reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.341 — Error Of Law; Lesser Included Offenses.

192A.341 ERROR OF LAW; LESSER INCLUDED OFFENSES.
Subdivision 1.
Error of law.
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.
Subd. 2.
Lesser offense.
Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
History:
2013 c 78 s 12
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.351 — Withdrawal Of Appeal.

192A.351 WITHDRAWAL OF APPEAL.
(a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to an appeal. A withdrawal shall be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law.
(b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
History:
2013 c 78 s 14
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.353 — Appeal By State.

192A.353 APPEAL BY STATE.
Subdivision 1.
Appeal.
(a) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration:
(1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
(2) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
(3) an order or ruling that directs the disclosure of classified information;
(4) an order or ruling that imposes sanctions for nondisclosure of classified information;
(5) a refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; and
(6) a refusal by the military judge to enforce an order described in clause (5) that has previously been issued by the appropriate authority.
(b) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. The notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(c) An appeal under this section shall be diligently prosecuted as provided by law.
Subd. 2.
Appeal forwarded.
An appeal under this section shall proceed as prescribed in section 192A.371. In ruling on an appeal under this section, that court may act only with respect to matters of law.
Subd. 3.
Delay of appeal.
Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
History:
2013 c 78 s 15; 2022 c 89 art 5 s 2
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.361 — Rehearings.

192A.361 REHEARINGS.
A rehearing under this code shall take place before a court-martial composed of members who were not members of the court-martial that 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 approved, 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. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
History:
2013 c 78 s 16
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.363 — Review By Senior Force Judge Advocate.

192A.363 REVIEW BY SENIOR FORCE JUDGE ADVOCATE.
Subdivision 1.
Review of findings of guilt.
(a) A general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or designee, may not review a case under this subdivision if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense.
(b) The senior force judge advocate's review shall be in writing and shall contain the following:
(1) conclusions as to whether:
(i) the court had jurisdiction over the accused and the offense;
(ii) the charge and specification stated an offense; and
(iii) the sentence was within the limits prescribed as a matter of law;
(2) a response to each allegation of error made in writing by the accused; and
(3) if the case is sent for action under subdivision 2, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
Subd. 2.
Action by adjutant general; authorization.
The record of trial and related documents in each case reviewed under subdivision 1 shall be sent for action to the adjutant general if:
(1) the judge advocate who reviewed the case recommends corrective action;
(2) the sentence approved under section 192A.343, subdivision 3, extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or
(3) the action is otherwise required by regulations of the adjutant general.
Subd. 3.
Adjutant general action.
(a) The adjutant general may:
(1) disapprove or approve the findings or sentence, in whole or in part;
(2) remit, commute, or suspend the sentence, in whole or in part;
(3) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
(4) dismiss the charges.
(b) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
History:
2013 c 78 s 17
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.371 — Review By State Appellate Authority.

192A.371 REVIEW BY STATE APPELLATE AUTHORITY.
Subdivision 1.
Certiorari.
(a) A review of any final order of a special or general court-martial proceeding may be had upon certiorari by the supreme court upon petition of any party to the proceeding. The review may be had on the ground that: (1) the court-martial was without jurisdiction; or (2) the findings of the court-martial and the final order of the convening authority: (i) were not justified by the evidence; (ii) were not in conformity with this code, military law or other law applicable to the proceedings, or the Classified Information Procedures Act; or (iii) were affected by any other error of law.
(b) A writ of certiorari for review under this section is a matter of right.
Subd. 2.
Service of writ.
(a) Within 60 days after notice of the final order of a court-martial proceeding, the petitioner for review shall obtain from the supreme court a writ of certiorari, shall serve the same upon all other parties appearing in the court-martial proceeding, and shall file the original writ of certiorari and proof of service with the court administrator of the court-martial. No fee or bond is required for either obtaining a writ of certiorari or the associated filings required under this paragraph.
(b) Return upon the writ shall be made to the supreme court and the matter shall be heard and determined by the court in accordance with the rules of civil appellate procedure applicable to decisions reviewable by certiorari directly in the supreme court.
History:
2013 c 78 s 18; 2022 c 89 art 5 s 3
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.373 — Appellate Counsel.

192A.373 APPELLATE COUNSEL.
Subdivision 1.
Appellate government counsel.
The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in section 192A.371, and before any federal court when requested to do so by the state attorney general. Appellate government counsel must be a member in good standing of the bar of the highest court of the state.
Subd. 2.
Right to be represented; appeal by state.
Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
Subd. 3.
Right to be represented; appeal by accused.
(a) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(b) Upon the request of an accused entitled to be represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in this subdivision and subdivision 2.
(c) An accused may be represented by civilian appellate counsel at no expense to the state.
History:
2013 c 78 s 19
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.381 — Finality Of Proceedings, Findings, And Sentences.

192A.381 FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES.
The appellate review of records of trial provided by this code; the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code; and all dismissals and discharges carried into execution under sentences 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 United States and the several states, subject only to action upon a petition for a new trial and to action for remission and suspension.
History:
2013 c 78 s 20
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.384 — Offenses Subject To Court-martial.

192A.384 OFFENSES SUBJECT TO COURT-MARTIAL.
The jurisdiction of courts-martial under this code is limited to violations of the punitive articles prescribed by the manual for courts-martial of the United States, assimilated under any Minnesota state law as referenced under section 192A.605, or by the Minnesota Code of Military Justice. Any person subject to this code who is charged with the commission of an offense which is not an offense under this code or the manual for courts-martial of the United States may be surrendered to civil authorities for process in accordance with civil law.
History:
1978 c 552 s 45; 2002 c 308 s 35; 2022 c 89 art 3 s 2
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.39 — Principals.

192A.39 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 that person would be punishable by this code;
is a principal and shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.39; 1986 c 444; 2002 c 308 s 37
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.395 — Accessory After The Fact.

192A.395 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:
1963 c 661 s 192A.395; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.40 — Conviction Of Lesser Included Offense.

192A.40 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:
1963 c 661 s 192A.40
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.405 — Attempts.

192A.405 ATTEMPTS.
Subdivision 1.
Definition of attempt.
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.
Subd. 2.
Punishment.
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.
Subd. 3.
Consummated offense.
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:
1963 c 661 s 192A.405
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.41 — Conspiracy.

192A.41 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:
1963 c 661 s 192A.41
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.415 — Solicitation.

192A.415 SOLICITATION.
Subdivision 1.
Desertion or mutiny.
Any person subject to this code who solicits or advises another or others to desert in violation of section 192A.43 or mutiny in violation of section 192A.475 shall be punished as a court-martial may direct.
Subd. 2.
Misbehavior before the enemy; sedition.
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 192A.50 or sedition in violation of section 192A.475 shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.415; 1986 c 444; 2002 c 308 s 38
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.42 — Fraudulent Enlistment, Appointment, Or Separation.

192A.42 FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION.
Any person who:
(1) procures that person's own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to that person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) procures that person's own separation from the state military forces by knowingly false representation or deliberate concealment as to that person's eligibility for that separation;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.42; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.425 — Unlawful Enlistment, Appointment, Or Separation.

192A.425 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, rule, or order shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.425; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.43 — Desertion.

192A.43 DESERTION.
Subdivision 1.
General rule.
Any person subject to this code who:
(1) without authority goes or remains absent from that member's unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quits that member's unit, organization, or place of duty with intent to avoid hazardous duty or to shirk 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 that that member has not been regularly separated;
shall be punished as a court-martial may direct.
Subd. 2.
Officers after resignation.
Any commissioned officer of the state military forces who, after tender of the officer's resignation and before notice of its acceptance, quits the post or proper duties without leave and with intent to remain away therefrom permanently shall be punished as a court-martial may direct.
Subd. 3.
[Repealed, 2002 c 308 s 71]
History:
1963 c 661 s 192A.43; 1986 c 444; 2002 c 308 s 39,40
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.435 — Absence Without Leave.

192A.435 ABSENCE WITHOUT LEAVE.
Any person subject to this code who, without authority:
(1) fails to go to that person's appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) is absent or remains absent from an assigned unit, organization, or place of duty at which the person is required to be at the time prescribed;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.435; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.44 — Missing Movement.

192A.44 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:
1963 c 661 s 192A.44; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.445 — Contempt Towards Officials.

192A.445 CONTEMPT TOWARDS 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.
History:
1963 c 661 s 192A.445
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.45 — Disrespect Towards Superior Commissioned Officer.

192A.45 DISRESPECT TOWARDS SUPERIOR COMMISSIONED OFFICER.
Any person subject to this code who behaves with disrespect towards that person's superior commissioned officer shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.45; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.455 — Assaulting Or Willfully Disobeying Superior Commissioned Officer.

192A.455 ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Any person subject to this code who:
(1) strikes that person's superior commissioned officer or draws or lifts up any weapon or offers any violence against that superior commissioned officer while that officer is in the execution of official duties; or
(2) willfully disobeys a lawful command of that person's superior commissioned officer;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.455; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.46 — Insubordinate Conduct Toward Warrant Officer Or Noncommissioned Officer.

192A.46 INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER OR NONCOMMISSIONED OFFICER.
Any warrant officer or enlisted member who:
(1) strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of official duties;
(2) willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of official duties;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.46; 1986 c 444; 2002 c 308 s 41
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.465 — Failure To Obey Order Or Rule.

192A.465 FAILURE TO OBEY ORDER OR RULE.
Any person subject to this code who:
(1) violates or fails to obey any lawful general order or rule;
(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 duties;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.465; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.47 — Cruelty And Maltreatment.

192A.47 CRUELTY AND MALTREATMENT.
Any person subject to this code who acts cruelly, oppressively or maltreats any individual subject to the person's orders or control shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.47; 1978 c 552 s 39; 1986 c 444; 2002 c 308 s 42
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.475 — Mutiny Or Sedition.

192A.475 MUTINY OR SEDITION.
Subdivision 1.
Crimes defined.
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 that person's 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 the utmost to prevent and suppress a mutiny or sedition being committed in that person's presence, or fails to take all reasonable means to inform a superior commissioned officer or commanding officer of a mutiny or sedition which that person knows or has reason to believe is taking place is guilty of a failure to suppress or report a mutiny or sedition.
Subd. 2.
Punishment.
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:
1963 c 661 s 192A.475; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.48 — Resistance, Breach Of Arrest, And Escape.

192A.48 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 by a member of the state military forces not in federal active service shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.48; 2002 c 308 s 43
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.485 — Releasing Prisoner Without Proper Authority.

192A.485 RELEASING PRISONER WITHOUT PROPER AUTHORITY.
Any person subject to this code who, without proper authority, releases any prisoner committed to that person's charge, or who through neglect or design allows 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:
1963 c 661 s 192A.485; 1986 c 444; 2002 c 308 s 44
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.49 — Unlawful Detention Of Another.

192A.49 UNLAWFUL DETENTION OF ANOTHER.
Any person subject to this code who, except as provided by law or rule, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.49; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.495 — Noncompliance With Procedural Rules.

192A.495 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:
1963 c 661 s 192A.495
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.50 — Misbehavior Before The Enemy.

192A.50 MISBEHAVIOR BEFORE THE ENEMY.
Any person subject to this code who before or in the presence of the enemy:
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is 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 the person's arms or ammunition;
(5) engages in cowardly conduct;
(6) quits a 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 the utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing which it is that 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 a hostile encounter;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.50; 1986 c 444; 2002 c 308 s 45
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.51 — Improper Use Of Countersign.

192A.51 IMPROPER USE OF COUNTERSIGN.
Any person subject to this code who, during a time when the state military forces are engaged with the enemy, discloses the parole or countersign or code word 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 that person's knowledge, the person was authorized and required to give, shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.51; 1986 c 444; 2002 c 308 s 46
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.515 — Forcing A Safeguard.

192A.515 FORCING A SAFEGUARD.
Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.515
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.525 — Aiding The Enemy.

192A.525 AIDING THE ENEMY.
Any person subject to this code who:
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with the enemy, either directly or indirectly;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.525; 2002 c 308 s 47
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.535 — False Official Statements.

192A.535 FALSE OFFICIAL STATEMENTS.
Any person subject to this code who, with intent to deceive, signs any false record, return, rule, 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:
1963 c 661 s 192A.535; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.54 — Military Property; Loss, Damage, Destruction, Or Wrongful Disposition.

192A.54 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 gross negligence damages, destroys, or loses; or
(3) willfully or through gross negligence allows 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:
1963 c 661 s 192A.54; 2002 c 308 s 48
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.545 — Property Other Than Military Property; Waste, Spoilage, Or Destruction.

192A.545 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:
1963 c 661 s 192A.545
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.55 — Improper Hazarding Of Vessel Or Aircraft.

192A.55 IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.
Subdivision 1.
Violation; penalty.
Any person subject to this code who willfully, wrongfully, or through gross negligence hazards or allows to be hazarded any vessel or aircraft of the armed forces of the United States or of the state military forces shall be punished as a court-martial may direct.
Subd. 2.
[Repealed by amendment, 2002 c 308 s 49]
History:
1963 c 661 s 192A.55; 2002 c 308 s 49
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.555 — Driving While Under The Influence Or Reckless Driving.

192A.555 DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS DRIVING.
Any person subject to this code who drives, operates or is in physical control of any motor vehicle or aircraft while under the influence of an alcoholic beverage; controlled substance; cannabis flower, cannabis product, lower-potency hemp edible, hemp-derived consumer product, artificially derived cannabinoid, or tetrahydrocannabinols, as those terms are defined in section 342.01, or a combination thereof or whose blood contains 0.08 percent or more by weight of alcohol or who operates said motor vehicle or aircraft in a reckless or wanton manner, shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.555; 1978 c 552 s 40; 1979 c 50 s 22; 1985 c 248 s 70; 2002 c 308 s 50; 2004 c 283 s 12; 2023 c 63 art 4 s 35
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.56 — Under The Influence Of Alcohol Or Controlled Substance While On Duty; Sleeping On Post; Leaving Post Before Relief.

192A.56 UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE WHILE ON DUTY; SLEEPING ON POST; LEAVING POST BEFORE RELIEF.
Any person subject to this code who is found to be under the influence of alcohol or a controlled substance as defined in section 192A.566 without a valid medical prescription while on duty or sleeping upon an assigned post, or who leaves that post before being regularly relieved, shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.56; 1986 c 444; 2002 c 308 s 51; 2022 c 89 art 6 s 3
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.566 — Illegal Presence Of Controlled Substance While In Duty Status.

192A.566 ILLEGAL PRESENCE OF CONTROLLED SUBSTANCE WHILE IN DUTY STATUS.
(a) A person subject to this code who, while in any duty status defined in section 190.05, subdivision 5, submits to a urinalysis test, the result of which is positive for a controlled substance described in paragraph (b), shall be punished as a court-martial may direct.
(b) For purposes of this section, "controlled substance" includes the following:
(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance;
(2) any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of the Uniform Code of Military Justice of the armed forces of the United States, United States Code, title 10, section 801 et seq.;
(3) any other substance not specified in clause (1) or contained on a list prescribed by the president of the United States under clause (2) that is listed in schedules I through V of article 202 of the Controlled Substances Act, United States Code, title 21, section 812; and
(4) any substance defined in sections 152.01 and 152.027, subdivision 6.
(c) It is an affirmative defense which may be proved by a preponderance of the evidence that the person had a valid prescription for that controlled substance and was using the controlled substance in the manner for which it was prescribed.
History:
2013 c 78 s 21
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.57 — Malingering.

192A.57 MALINGERING.
Any person subject to this code who for the purpose of avoiding work, duty, or service in the state military forces not in federal active service:
(1) feigns illness, physical disablement, mental lapse, or derangement; or
(2) intentionally inflicts self injury;
shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.57; 2002 c 308 s 52
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.575 — Riot Or Breach Of Peace.

192A.575 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:
1963 c 661 s 192A.575
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.582 — Assault.

192A.582 ASSAULT.
Any person subject to this code who:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another;
shall be punished as a court-martial may direct.
History:
2002 c 308 s 53
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.585 — Perjury.

192A.585 PERJURY.
Any person subject to this code who willfully gives false testimony under oath in the course of a judicial proceeding material to the issue or matter of inquiry shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.585; 1978 c 552 s 41; 2002 c 308 s 54
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.59 — Frauds Against The Government.

192A.59 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, paper, or electronic submission knowing it to contain any false or fraudulent statements;
(b) makes any oath to any fact or to any writing, paper, or electronic submission 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 that 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 be punished as a court-martial may direct.
History:
1963 c 661 s 192A.59; 1986 c 444; 2002 c 308 s 55
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.595 — Larceny And Wrongful Appropriation.

192A.595 LARCENY AND WRONGFUL APPROPRIATION.
Subdivision 1.
Crimes defined.
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 or from the state or United States any money, personal property, or article of value of any kind:
(1) with intent permanently to deprive or defraud another person or the state or United States of the use and benefit of property or to appropriate it to personal 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 or the state or United States of the use and benefit of property or to appropriate it to personal use or the use of any person other than the owner, is guilty of wrongful appropriation.
Subd. 2.
Punishment.
Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.595; 1978 c 552 s 42; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.60 — Conduct Unbecoming An Officer.

192A.60 CONDUCT UNBECOMING AN OFFICER.
Any commissioned officer who does or omits to do certain acts that, under the circumstances, constitute conduct unbecoming an officer shall be punished as a court-martial may direct.
History:
1963 c 661 s 192A.60; 1986 c 444; 2002 c 308 s 56
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.6013 — Fraudulent Use Of Credit Cards, Debit Cards, And Other Access Devices.

192A.6013 FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND OTHER ACCESS DEVICES.
Subdivision 1.
Crime defined.
Any person subject to this code who knowingly, with intent to defraud, uses:
(1) a stolen credit card, debit card, or other access device;
(2) a revoked, canceled, or otherwise invalid credit card, debit card, or other access device; or
(3) a credit card, debit card, or other access device without the authorization of a person whose authorization was required for use, including a government purchase card or government travel card without conforming to the published federal or Minnesota National Guard procedures at the time of use;
to obtain money, property, services, or anything else of value shall be punished as a court-martial may direct.
Subd. 2.
Access device defined.
As used in this section, "access device" has the meaning given in United States Code, title 18, section 1029.
History:
2022 c 89 art 6 s 8,11
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.6014 — Unauthorized Use Of Government Computer.

192A.6014 UNAUTHORIZED USE OF GOVERNMENT COMPUTER.
Subdivision 1.
Definitions.
For purposes of this section, the terms defined in this subdivision have the meanings given them.
(1) "Computer" has the meaning given in United States Code, title 18, section 1030.
(2) "Damage" has the meaning given in United States Code, title 18, section 1030.
(3) "Government computer" means a computer owned or operated by or on behalf of the United States government or the state of Minnesota.
Subd. 2.
Crime defined.
Any person subject to this code who:
(1) knowingly accesses a government computer with an unauthorized purpose and by doing so obtains classified information, with reason to believe the information could be used to the injury of the United States or the state of Minnesota or to the advantage of any foreign nation, and intentionally communicates, delivers, or transmits or causes to be communicated, delivered, or transmitted the information to any person not entitled to receive it;
(2) intentionally accesses a government computer with an unauthorized purpose and thereby obtains classified or other protected information from any government computer; or
(3) knowingly causes the transmission of a program, information, code, or command, and as a result intentionally causes damage without authorization to a government computer;
shall be punished as a court-martial may direct.
History:
2022 c 89 art 6 s 9,11
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.6015 — Retaliation.

192A.6015 RETALIATION.
Subdivision 1.
Definitions.
For purposes of this section, the terms defined in this subdivision have the meanings given them.
(1) "Covered individual or organization" means any recipient of a communication specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
(2) "Inspector general" has the meaning given in United States Code, title 10, section 1034(j).
(3) "Protected communication" means:
(i) a lawful communication to a member of Congress, a state legislator, or an inspector general; and
(ii) a communication to a covered individual or organization, to include the Office of the Governor, in which a member of the armed forces complains of or discloses information that the member reasonably believes constitutes evidence of any of the following:
(A) a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination; or
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
Subd. 2.
Crimes defined.
Any person subject to this code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication:
(1) wrongfully takes or threatens to take an adverse personnel action against any person; or
(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.
History:
2022 c 89 art 6 s 10,11
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.605 — General Article.

192A.605 GENERAL ARTICLE.
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces, all conduct of a nature to bring discredit upon the state military forces, any crime punishable by the law of this state other than those specifically enumerated in the punitive sections of this code, and any crime contained in the Uniform Code of Military Justice shall be punished as a court-martial may direct. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with section 192A.02, subdivision 3, paragraph (a).
History:
1963 c 661 s 192A.605; 2002 c 308 s 57; 2013 c 78 s 22
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.61 — Courts Of Inquiry.

192A.61 COURTS OF INQUIRY.
Subdivision 1.
Convening.
Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry.
Subd. 2.
Members; counsel.
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.
Subd. 3.
Designated parties.
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 by or for the state military forces 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 military counsel, or by civilian counsel at the person's own expense, to cross examine witnesses, and to introduce evidence.
Subd. 4.
Challenge of members.
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
Subd. 5.
Oath or affirmation.
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
Subd. 6.
Witnesses.
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
Subd. 7.
Findings of fact.
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.
Subd. 8.
Record of proceedings.
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:
1963 c 661 s 192A.61; 1978 c 552 s 43; 2002 c 308 s 58