reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 57 - Effective Date of Sentences

Article 57. Effective date of sentences.
(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
(b) Any 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.
(c) All other sentences of courts-martial are effective on the date ordered executed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 57a - Deferment of Sentences

Article 57A. Deferment of sentences.
(a) 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 that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(b)(1) In any case in which a court-martial sentences an accused referred to in paragraph (2) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States or a foreign country referred to in that paragraph.
(2) Paragraph (1) shall apply to a person subject to this code who:
(A) while in the custody of a state, the United States or a foreign country is temporarily returned by that state, the United States or a foreign country to the state military forces for trial by court-martial; and
(B) after the court-martial, is returned to that state, the United States or a foreign country under the authority of a mutual agreement or treaty.
(c) In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under subsection (a) of article 67 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 58 - Deferment of Sentences

Article 58. Execution of confinement.
(a) A sentence of confinement adjudged by a court-martial, 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 authorized by this code. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.
(b) No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 58a - Sentences: Reduction in Enlisted Grade Upon Approval

Article 58A. Sentences: reduction in enlisted grade upon approval.
(a) A court-martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes a dishonorable or bad-conduct discharge or confinement shall reduce that member to pay grade E–1, effective on the date of that approval.
(b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved or, as finally approved, does not include any punishment named in subsection (a), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 58b - Sentences: Forfeiture of Pay and Allowances During Confinement

Article 58B. Sentences: forfeiture of pay and allowances during confinement.
(a)(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determined under subsection (a) of article 57 and may be deferred as provided by that article. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be 2/3 of all pay due that member during such period.
(2) A sentence shall be covered by this article if it includes: (A) confinement for more than 6 months; or (B) confinement for not more than 6 months and a dishonorable or bad-conduct discharge or dismissal.
(b) In a case involving an accused who has dependents, the convening authority or other person acting under article 60 may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 59 - Error of Law; Lesser Included Offense

Article 59. Error of law; lesser included offense.
(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantive rights of the accused.
(b) 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 61 - Withdrawal of Appeal

Article 61. 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 such appeal. Such a withdrawal shall be signed by both the accused and the defense counsel of the accused 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 62 - Appeal by the State

Article 62. Appeal by the State.
(a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, 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, the state may appeal:
(A) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
(B) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
(C) an order or ruling that directs the disclosure of classified information;
(D) an order or ruling that imposes sanctions for nondisclosure of classified information;
(E) a refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or
(F) a refusal by the military judge to enforce an order described in clause (E) that has previously been issued by appropriate authority.
(2) 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. Such 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 1 that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(3) An appeal under this article shall be diligently prosecuted as provided by law.
(b) An appeal under this article shall be forwarded to the court prescribed in article 67A. In ruling on an appeal under this article, that court may act only with respect to matters of law.
(c) Any period of delay resulting from an appeal under this article 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 frivolous and without merit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 63 - Rehearings

Article 63. Rehearings.
Each rehearing under this code shall take place before a court-martial composed of members who were 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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 67a - Review by State Appellate Authority

Article 67A. Review by state appellate authority.
Decisions of a court-martial shall be considered to be from a trial court of the commonwealth and appeals shall be to the appeals court of the commonwealth. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 70 - Appellate Counsel

Article 70. Appellate counsel.
(a) 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 article 67A of this code 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 to which the appeal is taken.
(b) 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.
(c) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(d) Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this article.
(e) An accused may be represented by civilian appellate counsel at no expense to the state.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 71 - Execution of Sentence; Suspension of Sentence

Article 71. Execution of sentence; suspension of sentence.
(a) If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under article 61, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in article 67A, and is deemed final by the law of state where the judgment was had.
(b) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under article 61, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review under article 64 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under article 60 when so approved under that article.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 72 - Vacation of Suspension

Article 72. Vacation of suspension.
(a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b) The record of the hearing and the recommendation of the officer having special court- martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.
(c) 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 73 - Petition for a New Trial

Article 73. Petition for a new trial.
At any time within 2 years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the grounds of newly-discovered evidence or fraud on the court-martial.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 74 - Remission and Suspension

Article 74. Remission and suspension.
(a) An authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the commander-in-chief,
(b) The commander-in-chief 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 75 - Restoration

Article 75. Restoration.
(a) Under such regulations as may be prescribed, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the commander-in-chief, if authorized, may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the commander-in-chief, if authorized, may substitute therefor a form of discharge authorized for administrative issue and the commissioned officer dismissed by that sentence may be reappointed by the commander-in-chief alone to such commissioned grade and with such rank as in the opinion of the commander-in-chief that former officer would have attained had such former officer not been dismissed. The reappointment of any such former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the commander-in-chief may direct. All time between the dismissal and their reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 76 - Finality of Proceedings, Findings and Sentences

Article 76. 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 shall be final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings shall be binding upon all departments, courts, agencies and officers of the commonwealth, subject only to action upon a petition for a new trial as provided in article 73 and to action under article 74.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 76a - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions

Article 76A. Leave required to be taken pending review of certain court-martial convictions.
Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this article if the sentence, as approved under article 60, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under said article 60 or at any time after such date and such leave may be continued until the date on which action under this article is completed or may be terminated at any earlier time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 76b - Lack of Mental Capacity or Mental Responsibility: Commitment of Accused for Examination and Treatment

Article 76B. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment.
(a) In the case of a person determined under this code to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority shall proceed in accordance with the General Laws applicable to the person's lack of capacity.
(b) If a person is found by a court-martial not guilty only by reason of lack of mental responsibility, the court-martial convening authority shall proceed in accordance with the General Laws applicable to the finding of not guilty by reason of lack of criminal responsibility due to mental illness or mental defect.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 77 - Principals

Article 77. Principals.
A 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 such person would be punishable by this code shall be a principal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 78 - Accessory After the Fact

Article 78. Accessory after the fact.
A 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 80 - Attempt

Article 80. Attempt.
(a) An act done with specific intent to commit an offense under this code that amounts to more than mere preparation and tending, even though failing to effect its commission, shall be an attempt to commit that offense.
(b) A person subject to this code who attempts to commit an offense punishable by this code shall be punished as a court-martial may direct unless otherwise specifically prescribed.
(c) A 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 82 - Solicitation

Article 82. Solicitation.
(a) A person subject to this code who solicits or advises another person to desert in violation of article 85 or mutiny in violation of article 94 shall, if the offense solicited or advised is attempted or committed, be punished as provided for the commission of the offense; provided, however, that if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
(b) A person subject to this code who solicits or advises another to commit an act of misbehavior before the enemy in violation of article 99 or sedition in violation of article 94 shall, if the offense solicited or advised is committed, be punished as provided for the commission of the offense; provided, however, that if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 83 - Fraudulent Enlistment, Appointment or Separation

Article 83. Fraudulent enlistment, appointment or separation.
A person who: (1) procures for oneself an enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to such person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) procures for oneself a separation from the state military forces by knowingly false representation or deliberate concealment as to such person's eligibility for that separation shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 84 - Unlawful Enlistment, Appointment or Separation

Article 84. Unlawful enlistment, appointment or separation.
A person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of a person who is known to such person to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 85 - Desertion

Article 85. Desertion.
(a) A member of the state military forces who: (1) without authority, goes or remains absent from such member's unit, organization or place of duty with intent to remain away therefrom permanently; (2) quits such member's unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from 1 of the state military forces, enlists or accepts an appointment in the same or another state military force or in 1 of the armed forces of the United States without fully disclosing the fact that such member has not been regularly separated or enters a foreign armed service, except when authorized by the United States, shall be guilty of desertion.
(b) A commissioned officer of the state military forces who, after tender of such officer's resignation and before notice of its acceptance, quits the officer's post or proper duties without leave and with intent to remain away therefrom permanently shall be guilty of desertion.
(c) A person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement for not more than 10 years or such other punishment as a court-martial may direct; provided, however, that if the desertion or attempt to desert occurs at any other time, such person shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 86 - Absence Without Leave

Article 86. Absence without leave.
A person subject to this code who, without authority: (1) fails to go to an appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents such person or remains absent from an appointed unit, organization or place of duty at which such person is required to be at the time prescribed shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 88 - Contempt Toward Officials

Article 88. Contempt toward officials.
A commissioned officer who uses contemptuous words against the President, the Vice President, Congress of the United States, the United States Secretary of Defense, the United States Secretary of a military department, the United States Secretary of Homeland Security or the commander-in-chief or the general court shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer

Article 90. Assaulting or willfully disobeying superior commissioned officer.
A person subject to this code who: (1) strikes a superior commissioned officer or draws or lifts up any weapon or offers violence against a superior commissioned officer while such superior commissioned officer is in the execution of the duties of office; or (2) willfully disobeys a lawful command of such person's superior commissioned officer shall be punished, if the offense is committed in time of war, by confinement for not more than 10 years or by such other punishment as a court-martial may direct and, if the offense is committed at any other time, by such punishment as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer or Petty Officer

Article 91. Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.
A warrant officer or enlisted member who: (1) strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of the office; (2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or (3)treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of the office shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 92 - Failure to Obey Order or Regulation

Article 92. Failure to obey order or regulation.
A person subject to this code who: (1) violates or fails to obey a lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the state military forces which such person has a duty to obey, fails to obey that order; or (3) is derelict in the performance of such person's duties shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 93 - Cruelty and Maltreatment

Article 93. Cruelty and maltreatment.
A person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, a person subject to their orders shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 94 - Mutiny or Sedition

Article 94. Mutiny or sedition.
(a) A person subject to this code who: (1) with intent to usurp or override lawful military authority, refuses, in concert with another person, to obey orders or otherwise do their duty or creates any violence or a disturbance shall be guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with another person, revolt, violence or other disturbance against that authority shall be guilty of sedition; or (3) fails to do their utmost to prevent and suppress a mutiny or sedition being committed in such person's presence or fails to take all reasonable means to inform such person's superior commissioned officer or commanding officer of a mutiny or sedition which such person knows or has reason to believe is taking place shall be guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 95 - Resistance, Flight, Breach of Arrest and Escape

Article 95. Resistance, flight, breach of arrest and escape.
A person subject to this code who: (1) resists apprehension; (2) flees from apprehension; (3) breaks arrest; or (4) escapes from custody or confinement shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 96 - Releasing Prisoner Without Proper Authority

Article 96. Releasing prisoner without proper authority.
A person subject to this code who, without proper authority, releases a prisoner committed to such person's charge or who through neglect or design suffers any such prisoner to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 98 - Noncompliance With Procedural Rules

Article 98. Noncompliance with procedural rules.
A person subject to this code who: (1) is responsible for unnecessary delay in the disposition of a 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 99 - Misbehavior Before the Enemy

Article 99. Misbehavior before the enemy.
A person subject to this code who, before or in the presence of the enemy: (1) runs away; (2) shamefully abandons, surrender or delivers up any command, unit, place or military property which it is such 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 such person's arms or ammunition; (5) is guilty of cowardly conduct; (6) quits such person's place of duty to plunder or pillage; (7) causes false alarms in a command, unit or place under control of the armed forces of the United States or the state military forces; (8) willfully fails to do such person's utmost to encounter, engage, capture or destroy enemy troops, combatants, vessels, aircraft or any other thing which is such person's duty 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 commonwealth or to any other state when engaged in battle shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 100 - Subordinate Compelling Surrender

Article 100. Subordinate compelling surrender.
A person subject to this code who compels or attempts to compel the commander of any of the state military forces or of the military forces of any other state, place, vessel, aircraft or other military property or of any body of members of the armed forces to give it up to an enemy or to abandon it or who strikes the colors or flag to an enemy without proper authority shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 101 - Improper Use of Countersign

Article 101. Improper use of countersign.
A person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to such person's knowledge, such person was authorized and required to give shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 103 - Captured or Abandoned Property

Article 103. Captured or abandoned property.
(a) Persons subject to this code shall secure all public property taken for the service of the United States or the commonwealth and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.
(b) A person subject to this code who: (1) fails to carry out the duties prescribed in subsection (a); (2) buys, sells, trades or in any way deals in or disposes of taken, captured or abandoned property for which such person receives or expects a profit, benefit or advantage to such person or another directly or indirectly connected with such person; or (3) engages in looting or pillaging shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 104 - Aiding the Enemy

Article 104. Aiding the enemy.
A 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 or holds any intercourse with the enemy, either directly or indirectly shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 105 - Misconduct as Prisoner

Article 105. Misconduct as prisoner.
A person subject to this code who, while in the hands of the enemy in time of war: (1) for the purpose of securing favorable treatment by such person's captors, acts without proper authority in a manner contrary to law, custom or regulation to the detriment of others of the nationality held by the enemy as civilian or military prisoners; or (2) while in a position of authority over such persons, maltreats such persons without justifiable cause shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 107 - False Official Statements

Article 107. False official statements.
A person subject to this code who, with intent to deceive, signs a false record, return, regulation, order or other official document in the line of duty, knowing it to be false or who makes any other false official statement in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 108 - Loss, Damage, Destruction or Wrongful Disposition of Military Property

Article 108. Loss, damage, destruction or wrongful disposition of military property.
A person subject to this code who, without proper authority: (1) sells or otherwise disposes of; (2) willfully or through neglect damages, destroys, or loses; or (3) willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of any military property of the United States or of any state shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 109 - Waste, Spoilage or Destruction of Non-Military Property

Article 109. Waste, spoilage or destruction of non-military property.
A person subject to this code who 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 any state shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 112a - Wrongful Use, Possession, Manufacturing, Distribution, and Importing of Controlled Substances

Article 112A. Wrongful use, possession, manufacturing, distribution, and importing of controlled substances.
(a) A person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces of the United States or of any state military force a substance described in subsection (b) shall be punished as a court-martial may direct.
(b) The following substances shall be subject to the punishment referred to in subsection (a):
(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 (i) 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 in 10 U.S.C. section 801, et seq.; and
(3) any other substance not specified in clause (i) or contained on a list prescribed by the President of the United States under clause (ii) that is listed in schedules I to V, inclusive, in the schedules of controlled substances under section 202 of the Controlled Substances Act, 21 U.S.C. section 812.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 113 - Misbehavior of Sentinel

Article 113. Misbehavior of sentinel.
A sentinel or lookout who is found drunk or sleeping upon such person's post or leaves it before being regularly relieved shall be punished, if the offense is committed in time of war, by confinement for not more than 10 years or by such other punishment as a court-martial may direct; provided, however, that if the offense is committed at any other time, such person shall be punished by such other punishment as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 114 - Dueling

Article 114. Dueling.
A person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 115 - Malingering

Article 115. Malingering.
A person subject to this code who for the purpose of avoiding work, duty or service: (1) feigns illness, physical disablement, mental lapse or derangement; or (2) intentionally inflicts self-injury shall be punished as a court-martial may direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 132 - Frauds Against the Government

Article 132. Frauds against the government.
A person subject to this code who engages in the following conduct shall be punished as a court-martial may direct:
(1) knowing it to be false or fraudulent, (A) makes a claim against the United States, the commonwealth or an officer thereof or (B) presents to a person in the civil or military service thereof, for approval or payment, a claim against the United States, the commonwealth or an officer thereof;
(2) for the purpose of obtaining the approval, allowance or payment of a claim against the United States, the commonwealth or an officer thereof (A) makes or uses a writing or other paper knowing it to contain any false or fraudulent statements, (B) makes an oath, affirmation or certification to a fact or to a writing or other paper knowing the oath, affirmation or certification to be false or (C) forges or counterfeits a signature upon a writing or other paper or uses any such signature knowing it to be forged or counterfeited;
(3) having charge, possession, custody or control of any money or other property of the United States or the commonwealth that was furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to a person having authority to receive it, an amount thereof that is less than that for which such person received a certificate or receipt;
or (4) being authorized to make or deliver a paper certifying the receipt of any property of the United States or the commonwealth that was furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to another such writing without having full knowledge of the truth of the statements contained therein and with intent to defraud the United States or the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 134 - General Article

Article 134. General article.
In addition to the crimes enumerated in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court; provided, however, that where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense was committed or the criminal laws of the United States, jurisdiction of the military court shall be determined in accordance with subsection (b) of article 2.