-martial sentence of an enlisted member in pay grade above E-1, that includes a discharge under other than honorable conditions or confinement and that is approved by the convening authority reduces the member to pay-grade E-1, effective on the date of the approval.
6. If the sentence of a member who is reduced in pay grade under subsection 5 is set aside or disapproved, or, as finally approved, does not include a punishment named in subsection 5, the rights and privileges of which the member was deprived because of the reduction shall be restored and the member is entitled to the pay and allowances lost during the period the reduction was in effect.
[C66, 71, 73, 75, 77, 79, 81, §29B.58; 82 Acts, ch 1042, §35]
Referred to in §29B.12
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.59 - Execution of confinement.

29B.59 Execution of confinement.
1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary or prison by the courts of the state or of any political subdivision thereof.
2. The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
3. The keepers, officer, and wardens of city or county jails and of other jails, penitentiaries, or prisons shall receive persons ordered into confinement before trial and persons committed to such confinement by a military court and shall confine them according to law. No such keeper, officer or warden may require payment of any fee or charge for so receiving or confining a person.
[C66, 71, 73, 75, 77, 79, 81, §29B.59]
2017 Acts, ch 54, §76
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.60 - Execution of sentence — suspension of sentence.

29B.60 Execution of sentence — suspension of sentence.
Except as provided in sections 29B.20 and 29B.65, a court-martial sentence, unless suspended or deferred, may be ordered executed by the convening authority when approved by the convening authority. The convening authority shall approve the sentence or the part, amount, or commuted form of the sentence as the convening authority sees fit, and may suspend or defer the execution of the sentence.
[C66, 71, 73, 75, 77, 79, 81, §29B.60; 82 Acts, ch 1042, §36]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.61 - Initial action of record.

29B.61 Initial action of record.
1. After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the adjutant general.
2. In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or part or amount of the sentence as the convening authority finds correct in law and fact and as in the convening authority’s discretion should be approved. Unless the convening authority indicates otherwise, approval of the sentence includes approval of the findings.
[C66, 71, 73, 75, 77, 79, 81, §29B.61; 82 Acts, ch 1042, §37]
2019 Acts, ch 24, §104
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.62 - General court-martial records.

29B.62 General court-martial records.
The convening authority shall refer the record of each general court-martial to the appropriate staff judge advocate of the state force concerned, who shall submit a written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
[C66, 71, 73, 75, 77, 79, 81, §29B.62]
2002 Acts, ch 1117, §47, 52
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.63 - Reconsideration and revision.

29B.63 Reconsideration and revision.
1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
a. For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
b. For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
c. For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
[C66, 71, 73, 75, 77, 79, 81, §29B.63]
2008 Acts, ch 1032, §201
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.64 - Rehearings.

29B.64 Rehearings.
1. If the convening authority disapproves the findings and sentence of a court-martial the convening authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges.
2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
[C66, 71, 73, 75, 77, 79, 81, §29B.64]
2019 Acts, ch 24, §104
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.66 - Error of law — lesser included offenses.

29B.66 Error of law — lesser included offenses.
1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
[C66, 71, 73, 75, 77, 79, 81, §29B.66]
2019 Acts, ch 24, §104
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.67 - Review counsel.

29B.67 Review counsel.
1. Upon the final review of a sentence of a general court-martial or of a sentence to a dishonorable discharge, dismissal, or confinement, the accused has the right to be represented by counsel before the reviewing authority and before the appropriate staff judge advocate.
2. Upon the request of an accused entitled to be so represented, the appropriate staff judge advocate shall appoint a lawyer who is a member of the state military forces and who has the qualifications prescribed in section 29B.28, if available, to represent the accused before the reviewing authority and before the appropriate staff judge advocate, in the review of cases specified in this section.
3. If provided by the accused, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority and before the appropriate staff judge advocate.
[C66, 71, 73, 75, 77, 79, 81, §29B.67; 82 Acts, ch 1042, §39]
2002 Acts, ch 1117, §49, 52; 2017 Acts, ch 54, §76
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.68 - Vacation of suspension.

29B.68 Vacation of suspension.
1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a discharge under other than honorable conditions, a dismissal, or a confinement, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if the probationer so desires.
2. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the adjutant general in cases involving a general court-martial sentence and to the commanding officer of the force of state military forces of which the probationer is a member in all other cases covered by this section. If the adjutant general or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
3. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
[C66, 71, 73, 75, 77, 79, 81, §29B.68; 82 Acts, ch 1042, §40]
2017 Acts, ch 54, §76
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.69 - Petition for a new trial.

29B.69 Petition for a new trial.
At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
[C66, 71, 73, 75, 77, 79, 81, §29B.69; 82 Acts, ch 1042, §41]
Referred to in §29B.72
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.70 - Remission or suspension.

29B.70 Remission or suspension.
1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
2. The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
[C66, 71, 73, 75, 77, 79, 81, §29B.70]
2019 Acts, ch 24, §104
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.71 - Restoration.

29B.71 Restoration.
1. Under such regulations as the adjutant general 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 a new trial or rehearing.
2. 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 the accused’s enlistment.
3. If a previously executed sentence of dismissal is not imposed on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed 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 the former officer not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All times between the dismissal and reappointment shall be considered as service for all purposes.
[C66, 71, 73, 75, 77, 79, 81, §29B.71]
2017 Acts, ch 54, §76
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.72 - Finality of proceedings — findings and sentences.

29B.72 Finality of proceedings — findings and sentences.
The proceedings, findings, and sentences of court-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclusive. Orders publishing the proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in section 29B.69.
[C66, 71, 73, 75, 77, 79, 81, §29B.72]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.73 - Persons to be tried or punished.

29B.73 Persons to be tried or punished.
A person shall not be tried or punished for any offense provided for in this code unless it was committed while the person was in a duty status or during a time when the person was under lawful orders to be in a duty status.
[C66, 71, 73, 75, 77, 79, 81, §29B.73; 82 Acts, ch 1042, §42]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.74 - Principals.

29B.74 Principals.
Any person subject to this code is a principal if the person does any of the following:
1. Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission.
2. Causes an act to be done which if directly performed by the person would be punishable by this code.
[C66, 71, 73, 75, 77, 79, 81, §29B.74]
2006 Acts, ch 1010, §20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.75 - Accessory after the fact.

29B.75 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.75]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.76 - Conviction of lesser included offenses.

29B.76 Conviction of lesser included offenses.
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.
[C66, 71, 73, 75, 77, 79, 81, §29B.76]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.77 - Attempts.

29B.77 Attempts.
1. 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.
2. 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.
3. 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.77]
2017 Acts, ch 54, §76
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.78 - Conspiracy.

29B.78 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.78]
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.79 - Solicitation.

29B.79 Solicitation.
1. Any person subject to this code who solicits or advises another or others to desert in violation of section 29B.82 or mutiny in violation of section 29B.91 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.
2. Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 29B.96 or sedition in violation of section 29B.91 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.79]
2019 Acts, ch 24, §104
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.80 - Fraudulent enlistment — appointment or separation.

29B.80 Fraudulent enlistment — appointment or separation.
Any person shall be punished as a court-martial may direct if the person does any of the following:
1. Procures the person’s 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.
2. Procures the person’s own separation from the state military forces by knowingly false representation or deliberate concealment as to the person’s eligibility for that separation.
[C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, §467.61; C46, 50, §29.61; C54, 58, 62, §29.63(1); C66, 71, 73, 75, 77, 79, 81, §29B.80]
2006 Acts, ch 1010, §21
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.81 - Unlawful enlistment — appointment or separation.

29B.81 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 the person subject to this code 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.81]
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.82 - Desertion.

29B.82 Desertion.
1. Any member of the state military forces who does any of the following is guilty of desertion:
a. Without authority goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away therefrom permanently.
b. Quits the member’s unit, organization or place of duty with intent to avoid hazardous duty or to shirk important services.
c. 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 duly disclosing the fact that the member has not been regularly separated.
2. Any commissioned officer of the state military forces who, after tender of the officer’s resignation and before notice of its acceptance, quits a post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
3. Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
[C66, 71, 73, 75, 77, 79, 81, §29B.82]
2005 Acts, ch 3, §17
Referred to in §29B.16, 29B.79
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.83 - Absence without leave.

29B.83 Absence without leave.
Any person subject to this code shall be punished as a court-martial may direct if the person without authority does any of the following:
1. Fails to go to the person’s appointed place of duty at the time prescribed.
2. Goes from that place.
3. Leaves or remains absent from the unit, organization, or place of duty at which the person is required to be at the time prescribed.
[C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, §467.61; C46, 50, §29.61; C54, 58, 62, §29.63(3); C66, 71, 73, 75, 77, 79, 81, §29B.83]
2006 Acts, ch 1010, §22
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.84 - Missing movement.

29B.84 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.84]
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.85 - Contempt toward officials.

29B.85 Contempt toward officials.
Any person subject to this code who uses contemptuous words against the president, 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.
[C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, §467.61; C46, 50, §29.61; C54, 58, 62, §29.63(4); C66, 71, 73, 75, 77, 79, 81, §29B.85]
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.86 - Disrespect toward superior commissioned officer.

29B.86 Disrespect toward superior commissioned officer.
Any person subject to this code who behaves with disrespect toward the person’s superior commissioned officer shall be punished as a court-martial may direct.
[C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, §467.61; C46, 50, §29.61; C54, 58, 62, §29.63(5); C66, 71, 73, 75, 77, 79, 81, §29B.86]
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.87 - Assaulting or willfully disobeying superior commissioned officer.

29B.87 Assaulting or willfully disobeying superior commissioned officer.
Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following:
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 superior commissioned officer is in the execution of the officer’s office.
2. Willfully disobeys a lawful command of the person’s superior commissioned officer.
[C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, §467.61; C46, 50, §29.61; C54, 58, 62, §29.63(6); C66, 71, 73, 75, 77, 79, 81, §29B.87]
2006 Acts, ch 1010, §23
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.88 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

29B.88 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
Any warrant officer or enlisted member shall be punished as a court-martial may direct if the person does any of the following:
1. Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of the officer’s office.
2. Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.
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 the officer’s office.
[C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, §467.61; C46, 50, §29.61; C54, 58, 62, §29.63(7); C66, 71, 73, 75, 77, 79, 81, §29B.88]
2006 Acts, ch 1010, §24
Referred to in §29B.16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.89 - Failure to obey order or regulation.

29B.89 Failure to obey order or regulation.
Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following:
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.
3. Is derelict in the performance of the person’s duties.
[C66, 71, 73, 75, 77, 79, 81, §29B.89]
2006 Acts, ch 1010, §25
Referred to in §29B.16