reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1051 - Voting by Members of Court-Martial on Findings and on Sentence; Rulings by Military Judge Upon Questions of Law or Interlocutory Questions; Finality; Instructing Court as to Elements of Offense and Charge; Court-Martial Composed of Military Judge Only; Procedure.

32.1051 Voting by members of court-martial on findings and on sentence; rulings by military judge upon questions of law or interlocutory questions; finality; instructing court as to elements of offense and charge; court-martial composed of military judge only; procedure.
Sec. 51.
(1) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret, written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall announce the results of the ballot to the members of the court.
(2) The military judge shall rule upon questions of law and interlocutory questions arising during the proceedings. A ruling made by the military judge upon a question of law or an interlocutory question other than the factual issue of mental responsibility of the accused, and upon a question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge may change a ruling made by the military judge at any time during the trial.
(3) Before a vote is taken on the findings, the military judge, in the presence of the accused and counsel, shall instruct the court as to the elements of the offense and charge the court as follows:
(a) The accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond a reasonable doubt.
(b) If there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.
(c) If there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree to which there is no reasonable doubt.
(d) The burden of proof to establish the guilt of the accused beyond a reasonable doubt rests upon this state.
(4) Subsections (1) and (2) do not apply to a court-martial composed of a military judge only. The military judge of that court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, set an appropriate sentence. The military judge of that court-martial shall make a general finding and, on request, shall find the facts specially. If an opinion or memorandum of decision is filed, the opinion or memorandum shall be sufficient if the findings of fact appear in the opinion or memorandum.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1052 - Conviction and Sentence; Concurrence of 2/3 of Members Present Required; Determination of Questions by Majority Vote or Lesser Vote; Tie Vote.

32.1052 Conviction and sentence; concurrence of 2/3 of members present required; determination of questions by majority vote or lesser vote; tie vote.
Sec. 52.
(1) A person shall not be convicted of an offense, except by the concurrence of 2/3 of the members present at the time the vote is taken.
(2) Each sentence shall be determined by the concurrence of 2/3 of the members present at the time that the vote is taken.
(3) Any other question to be decided by the members of a general or special court-martial shall be determined by a majority vote, but the determination to reconsider a finding of guilty or reconsider a sentence, to decrease or lessen the sentence, may be made by a lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1053 - Announcement by Court-Martial of Findings and Sentence.

32.1053 Announcement by court-martial of findings and sentence.
Sec. 53.
A court-martial shall announce its findings and sentence to the parties as soon as determined by the court.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1054 - Record of Proceedings; Authentication; Contents; Filing Original and Copies of Trial Record.

32.1054 Record of proceedings; authentication; contents; filing original and copies of trial record.
Sec. 54.
(1) Each general and special court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, the record shall be authenticated by the trial counsel. If both the military judge and the trial counsel are unavailable for the reasons set forth in this subsection, the record shall be authenticated by 2 members.
(2) Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall reflect the pleas of the accused to the charges and specifications, the findings and sentence, and the action by the convening authority.
(3) After final action by the convening authority, the original record of trial of each court-martial shall be filed in the office of the state judge advocate general, 1 copy shall be filed in the office of the staff judge advocate of the command concerned, 1 copy shall be filed in the headquarters of the special court-martial convening authority over the accused, and 1 copy shall be given to the accused.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 8 - (32.1055...32.1058) › Section 32.1055 - Cruel or Unusual Punishment Prohibited; Use of Irons Prohibited; Exception.

32.1055 Cruel or unusual punishment prohibited; use of irons prohibited; exception.
Sec. 55.
Punishment by flogging, branding, marking, or tattooing the body or any other cruel or unusual punishment, shall not be issued by a court-martial or inflicted upon a person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 8 - (32.1055...32.1058) › Section 32.1056 - Punishment and Sentence; Limits.

32.1056 Punishment and sentence; limits.
Sec. 56.
The punishment which a court-martial may direct for an offense shall not exceed the limits prescribed by this code. If a sentence exceeds the limits prescribed by this code, the part of the sentence in excess of the limits shall have no force and effect and the sentence shall automatically be reduced to the limits prescribed by this code and shall not be changed as to form of punishment.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 8 - (32.1055...32.1058) › Section 32.1057 - Sentence; Forfeiture of Pay or Allowances; Confinement; Effective Date; Deferring Service of Sentence to Confinement by Governor; Termination and Rescission of Deferment.

32.1057 Sentence; forfeiture of pay or allowances; confinement; effective date; deferring service of sentence to confinement by governor; termination and rescission of deferment.
Sec. 57.
(1) If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. A forfeiture shall not extend to pay or allowances accrued before the date of sentence.
(2) A period of confinement included in the sentence of a court-martial begins to run from the date the accused is confined pursuant to the sentence. If a person has been confined before the sentence because the person was unable to furnish a bond for the offense, the court-martial shall specifically grant a credit against the sentence for the amount of time confined before sentencing. A period during which the sentence to confinement is suspended shall not be computed as service of the term of confinement and shall not affect the power of the convening authority to vacate the suspension during the current enlistment of the accused.
(3) Each sentence of a court-martial is effective on the date the sentence is ordered executed.
(4) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under the convening authority's jurisdiction, the governor may 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 officer who granted the deferment or, if the accused is no longer under the officer's jurisdiction, by the governor.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1060 - Forwarding Record to Convening Authority as Reviewing Authority; Exception; Action on Record.

32.1060 Forwarding record to convening authority as reviewing authority; exception; action on record.
Sec. 60.
Except as provided in section 71, after a trial by a court-martial, the record shall be forwarded to the convening authority as reviewing authority. Action on the record may be taken by the person who convened the court, a commanding officer, or a successor in command.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1061 - Referring Record to State Judge Advocate; Review and Opinion.

32.1061 Referring record to state judge advocate; review and opinion.
Sec. 61.
Except as provided in section 71 and before taking action in a general court-martial, the convening authority shall refer the record of each general court-martial to the state judge advocate who shall review the record and submit a written opinion on the record to the convening authority. The review shall include a summary of the evidence in the case, an opinion as to the adequacy and weight of the evidence, the effect of any error or irregularity reflecting the proceedings, and a specific recommendation as to the action to be taken by the convening authority. If the final action of the court resulted in an acquittal of the charges and specifications, the opinion shall be limited to questions of jurisdiction.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1062 - Returning Record to Court for Action; Reasons.

32.1062 Returning record to court for action; reasons.
Sec. 62.
(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(2) If an apparent error or omission is in the record or if the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which cannot be rectified without material prejudice to the substantial rights of the accused, the convening authority shall return the record to the court for appropriate action. However, the record shall not be returned for any of the following reasons:
(a) Reconsideration of a finding of not guilty of a specification or ruling which amounts to a finding of not guilty.
(b) Reconsideration of a finding of not guilty of a charge, unless the record shows a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a section of this code.
(c) Increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory and the mandatory sentence is more severe than the sentence imposed by the court.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1063 - Disapproval by Convening Authority of Findings and Sentence; Reasons; Rehearing; Dismissal of Charges; Sentence.

32.1063 Disapproval by convening authority of findings and sentence; reasons; rehearing; dismissal of charges; sentence.
Sec. 63.
(1) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority, except where there is lack of sufficient evidence in the record to support the findings, may order a rehearing. The convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges.
(2) Each rehearing shall take place before a court-martial whose composition shall not include a member or military judge of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for an offense of which the accused was found not guilty by the first court-martial. A sentence in excess of or more severe than the original sentence shall not be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1064 - Approval by Convening Authority of Findings of Guilty and Sentence; Approval of Sentence as Approval of Findings.

32.1064 Approval by convening authority of findings of guilty and sentence; approval of sentence as approval of findings.
Sec. 64.
In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings of guilty and the sentence or part or amount of the sentence as the convening authority finds correct in law and fact and as the convening authority in the authority's discretion approves. Unless the convening authority indicates otherwise, approval of the sentence is approval of the findings.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1066 - Final Military Review of Sentence of General Court-Martial or of Sentence to Dishonorable Discharge by Special Court-Martial; Right to Counsel; Appointment by Convening Authority; Representation by Civilian Counsel.

32.1066 Final military review of sentence of general court-martial or of sentence to dishonorable discharge by special court-martial; right to counsel; appointment by convening authority; representation by civilian counsel.
Sec. 66.
(1) Upon the final military review of a sentence of a general court-martial or of a sentence to a dishonorable discharge by a special court-martial, the accused has the right to be represented by counsel before the reviewing authority.
(2) Upon the request of an accused entitled to be represented, the convening authority shall appoint a commissioned officer who is a member of the bar of this state to represent the accused before the reviewing authority or before the staff judge advocate, and before the state judge advocate general, in the review of cases specified in subsection (1).
(3) An accused entitled to be represented may be represented by civilian counsel if provided by the accused before the reviewing authority, the staff judge advocate, or legal officer and before the state judge advocate general.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1068 - Appeal From Final Decision of Military Appeals Tribunal.

32.1068 Appeal from final decision of military appeals tribunal.
Sec. 68.
An appeal may be taken to the state court of appeals from any final decision of the military appeals tribunal.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1070 - Trial Counsel and Defense Counsel to Serve as Appellate Counsel; Right to Civilian Counsel; Disability of Defense or Trial Counsel.

32.1070 Trial counsel and defense counsel to serve as appellate counsel; right to civilian counsel; disability of defense or trial counsel.
Sec. 70.
The trial counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code. The accused has the additional right to be represented by civilian counsel at his or her own expense. If the defense or trial counsel becomes unable to perform his or her duties because of illness or other disability, the convening authority shall appoint a qualified trial or defense counsel to continue the proceedings.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1071 - Execution of Sentence; Approval; Suspension.

32.1071 Execution of sentence; approval; suspension.
Sec. 71.
(1) A court-martial sentence involving a general officer or extending to the dismissal of an officer other than a general officer shall not be executed until approved by the governor. The governor may approve the sentence or a part, amount, or commuted form of the sentence and may suspend the execution of the sentence or any part of the sentence.
(2) A sentence which includes an unsuspended, dishonorable, or bad conduct discharge shall not be executed until approved by an officer exercising general court-martial jurisdiction. That officer may approve the sentence or a part, amount, or commuted form of the sentence and may suspend the execution of the sentence or any part of the sentence.
(3) Any other court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by the convening authority. The convening authority may approve the sentence or a part, amount, or commuted form of sentence, and may suspend the execution of the sentence or any part of the sentence.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1072 - Violation of Probation; Hearing; Representation by Counsel; Sending Record of Hearing and Recommendation for Action to Governor or Commanding Officer of Force; Vacating Suspension of Sentence.

32.1072 Violation of probation; hearing; representation by counsel; sending record of hearing and recommendation for action to governor or commanding officer of force; vacating suspension of sentence.
Sec. 72.
(1) Before the vacation of the suspension of a special court-martial sentence which, as approved, includes a dishonorable or bad conduct discharge, or of a general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if the probationer desires.
(2) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the governor in cases involving a general court-martial sentence and to the commanding officer of the force of the state military forces of which the probationer is a member in all other cases covered by subsection (1). If the governor or commanding officer vacates the suspension, the unexecuted part of the sentence shall be executed.
(3) The suspension of any other sentence may be vacated for the command in which the accused is serving or assigned, by an authority competent to convene a court of the kind that imposed the sentence.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1073 - Petition for New Trial; Grounds; Time Limitation.

32.1073 Petition for new trial; grounds; time limitation.
Sec. 73.
Not later than 1 year after approval of a court-martial sentence, pursuant to section 71, which extends to dismissal or dishonorable discharge, the accused may petition the governor for a new trial on the grounds of newly discovered evidence or fraud.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1074 - Remitting or Suspending Part or Amount of Unexecuted Sentence; Substituting Administrative Form of Discharge for Dishonorable Discharge or Dismissal.

32.1074 Remitting or suspending part or amount of unexecuted sentence; substituting administrative form of discharge for dishonorable discharge or dismissal.
Sec. 74.
(1) A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures.
(2) The governor, for good cause, may substitute an administrative form of discharge for a dishonorable discharge or dismissal executed pursuant to a sentence of a court-martial.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 9 - (32.1060...32.1075) › Section 32.1075 - Restoration of Rights, Privileges, and Property Affected by Executed Part of Court-Martial Sentence That Is Set Aside or Disapproved; Exception; Substituting Administrative Form of Discharge Where Previously Executed Sentence of Dishonorable Discharge or Dismissal Not Imposed on New Trial; Exception; Reappointment of Dismissed Officer.

32.1075 Restoration of rights, privileges, and property affected by executed part of court-martial sentence that is set aside or disapproved; exception; substituting administrative form of discharge where previously executed sentence of dishonorable discharge or dismissal not imposed on new trial; exception; reappointment of dismissed officer.
Sec. 75.
(1) Each right, privilege, 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 the executed part is included in a sentence imposed upon the new trial or rehearing.
(2) If a previously executed sentence of dishonorable discharge is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issuance, unless the accused is to serve out the remainder of his or her enlistment.
(3) If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor to the commissioned grade and with the rank, in the opinion of the governor, that the former officer would have attained had the former officer not been dismissed. The reappointment of the former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1077 - Person Subject to Code as Principal.

32.1077 Person subject to code as principal.
Sec. 77.
A person subject to this code is a principal if the person commits 1 of the following acts:
(a) An offense punishable by this code or aids, abets, counsels, commands, or procures the commission of the offense.
(b) Causes an act to be done which if directly performed by the person would be punishable by the code.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1078 - Receiving, Comforting, or Assisting Offender; Punishment.

32.1078 Receiving, comforting, or assisting offender; punishment.
Sec. 78.
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 directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1079 - Finding Accused Guilty of Offense Necessarily Included in Offense Charged or of Attempt to Commit Offense Charged or Offense Necessarily Included in Offense Charged.

32.1079 Finding accused guilty of offense necessarily included in offense charged or of attempt to commit offense charged or offense necessarily included in offense charged.
Sec. 79.
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 in the offense charged.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1080 - Attempt to Commit Offense; Punishment; Conviction of Attempt Where Offense Completed.

32.1080 Attempt to commit offense; punishment; conviction of attempt where offense completed.
Sec. 80.
(1) An act, done with the specific intent to commit an offense under this code, amounting to more than mere preparation, even though failing to effect its commission, is an attempt to commit that offense.
(2) A person subject to this code who attempts to commit an offense punishable by this code shall be punished as a court-martial directs, unless otherwise specifically prescribed.
(3) A person subject to this code may be convicted of an attempt to commit an offense even if it appears on the trial from evidence presented at the trial or from a guilty plea that the offense was complete.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1081 - Conspiracy; Punishment.

32.1081 Conspiracy; punishment.
Sec. 81.
A person subject to this code who conspires with any other person to commit an offense under this code, if 1 or more of the conspirators does an act to effect the object of the conspiracy, shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1082 - Soliciting or Advising Another to Desert, Mutiny, or Commit Act of Misbehavior Before Enemy or Sedition; Punishment.

32.1082 Soliciting or advising another to desert, mutiny, or commit act of misbehavior before enemy or sedition; punishment.
Sec. 82.
(1) A person subject to this code who solicits or advises another to desert in violation of section 85 or mutiny in violation of section 94, if the offense solicited or advised is attempted or committed, shall be punished as provided for in the commission of the offense. If the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial directs.
(2) A person subject to this code who solicits or advises another to commit an act of misbehavior before the enemy in violation of section 99 or sedition in violation of section 94, if the offense solicited or advised is committed, shall be punished as provided for in the commission of the offense. If the offense solicited or advised is not committed, the person shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1083 - Procuring Enlistment or Appointment by Means of Knowingly False Representations or Deliberate Concealment as to Qualifications; Receiving Pay or Allowances; Procuring Separation by Means of Knowingly False Representations or Deliberate Concealment as to Eligibility.

32.1083 Procuring enlistment or appointment by means of knowingly false representations or deliberate concealment as to qualifications; receiving pay or allowances; procuring separation by means of knowingly false representations or deliberate concealment as to eligibility.
Sec. 83.
A person shall be punished as a court-martial directs if the person commits 1 of the following acts:
(a) Procures his or her own enlistment or appointment in the state military forces by means of knowingly false representations or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances under the enlistment.
(b) Procures his or her own separation from the state military forces by means of knowingly false representations or deliberate concealment as to his or her eligibility for the separation.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1084 - Effecting Enlistment, Appointment, or Separation of Person Known to Be Ineligible; Punishment.

32.1084 Effecting enlistment, appointment, or separation of person known to be ineligible; punishment.
Sec. 84.
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 that person to be ineligible for the enlistment, appointment, or separation because it is prohibited by law, rule, regulation, or order shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1085 - Desertion; Member of State Military Forces Not Prohibited From Accepting Employment in Another State or Leaving State in Pursuance of Vocation, Education, or Profession; Informing Commanding Officer of Absence; Waiver; Punishment.

32.1085 Desertion; member of state military forces not prohibited from accepting employment in another state or leaving state in pursuance of vocation, education, or profession; informing commanding officer of absence; waiver; punishment.
Sec. 85.
(1) A member of the state military forces is guilty of desertion if the member commits 1 of the following acts:
(a) Without proper authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away permanently.
(b) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.
(c) Without being regularly separated from 1 of the forces of the state military forces, enlists or accepts an appointment in the same or another state military force without fully disclosing the fact that he or she has not been regularly separated.
(2) Notwithstanding subsection (1), a member of the state military forces shall not be, in time of peace or order, prohibited from accepting bona fide employment in another state or leaving the boundaries of this state in pursuance of a vocation, education, or profession if before so doing the member fully informs the member's commanding officer of the absence from the state and the reasons for the absence. However, the commanding officer may waive this requirement.
(3) An officer of the state military forces who, having tendered his or her resignation and before due notice of the acceptance of the resignation, quits his or her post or proper duties without leave and with intent to remain away permanently is guilty of desertion.
(4) A person found guilty of desertion shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1086 - Failure to Go To, or Going or Remaining Absent From, Place of Duty; Punishment.

32.1086 Failure to go to, or going or remaining absent from, place of duty; punishment.
Sec. 86.
A person subject to this code who, without proper authority, fails to go to his or her appointed place of duty at the time prescribed, goes from that place, absents himself or herself or remains absent from the person's unit, organization, or other place of duty at which the person is required to be at the time prescribed shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1087 - Missing Movement of Ship, Train, Bus, Motor Convoy, Vehicle, Airplane, or Unit; Punishment.

32.1087 Missing movement of ship, train, bus, motor convoy, vehicle, airplane, or unit; punishment.
Sec. 87.
A person subject to this code who through neglect or design misses the movement of a ship, train, bus, motor convoy, vehicle, airplane, or unit with which the person is required in the course of duty to move shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1088 - Use of Contemptuous Words; Prohibition; Violation.

32.1088 Use of contemptuous words; prohibition; violation.
Sec. 88.
(1) A person subject to this act shall not use contemptuous words against the president, vice president, congress, secretary of defense, a secretary of a military department, the director of the Michigan department of military and veterans affairs, or the governor or the legislature of this state while he or she is on duty, or against the governor or the legislature of any other state, territory, commonwealth, or possession while he or she is on duty and present in that state, territory, commonwealth, or possession.
(2) A person who violates this section is guilty of an offense punishable as a court-martial may direct, subject to all recognized common law or constitutional immunities within this state.
History:
Add. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1089 - Disrespect Toward Superior Commissioned Officer; Punishment.

32.1089 Disrespect toward superior commissioned officer; punishment.
Sec. 89.
A person subject to this code who behaves with disrepect toward a superior commissioned officer shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1090 - Striking, Drawing or Lifting Up Weapon, or Offering Violence Against Superior Commissioned Officer; Wilful Disobedience of Lawful Command; Punishment.

32.1090 Striking, drawing or lifting up weapon, or offering violence against superior commissioned officer; wilful disobedience of lawful command; punishment.
Sec. 90.
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts:
(a) Strikes a superior commissioned officer, draws or lifts up a weapon, or offers violence against the officer while the officer is in the execution of the officer's duty.
(b) Wilfully disobeys a lawful command of a superior commissioned officer.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1091 - Prohibited Acts by Warrant Officer or Enlisted Person; Punishment.

32.1091 Prohibited acts by warrant officer or enlisted person; punishment.
Sec. 91.
A warrant officer or enlisted person who commits 1 of the following acts shall be punished as a court-martial directs:
(a) Strikes or assaults a warrant officer or noncommissioned officer when the officer is in the execution of the officer's duty.
(b) Wilfully disobeys the lawful order of a warrant officer or noncommissioned officer.
(c) Treats with contempt or disrespect, in language or deportment, a warrant officer or noncomissioned officer, while the officer is in the execution of the officer's duty.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1092 - Violating or Failing to Obey Lawful Order, Rule, or Regulation; Dereliction in Performance of Duties; Punishment.

32.1092 Violating or failing to obey lawful order, rule, or regulation; dereliction in performance of duties; punishment.
Sec. 92.
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts:
(a) Violates or fails to obey a lawful general order, rule, or regulation.
(b) Having knowledge of a lawful order issued by a member of the armed forces which it is the person's duty to obey, fails to obey that order.
(c) Is derelict in the performance of duties.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1093 - Cruelty Toward or Oppression or Maltreatment of Person Subject to Person's Orders; Punishment.

32.1093 Cruelty toward or oppression or maltreatment of person subject to person's orders; punishment.
Sec. 93.
A person subject to this code who is guilty of cruelty toward or oppression or maltreatment of a person subject to the person's orders shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1094 - Mutiny, Sedition, or Failure to Suppress or Report Mutiny or Sedition; Punishment.

32.1094 Mutiny, sedition, or failure to suppress or report mutiny or sedition; punishment.
Sec. 94.
(1) A person subject to this code:
(a) Who, with the intent to usurp or override a lawful military authority, refuses, in concert with another person, to obey an order or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.
(b) Who, with the intent to cause the overthrow or destruction of a lawful civil authority, creates, in concert with another person, revolt, violence, or other disturbance against that authority is guilty of sedition.
(c) Who fails to do the utmost to prevent and suppress an offense of mutiny or sedition being committed in the person's presence or fails to take all reasonable means to inform a superior officer or commanding officer of an offense of mutiny or sedition which the person knows of or has reason to believe is taking place is guilty of a failure to suppress or report a mutiny or sedition.
(2) 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 directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1095 - Resisting Apprehension, Breaking Arrest, or Escaping From Custody or Confinement; Punishment.

32.1095 Resisting apprehension, breaking arrest, or escaping from custody or confinement; punishment.
Sec. 95.
A person subject to this code who resists apprehension, breaks arrest, or escapes from custody or confinement shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1096 - Releasing Prisoner or Permitting Prisoner to Escape; Punishment.

32.1096 Releasing prisoner or permitting prisoner to escape; punishment.
Sec. 96.
A person subject to this code who, without proper authority, releases a prisoner committed to the person's charge, or who through neglect or design permits the prisoner to escape, shall be punished as a court-martial directs, whether or not the prisoner was committed in strict compliance with law.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1097 - Wrongful Apprehension, Arrest, or Confinement of Person; Punishment.

32.1097 Wrongful apprehension, arrest, or confinement of person; punishment.
Sec. 97.
Except as provided by law, a person subject to this code, who wrongfully apprehends, arrests, or confines a person shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1098 - Unnecessary Delay in Disposition of Accused Person's Case; Failure to Enforce or Comply With Code Provision Regulating Proceedings Before, During, or After Trial; Punishment.

32.1098 Unnecessary delay in disposition of accused person's case; failure to enforce or comply with code provision regulating proceedings before, during, or after trial; punishment.
Sec. 98.
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts:
(a) Is responsible for unnecessary delay in the disposition of a case of a person accused of an offense under this code.
(b) Knowingly and intentionally fails to enforce or comply with a provision of this code regulating the proceedings before, during, or after trial of an accused.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1099 - Prohibited Acts Committed Before or in Presence of Enemy, in Peacetime Emergency, or Civil Disturbance; Punishment.

32.1099 Prohibited acts committed before or in presence of enemy, in peacetime emergency, or civil disturbance; punishment.
Sec. 99.
A person subject to this code who before or in the presence of the enemy or during the performance of duty in a peacetime emergency or civil disturbance operation commits 1 of the following acts shall be punished as a court-martial directs:
(a) Runs away.
(b) Abandons, surrenders, or delivers up a command, unit, place, or military property which it is the person's duty to defend.
(c) Through disobedience, neglect, or intentional misconduct endangers the safety of a command, unit, place, or military property.
(d) Casts away arms or ammunition.
(e) Is guilty of cowardly conduct.
(f) Quits a place of duty to plunder or pillage.
(g) Causes false alarms in a command, unit, or place under the control of the armed forces of the United States, the state military forces, or the military forces of any other state or territory.
(h) Willfully fails to do the person's utmost to encounter, engage, capture, or destroy enemy troops, combatants, vessels, aircraft, or any other thing which it is the person's duty to encounter, engage, capture, or destroy.
(i) Does not afford all practicable relief and assistance to troops, combatants, vessels, or aircraft of the armed forces belonging to the United States, to their allies, or to any other state or to the state military forces if engaged in battle.
(j) Willfully fails to do his or her utmost to suppress civil disturbance while engaged in an emergency response operation.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1100 - Compelling or Attempting to Compel Commander to Abandon or Give Up to Enemy Place, Vessel, Aircraft, or Property; Striking Colors or Flag to Enemy Without Authority; Punishment.

32.1100 Compelling or attempting to compel commander to abandon or give up to enemy place, vessel, aircraft, or property; striking colors or flag to enemy without authority; punishment.
Sec. 100.
A person subject to this code who compels or attempts to compel the commander of a place, vessel, aircraft, or of other military property or of a body of members of the armed forces of the United States or of any other state or territory or of the state military forces to give the place, vessel, aircraft, or property 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 directs.
History:
1980, Act 523, Eff. Mar. 31, 1981