reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192 — National Guard › Section 192.68 — Courts, Compensation; Disposition Of Fines.

192.68 COURTS, COMPENSATION; DISPOSITION OF FINES.
Subdivision 1.
Transportation; per diem.
Members of general and special courts-martial and courts of inquiry shall be allowed transportation in kind, and per diem pay as per military grade for time actually employed in the duties assigned them. Transportation in kind shall be furnished to all prosecutors, prisoners, witnesses, and sheriffs, to and from the place or places designated for meetings of these courts. The per diem pay of military and civilian witnesses shall be the same as in civil courts of law, and be paid by the adjutant general out of the appropriation for the maintenance of the National Guard.
Subd. 2.
Fines; costs of prosecution.
The proceeds of all fines in summary, general, and special court-martial cases shall be paid to the adjutant general and paid into the maintenance fund of the National Guard, and all costs of prosecution shall be paid out of the same fund.
Subd. 3.
Fees for executing warrants or process.
Civil officers and National Guard members executing the warrants or process of a military court shall receive as compensation therefor the fees allowed by law for like service in the civil courts, which fees are to be taxed by such court and, in summary cases, paid out of the military fund of the company of which the accused is a member. All fees and expenses of trial in general and special courts-martial cases and the fees of jailors in all cases for the keep of prisoners shall be paid by the adjutant general out of the funds appropriated for the maintenance of the National Guard. No fees shall be allowed or paid to such officers unless an itemized statement thereof is endorsed on and forthwith returned with such warrant or process to the court issuing the same.
History:
(2472) 1921 c 506 s 78; 1963 c 550 s 5; 1986 c 444; 2005 c 10 art 2 s 4
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192 — National Guard › Section 192.82 — Offenders May Be Committed To Jail.

192.82 OFFENDERS MAY BE COMMITTED TO JAIL.
In default of payments of any fine, forfeiture, or costs, imposed by any military court after approval of sentence by the reviewing authority, the offender shall be committed to any county jail designated by the court for a period equal to one day for each dollar of fine imposed and unpaid.
History:
(2487) 1921 c 506 s 93
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192 — National Guard › Section 192.85 — Civil Officers Shall Be Guilty Of Misdemeanors For Refusal To Act.

192.85 CIVIL OFFICERS SHALL BE GUILTY OF MISDEMEANORS FOR REFUSAL TO ACT.
Any sheriff, jailer, or other civil officer named in the Military Code, who shall neglect or refuse to obey, execute or return the lawful warrant or other process of a military court, or make a false return thereon, shall be guilty of a misdemeanor and in addition to the penalties attaching thereto, shall forfeit $50 for each offense or neglect of duty, the same to be recovered in civil action against such officer and the official sureties by the adjutant general for the benefit of the maintenance fund of the National Guard.
History:
(2490) 1921 c 506 s 96; 1986 c 444; 2005 c 10 art 2 s 4
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192 — National Guard › Section 192.90 — Interstate Assistance By Minnesota Responds Medical Reserve Corps.

192.90 INTERSTATE ASSISTANCE BY MINNESOTA RESPONDS MEDICAL RESERVE CORPS.
Subdivision 1.
Status as officers or employees.
When another state or other jurisdiction participating in the Interstate Emergency Management Assistance Compact requests health assistance, this state's authorized representative under section 192.89, subdivision 3, may request Minnesota Responds Medical Reserve Corps volunteers through the commissioner of health. Minnesota Responds Medical Reserve Corps volunteers approved by the commissioner of health as provided in section 145A.06 must be considered "officers and employees" of this state eligible for deployment by the state's authorized representative under section 192.89.
Subd. 2.
Workers' compensation benefits.
During deployments within the scope of section 192.89, subdivision 1, a Minnesota Responds Medical Reserve Corps volunteer suffering personal injury or death must receive workers' compensation as provided in section 176.011, subdivision 9, clause (25).
Subd. 3.
Limitation.
Deployment as a Minnesota Responds Medical Reserve Corps volunteer does not make the volunteer a state officer or employee for any purpose other than those expressly stated in this section or section 145A.06 or 192.89.
History:
2008 c 202 s 9
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192 — National Guard › Section 192.91 — Interstate Assistance By Local Governments.

192.91 INTERSTATE ASSISTANCE BY LOCAL GOVERNMENTS.
Subdivision 1.
Authorization.
A political subdivision may provide interstate assistance pursuant to section 192.89.
Subd. 2.
Liability.
Employees or officers of a political subdivision providing assistance under section 192.89 are "employees of the state" as described in section 3.736.
Subd. 3.
Limitation.
When providing assistance under section 192.89, a political subdivision or its officers or employees are not liable for any act or omission made in good faith or for the maintenance or use of any equipment or supplies used in connection with the assistance. "Good faith" does not include willful misconduct, gross negligence, or recklessness.
History:
2008 c 202 s 10; 2008 c 229 s 1; 2011 c 76 art 1 s 80
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.01 — Short Title.

192A.01 SHORT TITLE.
Subdivision 1.
Citation.
This chapter may be cited as the Minnesota Code of Military Justice.
Subd. 2.
[Repealed, 1978 c 552 s 48]
History:
1963 c 661 s 192A.01
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.015 — Definitions.

192A.015 DEFINITIONS.
In this chapter, unless the context otherwise requires:
(1) "Accuser" means a person who signs and swears to charges, any person who directs that charges be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused;
(2) "Active state duty" means the same as state active service defined in section 190.05, subdivision 5a;
(3) "Code" means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190.05, subdivision 5c;
(9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or rule;
(10) "In federal service" and "not in federal service" mean the same as those terms are used and construed in federal laws and regulations;
(11) "May" is used in a permissive sense. The words "no person may" mean that no person is required, authorized, or permitted to do the act prescribed;
(12) "Military" refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A.04;
(18) "State military forces" means the National Guard of the state, as defined in United States Code, title 32, section 101(3) and any other military force organized under the laws of the state;
(19) "Superior commissioned officer" means a commissioned officer superior in rank and command.
History:
1963 c 661 s 192A.015; 1978 c 552 s 1; 1983 c 193 s 8; 1985 c 248 s 70; 2002 c 308 s 1
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.02 — Persons Subject To This Code; Jurisdiction.

192A.02 PERSONS SUBJECT TO THIS CODE; JURISDICTION.
Subdivision 1.
Applicability.
(a) This code applies to all members of the state military forces as defined by section 190.05.
(b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force.
Subd. 2.
Military service.
This code applies to a member of the military when the member is in a status provided for by United States Code, title 32, a regulation adopted pursuant to United States Code, title 32, or in state active service. This military service includes:
(1) travel to and from the inactive duty training site of the member, pursuant to orders or regulations;
(2) intervals between consecutive periods of inactive duty training on the same day, pursuant to orders or regulations; and
(3) intervals between inactive duty training on consecutive days, pursuant to orders or regulations.
Subd. 3.
Primary and concurrent military jurisdiction.
(a) Courts-martial have primary jurisdiction of purely military offenses listed in section 192A.021. Except for crimes designated as purely military offenses in section 192A.021, a proper civilian tribunal has primary jurisdiction over an act or omission that violates both this code and local criminal law, foreign or domestic. In such cases a court-martial may be initiated only after the civilian authority has declined or dismissed charges, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, and accessory crimes must be determined by the underlying offense pursuant to section 192A.021.
(b) If an act or omission is subject to trial by court-martial and prosecution by one or more civil tribunals, foreign or domestic, the determination of which nation, state, or agency will exercise jurisdiction is a matter for the nations, states, and agencies concerned, and is not a right of the suspect or accused.
(c) The provisions of this chapter conferring jurisdiction over persons shall not be construed as depriving military commissions or other military tribunals of concurrent jurisdiction in respect to offenders or offenses that by statute or by law of war may be tried by such military commissions or other military tribunals.
Subd. 4.
Presumption of jurisdiction.
The jurisdiction of the military courts and boards established by this code are presumed and the burden of proof rests on any person seeking to challenge those courts or boards of jurisdiction in any action or proceeding.
History:
1963 c 661 s 192A.02; 1978 c 552 s 2; 1983 c 193 s 9; 2002 c 308 s 2,3; 2013 c 78 s 1; 2022 c 89 art 3 s 1
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.021 — Purely Military Offenses.

192A.021 PURELY MILITARY OFFENSES.
(a) Purely military offenses include the offenses contained in the following sections: 192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41 (Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or separation), 192A.425 (Unlawful enlistment, appointment, or separation), 192A.43 (Desertion), 192A.435 (Absent without leave), 192A.44 (Missing movement), 192A.445 (Contempt towards officials), 192A.45 (Disrespect towards superior commissioned officer), 192A.455 (Assaulting or willfully disobeying superior commissioned officer), 192A.46 (Insubordinate conduct toward warrant officer or noncommissioned officer), 192A.465 (Failure to obey order or rule), 192A.47 (Cruelty and maltreatment), 192A.475 (Mutiny or sedition), 192A.48 (Resistance, breach of arrest, and escape), 192A.495 (Noncompliance with procedural rules), 192A.50 (Misbehavior before the enemy), 192A.51 (Improper use of countersign), 192A.515 (Forcing a safeguard), 192A.525 (Aiding the enemy), 192A.54 (Military property; loss, damage, destruction, or wrongful disposition), 192A.55 (Improper hazarding of vessel), 192A.56 (Drunk on duty; sleeping on post; leaving post before relief), 192A.566 (Illegal presence of controlled substance while in duty status), 192A.57 (Malingering), 192A.60 (Conduct unbecoming an officer), 192A.605 (General article), 192A.6011 (Prohibited activities with military recruit or trainee by person in a position of special trust), 192A.6012 (Nonconsensual distribution of intimate images), 192A.6014 (Unauthorized use of government computer), and 192A.6015 (Retaliation).
(b) Upon request of the governor or the adjutant general, the superintendent of the Bureau of Criminal Apprehension shall investigate military offenses or any other act or omission under this code within the jurisdiction of the military courts and tribunals.
History:
2002 c 308 s 4; 2022 c 89 art 6 s 1,11
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.025 — Jurisdiction To Try Certain Personnel.

192A.025 JURISDICTION TO TRY CERTAIN PERSONNEL.
Subdivision 1.
Fraudulent discharge.
Each person discharged from the state military forces not in federal active service who is later charged with having fraudulently obtained the discharge is, subject to section 192A.235, subject to trial by court-martial on that charge and is after apprehension subject to this code while in the custody of the military for that trial. Upon conviction of that charge the person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
Subd. 2.
Deserters.
No person who has deserted from the state military forces not in federal active service may be relieved from the jurisdiction of this code by virtue of a separation from any later period of service.
History:
1963 c 661 s 192A.025; 1986 c 444; 2002 c 308 s 5
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.03 — Dismissal Of Commissioned Officer.

192A.03 DISMISSAL OF COMMISSIONED OFFICER.
Subdivision 1.
Application for court-martial.
Any commissioned officer, dismissed by order of the governor, may make a written application for trial by court-martial, setting forth, under oath, that the dismissal was wrongful. The governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which the officer was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
Subd. 2.
Substitution of discharge.
If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this code, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
Subd. 3.
Reappointment by governor.
If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had there been no dismissal. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
Subd. 4.
No right to trial.
If an officer is discharged from the organized militia by administrative action or by board proceedings under law, or is dropped from the rolls by order of the governor, the officer has no right to trial under this section.
History:
1963 c 661 s 192A.03; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.035 — Territorial Applicability Of Code.

192A.035 TERRITORIAL APPLICABILITY OF CODE.
Subdivision 1.
Code.
This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
Subd. 2.
Courts-martial and courts of inquiry.
Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
History:
1963 c 661 s 192A.035
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.04 — Judge Advocates And Legal Officers.

192A.04 JUDGE ADVOCATES AND LEGAL OFFICERS.
Subdivision 1.
State judge advocate.
The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five years.
Subd. 2.
Assistants.
The adjutant general may appoint as many assistant state judge advocates as the adjutant general considers necessary. To be eligible for appointment, assistant state judge advocates must be officers of the state military forces and members of the bar of the highest court of the state.
Subd. 3.
Field inspections.
The state judge advocate or assistant state judge advocates shall make frequent inspections in the field in supervision of the administration of military justice.
Subd. 4.
[Repealed, 1978 c 552 s 48]
Subd. 5.
[Repealed, 1978 c 552 s 48]
History:
1963 c 661 s 192A.04; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.041 — Practice Of Military Law.

192A.041 PRACTICE OF MILITARY LAW.
Any commissioned officer of a United States state or territory military force who meets the following qualifications may be accepted by the state judge advocate to conduct any and all administrative or Minnesota Code of Military Justice activities under this code and is exempt from section 481.02:
(1) has served as a member of the Judge Advocate Generals Corps for not less than two years;
(2) is currently certified as competent for such duty by the Judge Advocate General of the military force of which the individual is a member; and
(3) is a member of good standing of the bar of the highest court of any state.
History:
2022 c 89 art 2 s 1
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.045 — Apprehension.

192A.045 APPREHENSION.
Subdivision 1.
[Repealed, 2002 c 308 s 71]
Subd. 2.
Who may act; probable cause.
Any person authorized by this code, or by rules issued under it, or any licensed peace officer, may apprehend persons subject to this code upon probable cause to believe that an offense has been committed and that the person apprehended committed it.
Subd. 3.
Absence without leave.
If any person subject to this code misses a movement to, or is absent without official leave from, any military duty defined under section 190.05, subdivisions 5a and 5b, the person may be apprehended and delivered to the person's commanding officer or the officer in charge. Apprehension may be made by military police personnel or by any licensed peace officer pursuant to a warrant issued by a military judge upon a finding of probable cause.
Subd. 4.
Quarrels, frays, and disorders.
Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
History:
1963 c 661 s 192A.045; 1978 c 552 s 3; 1985 c 248 s 70; 1986 c 444; 2002 c 308 s 6,7; 2013 c 78 s 2
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.05 — Apprehension Of Deserters.

192A.05 APPREHENSION OF DESERTERS.
Any licensed peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state military forces and deliver the deserter into the custody of the state military forces. If an offender is apprehended outside the state, the offender's return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
History:
1963 c 661 s 192A.05; 1986 c 444; 2002 c 308 s 8
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.055 — Imposition Of Pretrial Restraint.

192A.055 IMPOSITION OF PRETRIAL RESTRAINT.
Subdivision 1.
Definition.
"Pretrial restraint" means any restraint on a person's liberty which is imposed before and during disposition of offenses and may consist of conditions on liberty, restriction, or confinement.
For the purposes of this section:
(1) "conditions on liberty" are imposed by orders directing a person to do or refrain from doing specified acts;
(2) "restriction" is the restraint of a person by oral or written orders directing the person to remain within specified limits; and
(3) "confinement" is physical restraint, imposed by order of competent authority, depriving a person of freedom pending disposition of offenses.
Subd. 2.
Enlisted members.
An enlisted member may be ordered into pretrial restraint by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the authorizing officer's command or subject to the authorizing officer's authority into pretrial restraint.
Subd. 3.
Commissioned officers or warrant officers.
A commissioned officer or a warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into pretrial restraint may not be delegated.
Subd. 4.
Probable cause.
No person may be ordered apprehended or into pretrial restraint except for probable cause.
Subd. 5.
Authority to secure alleged offenders.
This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
History:
1963 c 661 s 192A.055; 1986 c 444; 2002 c 308 s 9
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.065 — Confinement In Jails.

192A.065 CONFINEMENT IN JAILS.
Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the governor or by such person as the governor may authorize to act.
History:
1963 c 661 s 192A.065; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.07 — Receiving Prisoners.

192A.07 RECEIVING PRISONERS.
Subdivision 1.
Requirement.
No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under section 192A.065 may refuse to receive or keep any prisoner committed to the charge of that official or facility.
Subd. 2.
[Repealed by amendment, 2002 c 308 s 10]
History:
1963 c 661 s 192A.07; 1986 c 444; 2002 c 308 s 10
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.08 — Delivery Of Offenders To Civil Authorities.

192A.08 DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES.
Subdivision 1.
Authority.
Under such rules as may be prescribed under this code a person subject to this code who is accused of a criminal offense against civil authority may be delivered, upon request, to the civil authority for trial.
Subd. 2.
Sequence of sentences.
When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to military custody for the completion of the sentence.
History:
1963 c 661 s 192A.08; 1985 c 248 s 70; 1986 c 444; 2002 c 308 s 11
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.09 — Members Of State Military Forces Not In Federal Active Service.

192A.09 MEMBERS OF STATE MILITARY FORCES NOT IN FEDERAL ACTIVE SERVICE.
In the state military forces not in federal active service, there shall be the following three types of courts-martial:
(1) general courts-martial, consisting of:
(i) a military judge and not less than five members; or
(ii) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves;
(2) special courts-martial, consisting of:
(i) a military judge and not less than three members; or
(ii) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves; and
(3) summary courts-martial, consisting of a military judge.
History:
1963 c 661 s 192A.09; 1978 c 552 s 6; 2002 c 308 s 16
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.095 — Jurisdiction Of Courts-martial In General.

192A.095 JURISDICTION OF COURTS-MARTIAL IN GENERAL.
Each force of the state military forces not in federal active service has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with rules prescribed by the governor or the adjutant general.
History:
1963 c 661 s 192A.095; 1985 c 248 s 70; 2002 c 308 s 17; 2013 c 78 s 4
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.10 — Jurisdiction Of General Courts-martial.

192A.10 JURISDICTION OF GENERAL COURTS-MARTIAL.
Subject to section 192A.095 general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code.
History:
1963 c 661 s 192A.10; 1978 c 552 s 7; 1986 c 444; 2002 c 308 s 18; 2013 c 78 s 5
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.105 — Jurisdiction Of Special Courts-martial.

192A.105 JURISDICTION OF SPECIAL COURTS-MARTIAL.
Subject to section 192A.095 special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than 90 days, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
History:
1963 c 661 s 192A.105; 1978 c 552 s 8; 1986 c 444; 2002 c 308 s 19; 2013 c 78 s 6
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.11 — Jurisdiction Of Summary Courts-martial.

192A.11 JURISDICTION OF SUMMARY COURTS-MARTIAL.
Subdivision 1.
Jurisdiction of summary courts-martial.
(a) Subject to section 192A.095 of this code, summary courts-martial have jurisdiction to try persons subject to this code, except for officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the governor or the adjutant general may prescribe.
(b) No person with respect to whom summary courts-martial have jurisdiction may object thereto. Summary courts-martial may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct discharge, confinement, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.
(c) Procedure for summary courts-martial shall conform to the procedure of Department of the Army Pamphlet 27-7 except for authorized punishments which shall conform to the limits prescribed by this code.
Subd. 2.
[Repealed, 2013 c 78 s 25]
Subd. 3.
[Repealed, 2013 c 78 s 25]
History:
1963 c 661 s 192A.11; 1978 c 552 s 9; 1986 c 444; 2002 c 308 s 20,21; 2013 c 78 s 7
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.111 — Maximum Limits.

192A.111 MAXIMUM LIMITS.
Subdivision 1.
Punishment limits.
The punishment for a violation of this code is limited to the lesser of the sentence prescribed by the manual for courts-martial of the United States in effect at the time of the offense or the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. A court-martial sentence must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of death.
Subd. 2.
Level of offense.
(a) A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than 364 days is a felony offense. All other military offenses are misdemeanors.
(b) In cases where the civilian authorities decline to prosecute and court-martial jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level of offense and punishment that a court-martial is authorized is defined by the level of offense and punishments authorized under any Minnesota state law or the manual for courts-martial of the United States for the assimilated crime.
(c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary loss of less than $1,000, confinement shall be limited to that prescribed by a special court-martial.
(d) Any conviction by a summary courts-martial is not a criminal conviction.
History:
1963 c 661 s 192A.30; 2002 c 308 s 70; 2013 c 78 s 8; 2022 c 89 art 6 s 2; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.115 — Governor's Approval Of Dismissal Or Dishonorable Discharge.

192A.115 GOVERNOR'S APPROVAL OF DISMISSAL OR DISHONORABLE DISCHARGE.
In the state military forces not in federal active service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.
History:
1963 c 661 s 192A.115; 2002 c 308 s 22
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.12 — Procedural Requirements For Dishonorable Discharge, Bad Conduct Discharge, Or Dismissal.

192A.12 PROCEDURAL REQUIREMENTS FOR DISHONORABLE DISCHARGE, BAD CONDUCT DISCHARGE, OR DISMISSAL.
A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made, qualified counsel has been detailed to represent the accused, and a military judge has presided over the trial.
History:
1963 c 661 s 192A.12; 1978 c 552 s 10
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.13 — Who May Convene General Courts-martial.

192A.13 WHO MAY CONVENE GENERAL COURTS-MARTIAL.
(a) In the state military forces not in federal active service, general courts-martial may be convened by:
(1) the governor; or
(2) the adjutant general.
(b) The governor or the adjutant general may authorize in writing other general officers in command as additional general courts-martial convening authorities. The authorization terminates no later than the term of the adjutant general or governor making the authorization.
(c) If a commanding officer or the adjutant general is an accuser, the court shall be convened by superior competent authority and may in any case be convened by a superior authority if considered desirable by that authority.
History:
1963 c 661 s 192A.13; 1978 c 552 s 11; 2002 c 308 s 23; 2013 c 78 s 9
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.135 — Who May Convene Special Courts-martial.

192A.135 WHO MAY CONVENE SPECIAL COURTS-MARTIAL.
In the state military forces not in federal active service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.
History:
1963 c 661 s 192A.135; 2002 c 308 s 24
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.14 — Who May Convene Summary Courts-martial.

192A.14 WHO MAY CONVENE SUMMARY COURTS-MARTIAL.
In the state military forces not in federal active service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a battalion, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of a military judge. Summary courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.
History:
1963 c 661 s 192A.14; 1978 c 552 s 12; 2002 c 308 s 25
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.15 — Military Judge System.

192A.15 MILITARY JUDGE SYSTEM.
Subdivision 1.
Establishment.
There is hereby established a military judge system for the military forces. The military judge system shall be in the Military Department under the command of the adjutant general. It shall consist of at least two military judges, a number of legal clerks equal to the number of judges and such additional military staff as is necessary.
Subd. 2.
Qualifications of military judge.
A military judge shall be a commissioned officer of the state military forces who has been a member of the bar of any state for at least six years, who has served as a member of the Judge Advocate Generals Corps for not less than three years, who is certified to be qualified for such duty by the Judge Advocate General of the armed force of which the officer is a member, and who is accepted by the state judge advocate to conduct any and all administrative or Minnesota Code of Military Justice activities under this code.
Subd. 3.
Detail.
A military judge must be detailed to all courts-martial and be designated by the adjutant general, or the adjutant general's designee, for detail by the convening authority.
Subd. 4.
Conflicts of interest.
No person is eligible to act as a military judge in a case if that person is the accuser or a witness for the prosecution or has acted as investigating officer or counsel in the same case.
Subd. 5.
Limitations.
The military judge of a general or special court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, if any, nor may the military judge vote with the members of the court.
History:
1963 c 661 s 192A.15; 1978 c 552 s 15; 1986 c 444; 2002 c 308 s 26,27; 2022 c 89 art 2 s 2,3
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.155 — Detail Of Trial Counsel And Defense Counsel.

192A.155 DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.
Subdivision 1.
Who may be detailed.
For each general, special, or summary court-martial or posttrial review the authority convening the court shall detail trial counsel and defense counsel, and such assistants as considered appropriate. No person who has acted as investigating officer, military judge, or court member may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
Subd. 1a.
Right to counsel.
The accused has the right to be represented before a general, special, and summary court-martial by military defense counsel or by civilian counsel if provided by the accused at the accused's own expense. Should the accused have personally selected civilian counsel, the military defense counsel, and assistant defense counsel, if any, who were detailed shall, if the accused so desires, act as associate defense counsel; otherwise they shall be excused by the military judge.
Subd. 2.
Qualifications of counsel.
Trial counsel or defense counsel detailed for a general, special, or summary court-martial:
(1) must be a person who is a member of the bar of the highest court of any state, or a member of the bar of a federal court; and
(2) must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which the individual is a member.
History:
1963 c 661 s 192A.155; 1978 c 552 s 16; 1986 c 444; 2002 c 308 s 28; 2022 c 89 art 2 s 4
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.16 — Detail Or Employment Of Reporters And Interpreters.

192A.16 DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS.
The convening authority of a general, special, or summary court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. The convening authority of a military court shall detail or employ certified interpreters, as necessary, who shall interpret for the court.
History:
1963 c 661 s 192A.16; 1978 c 552 s 17; 2002 c 308 s 29
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.20 — Governor May Prescribe Rules.

192A.20 GOVERNOR MAY PRESCRIBE RULES.
The procedure, including modes of proof, in cases before military courts and other military tribunals organized under this code may be prescribed by the governor or the adjutant general by rules, which shall, so far as the governor or the adjutant general considers practicable, apply the principles of law and the rules of evidence generally recognized in the manual for courts-martial of the United States, but which may not be contrary to or inconsistent with this code.
History:
1963 c 661 s 192A.20; 1985 c 248 s 70; 1986 c 444; 2013 c 78 s 10; 2022 c 89 art 4 s 1
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.235 — Statute Of Limitations.

192A.235 STATUTE OF LIMITATIONS.
Subdivision 1.
No limitation.
A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.
Subd. 2.
[Repealed, 2002 c 308 s 71]
Subd. 3.
Three-year limitation.
Except as otherwise provided in subdivision 1, and section 628.26, a person charged with any offense is not liable to be tried by court-martial or punished under section 192A.0851 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under section 192A.0851. The limitation for violations of any offense prescribed under this section shall be the lesser of the limitation prescribed by the manual for courts-martial of the United States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance shall any limitation exceed that authorized by this code.
Subd. 4.
Excluded periods.
Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
History:
1963 c 661 s 192A.235; 1986 c 444; 2002 c 308 s 31; 2013 c 78 s 11; 2022 c 89 art 4 s 2
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.24 — Former Jeopardy.

192A.24 FORMER JEOPARDY.
Subdivision 1.
General principle.
No person may, without that person's consent, be tried a second time in any military court of the state for the same offense.
Subd. 2.
Finality of conviction.
No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
Subd. 3.
Trial defined.
A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
History:
1963 c 661 s 192A.24; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.25 — Opportunity To Obtain Witnesses And Other Evidence.

192A.25 OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE.
Subdivision 1.
Equal opportunity.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such rules as the governor may prescribe.
Subd. 2.
Powers of military judge.
The military judge of a court-martial may:
(1) issue a warrant for the arrest of any accused person who having been served with a warrant and a copy of the charges disobeys a written order by the convening authority to appear before the court;
(2) issue subpoenas duces tecum and other subpoenas;
(3) enforce by attachment the attendance of witnesses and the production of books and papers; and
(4) sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
Subd. 3.
Service of process.
Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence may be executed and served in any part of the state as prescribed by law.
History:
1963 c 661 s 192A.25; 1978 c 552 s 29; 1979 c 50 s 21; 1985 c 248 s 70; 2002 c 308 s 32
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.255 — Refusal To Appear Or Testify.

192A.255 REFUSAL TO APPEAR OR TESTIFY.
Any person not subject to this code who:
(1) has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before a court;
(2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the district court of the state; and
(3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person has been legally subpoenaed to produce;
is guilty of an offense against the state and a military court may punish that person in the same manner as the civil courts of the state.
History:
1963 c 661 s 192A.255; 1983 c 247 s 81; 1986 c 444
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.26 — Contempts.

192A.26 CONTEMPTS.
A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100 or both.
History:
1963 c 661 s 192A.26
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.28 — Grounds For Conviction.

192A.28 GROUNDS FOR CONVICTION.
Subdivision 1.
Requirement.
No person may be convicted of an offense except:
(1) pursuant to a proper plea which has been duly accepted by the court;
(2) pursuant to a finding of guilty by the trial judge in a summary court-martial or where the defense has properly waived a trial by members; or
(3) by the concurrence of two-thirds of the members present at the time the vote is taken.
Subd. 2.
[Repealed by amendment, 2002 c 308 s 33]
Subd. 3.
[Repealed by amendment, 2002 c 308 s 33]
History:
1963 c 661 s 192A.28; 1978 c 552 s 32; 2002 c 308 s 33
2023 Minnesota Statutes › Chapters 190 - 195 — Military Affairs › Chapter 192A — Uniform Code Of Military Justice › Section 192A.31 — Execution Of Confinement.

192A.31 EXECUTION OF CONFINEMENT.
Subdivision 1.
Location; conditions.
A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state.
Subd. 2.
[Repealed, 2002 c 308 s 71]
Subd. 3.
Receiving and confining persons.
The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such persons as the governor may authorize to act under section 192A.065, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person, except as provided by law.
History:
1963 c 661 s 192A.31; 1986 c 444; 2002 c 308 s 34