reglab/statecodes huggingface dataset:
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.63 - Review by a Judge Advocate.

§ 130.63. Review  by  a judge advocate.   (a) Each case in which there
has been a finding of guilt that is not reviewed under section 130.65 or
130.68 of this article shall be  reviewed  by  a  judge  advocate  under
regulations  of  the adjutant general. A judge advocate may not review a
case under this subdivision if he has acted  in  the  same  case  as  an
accuser,  investigating officer, member of the court, military judge, or
counsel or has otherwise acted on behalf of the prosecution or  defense.
The  judge  advocate's  review shall be in writing and shall contain the
following:
(1) Conclusions as to whether:
(A) the court had jurisdiction over the accused and the offense;
(B) the charge and specification stated an offense; and
(C) the sentence was within the limits prescribed as a matter of law.
(2) A response to each allegation of error  made  in  writing  by  the
accused.
(3)  If  the  case  is  sent  for action under subdivision (b) of this
section, a recommendation as to the appropriate action to be  taken  and
an  opinion  as  to whether corrective action is required as a matter of
law.
(b) The record of trial and related documents in  each  case  reviewed
under  subdivision  (a)  of this section shall be sent for action to the
person exercising general court-martial jurisdiction over the accused at
the time the court was  convened  (or  to  that  person's  successor  in
command) if:
(1)  the  judge  advocate  who reviewed the case recommends corrective
action;
(2) the sentence approved under subdivision (c) of section  130.60  of
this  article  extends  to  dismissal,  a  bad-conduct  or  dishonorable
discharge or any confinement; or
(3) such action is otherwise required by regulations of  the  adjutant
general.
(c)  (1)  The person to whom the record of trial and related documents
are sent under subdivision (b) of this section may:
(A) disapprove or approve the findings or sentence,  in  whole  or  in
part;
(B) remit, commute, or suspend the sentence in whole or in part;
(C) except where the evidence was insufficient at the trial to support
the  findings, order a rehearing on the findings, on the sentence, or on
both; or
(D) dismiss the charges.
(2) If a rehearing is ordered but  the  convening  authority  finds  a
rehearing impracticable, he shall dismiss the charges.
(3)  If  the  opinion of the judge advocate's review under subdivision
(a) of this section is that corrective action is required as a matter of
law and if the person required to take action under subdivision  (b)  of
this  section  does not take action that is at least as favorable to the
accused as that recommended by the judge advocate, the record  of  trial
and  action thereon shall be sent to the state judge advocate for review
under section 130.68 of this article.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.64 - Disposition of Records.

§ 130.64. Disposition  of records.  (a) In a case subject to appellate
review under section 130.65 of this article in which the right  to  such
review is not waived, or an appeal is not withdrawn under section 130.61
of  this  article,  the  record  of  trial  and  action thereon shall be
transmitted to the state judge advocate for appropriate action.
(b) Except as otherwise required by this chapter, all other records of
trial and related documents shall be transmitted and disposed of as  the
adjutant general may prescribe by regulation.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.65 - Review by Board of Military Review and Approval by the Adjutant General.

§ 130.65. Review  by  board  of  military  review  and approval by the
adjutant general.  (a) The state judge advocate shall establish a  board
of  military  review  which  shall  be  composed  of not less than three
officers of the organized militia or on the state reserve list or  state
retired list, each of whom shall be a member of the bar of the state.
(b) The state judge advocate shall refer to a board of military review
the record in each case of trial by court-martial:
(1)  in  which  the  sentence, as approved, extends to, dismissal of a
commissioned officer, dishonorable  or  bad-conduct  discharge,  or  any
confinement; and
(2) the right to appellate review has not been waived or an appeal has
not been withdrawn under section 130.61 of this article.
(c)  In  a  case  referred to it, the board of military review may act
only with respect to the  findings  and  sentence  as  approved  by  the
convening  authority. It may affirm only such findings of guilty and the
sentence or such part or amount of the sentence, as it finds correct  in
law  and  fact and determines, on the basis of the entire record, should
be approved.   In considering the record, it  may  weigh  the  evidence,
judge the credibility of witnesses, and determine controverted questions
of fact, recognizing that the trial court saw and heard the witnesses.
(d)  If  the  board  of  military  review  sets aside the findings and
sentence, it may, except where the setting aside is  based  on  lack  of
sufficient  evidence  in  the  record  to  support the findings, order a
rehearing. If it sets aside the findings and sentence and does not order
a rehearing, it shall order that the charges be dismissed.
(e) The action taken by the board of review shall be  subject  to  the
approval  of  the  adjutant general. If the adjutant general disapproves
the action taken by the board of review, he may take any action  on  the
sentence  or  findings  that  could  be taken by the convening authority
under section 130.60 of this article.
(f) The state judge advocate shall, unless  there  is  to  be  further
action  by the governor, instruct the convening authority to take action
in accordance with the decision of  the  board  of  military  review  as
approved  by  the  adjutant general. If the board of military review has
ordered a rehearing  but  the  convening  authority  finds  a  rehearing
impracticable, he may dismiss the charges.
(g)  No  member  of  a  board  of military review shall be eligible to
review the record of any trial if such member  served  as  investigating
officer  in  the  case or served as a member of the court-martial before
which such trial was conducted, or served as military  judge,  trial  or
defense counsel, or reviewing officer of such trial.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.66 - Review by the Governor.

§ 130.66. Review  by  the governor.  (a) The governor shall review the
record in all cases reviewed by a board of military review and  approved
by  the  adjutant  general in which, upon petition of the accused and on
good cause shown, the governor grants such review.
(b) The accused may petition the governor for a review of  a  decision
of the board of military review within sixty days from the earlier of:
(1)  the  date on which the accused is notified of the decision of the
board of military review and the approval of the adjutant general; or
(2) the date on which a copy of the decision of the board of  military
review  and  the approval of the adjutant general, after being served on
counsel of record for the accused (if any), is deposited in  the  United
States  mail for delivery by first class, certified mail to the accused,
at an address provided by the accused or, if no such  address  has  been
provided by the accused, at the latest address listed for the accused in
his official service record.
(c)  In  any  case  reviewed  by  him,  the governor may act only with
respect to the findings and  sentences  as  approved  by  the  convening
authority  and as affirmed or set aside as incorrect in law by the board
of military review. He may affirm only such findings of  guilty  in  the
sentence  or such part or amount of the sentence, as he finds correct in
law and fact and determines, on the basis of the entire  record,  should
be approved. In considering the record, he may weigh the evidence, judge
the  credibility  of  witnesses, and determine controverted questions of
fact, recognizing that the trial court saw and heard the  witnesses.  If
the  governor sets aside the findings and sentence, he may, except where
the setting aside is based on lack of sufficient evidence in the  record
to  support  the  findings,  order  a  rehearing.  If  he sets aside the
findings and sentence, and does not order a rehearing,  he  shall  order
that  the charges be dismissed. If the governor has ordered a rehearing,
but the convening authority finds  a  rehearing  impracticable,  he  may
dismiss the charges.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.67 - Review Counsel.

§ 130.67. Review  counsel.  (a) Upon the final review of a sentence of
a general court-martial or of a sentence to a bad-conduct  discharge  or
of  a sentence to any confinement the accused shall have the right to be
represented by counsel before the reviewing authority, the  staff  judge
advocate  or  legal  officer,  as  the case may be, and before the state
judge advocate.
(b) Upon the request of an accused entitled to be so represented,  the
state  judge  advocate  shall  appoint  a  lawyer who is a member of the
organized militia or on the state reserve  list  or  the  state  retired
list,  if  available,  to  represent  the  accused  before the reviewing
authority, the staff judge advocate, or legal officer, as the  case  may
be,  and  before  the  state  judge  advocate,  in  the  review of cases
specified in subdivision (a) of this section.
(c) An accused entitled to be so represented may be represented before
the reviewing authority, the staff judge advocate or legal  officer,  as
the  case  may  be,  and  before  the  state judge advocate, by civilian
counsel if provided by him.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.68 - Review in the Office of the State Judge Advocate.

§ 130.68. Review  in  the office of the state judge advocate.  (a) The
record of trial in each general  court-martial  that  is  not  otherwise
reviewed  under  section 130.65 of this article shall be examined in the
office of the state judge advocate if there is a finding of  guilty  and
the  accused  does  not  waive or withdraw his right to appellate review
under section 130.61 of this article. If any part  of  the  findings  or
sentence  is  found  to  be unsupported in law or if reassessment of the
sentence is appropriate, the state judge  advocate  may  modify  or  set
aside  the  findings or sentence or both. If the state judge advocate so
directs, the record shall be reviewed by  a  board  of  military  review
under section 130.65 of this article.
(b)  The  findings  or  sentence, or both, in a court-martial case not
reviewed under subdivision (a) of this section or under  section  130.65
of  this  article  may be modified or set aside, in whole or in part, by
the state judge advocate on the ground  of  newly  discovered  evidence,
fraud  on  the  court,  lack  of  jurisdiction  over  the accused or the
offense, error prejudicial to the substantial rights of the accused,  or
the  appropriateness  of the sentence. If such a case is considered upon
application of the  accused,  the  application  must  be  filed  in  the
division of military and naval affairs legal office by the accused on or
before  the  last  day  of the two-year period beginning on the date the
sentence is approved under subdivision (c) of  section  130.60  of  this
article,  unless  the accused established good cause for failure to file
within that time.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.69 - Execution of Sentence; Suspension of Sentence.

§ 130.69. Execution  of  sentence;  suspension of sentence.  (a) If in
the case of a commissioned officer,  the  sentence  of  a  court-martial
extends  to dismissal, that part of the sentence providing for dismissal
may not be executed until approved by the adjutant general.  In  such  a
case,  the adjutant general may commute, remit, or suspend the sentence,
or any part of the sentence, as he sees fit.
(b) (1) If a sentence extends  to  dismissal,  or  a  dishonorable  or
bad-conduct discharge or any confinement and if the right of the accused
to  appellate review is not waived, and an appeal is not withdrawn under
section 130.61 of this article, that part of the sentence  extending  to
dismissal, or a dishonorable or bad-conduct discharge or any confinement
may  not  be executed until there is a final judgment as to the legality
of the proceedings  (and  with  respect  to  dismissal,  approval  under
subdivision  (a)  of  this  section).   A judgment as to legality of the
proceedings is final in such cases when review is completed by the board
of military review with the approval of the adjutant general and:
(A) the time for the accused to file a  petition  for  review  by  the
governor has expired and the accused has not filed a timely petition for
such review and the case is not otherwise under review by the governor;
(B) such a petition is rejected by the governor; or
(C)  review  is  completed  in  accordance  with  the  judgment of the
governor.
(2)  If  a  sentence  extends  to  dismissal  or  a  dishonorable   or
bad-conduct discharge or any confinement and if the right of the accused
to  appellate review is waived, or an appeal is withdrawn, under section
130.61 of this article, that part of the sentence extending to dismissal
or a bad-conduct or dishonorable discharge or  confinement  may  not  be
executed until review of the case by a judge advocate (and any action on
that  review)  under  section  130.63  of this article is completed. Any
other part of a court-martial sentence may be ordered  executed  by  the
convening  authority  or  other  person acting on the case under section
130.60 of this article when approved by him under such section.
(c) The convening authority or other person acting on the  case  under
section  130.64 of this article may suspend the execution of sentence or
part thereof.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.70 - Vacation of Suspension.

§ 130.70. Vacation  of  suspension.
(a)  Before the vacation of the
suspension  of  a  special  court-martial  sentence  which  as  approved
includes  a  bad-conduct  discharge  or any court-martial sentence which
includes confinement or  of  any  general  court-martial  sentence,  the
officer  having  special court-martial jurisdiction over the probationer
shall hold  a  hearing  on  the  alleged  violation  of  probation.  The
probationer  shall  be  represented  at  the hearing by counsel if he so
desires.
(b) The record of the hearing and the recommendations of  the  officer
having  special  court-martial  jurisdiction shall be sent for action to
the officer  exercising  general  court-martial  jurisdiction  over  the
probationer.  If  he  vacates the suspension, any unexecuted part of the
sentence, except a dismissal, shall  be executed, subject to  applicable
restrictions  in  subdivision (b) of section 130.68 of this article. The
vacation of the  suspension  of  a  dismissal  is  not  effective  until
approved by the adjutant general.
(c)  The  suspension  of  any  other  sentence  may  be vacated by the
authority competent to convene, for the command in which the accused  is
serving or assigned, a court of the kind that imposed the sentence.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.71 - Petition for a New Trial.

§ 130.71. Petition  for  a  new  trial.   At any time within two years
  after approval by the convening authority of a  court-martial  sentence,
  the accused may petition the state judge advocate for a new trial on the
  grounds  of  newly  discovered  evidence  or  fraud on the court. If the
  accused's case is pending before a board of military  review  or  before
  the  governor,  the state judge advocate shall refer the petition to the
  board of military review or governor for  action.  Otherwise  the  state
  judge advocate shall act upon the petition.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.72 - Remission and Suspension.

§ 130.72. Remission  and  suspension.
(a) The adjutant general and,
when designated by him, the deputy adjutant  general,  chief  of  staff,
state  judge  advocate,  or  commanding officer may remit or suspend any
part or amount of the unexecuted part of  any  sentence,  including  all
uncollected forfeitures other than a sentence approved by the governor.
(b)   The   adjutant  general,  for  good  cause,  may  substitute  an
administrative form of discharge for a discharge or  dismissal  executed
in accordance with the sentence of a court-martial.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.72-A - Restoration.

§ 130.72-a. Restoration.
(a) Under such regulations as the adjutant
general may prescribe, all rights, privileges, and property affected  by
an executed part of a court-martial sentence which has been set aside or
disapproved,  except  an  executed  dismissal  or  discharge,  shall  be
restored unless a new trial or rehearing is ordered  and  such  executed
part is included in a sentence imposed upon the new trial or rehearing.
(b)  If  a previously executed sentence of dishonorable or bad-conduct
discharge is not imposed on a new  trial,  the  adjutant  general  shall
substitute  therefor  a  form of discharge authorized for administrative
issuance unless the accused  is  to  serve  out  the  remainder  of  his
enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a
new  trial,  the  adjutant  general  shall substitute therefor a form of
discharge authorized for  administrative  issue,  and  the  commissioned
officer  dismissed  by  the  sentence may be reappointed by the governor
alone to such commissioned grade and with such rank as in the opinion of
the governor that former officer would have attained  had  he  not  been
dismissed.   The  reappointment  of  such  a  former  officer  shall  be
consistent with federal regulations.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.72-B - Finality of Proceedings, Findings and Sentences.

§ 130.72-b. Finality  of  proceedings,  findings  and sentences.   The
  appellate review of records of  trial  provided  by  this  chapter,  the
  proceedings,  findings,  and  sentences  of  courts-martial as approved,
  reviewed, or affirmed as required by this chapter,  and  all  dismissals
  and  discharges carried into execution under sentences by courts-martial
  following approval, review, or affirmation as required by this  chapter,
  are   final   and  conclusive.  Orders  publishing  the  proceedings  of
  courts-martial and all action taken pursuant to  those  proceedings  are
  binding  upon  all  departments,  courts,  agencies, and officers of the
  state of New York subject only to action upon a petition for a new trial
  as provided in section 130.71 of this  article  and  to  action  by  the
  adjutant  general as provided in section 130.72 of this article, and the
  authority of the governor.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 9 - Post-Trial Procedure and Review of Courts-Martial › 130.72-C - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions.

§ 130.72-c. Leave  required  to  be  taken  pending  review of certain
  court-martial convictions.  Under regulations prescribed by the adjutant
  general, an accused who has been sentenced by a  court-martial  will  be
  carried  in  a  leave  status  and  will not participate in any training
  pending completion of action under this  chapter  if  the  sentence,  as
  approved  under  section 130.60 of this article, includes an unsuspended
  dismissal or an unsuspended dishonorable or bad-conduct  discharge.  The
  accused  may  be  required  to begin such leave on the date on which the
  sentence is approved under section 130.60 of this article or at any time
  after such date, and such leave may be continued until the date on which
  action under this chapter is completed  or  may  be  terminated  at  any
  earlier time.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.73 - Principals.

§ 130.73. Principals. Any person subject to this code who--
(1)  commits  an  offense  punishable  by  this  code, or aids, abets,
counsels, commands, or procures its commission; or
(2) causes an act to be done which if directly performed by him  would
be punishable by this code;
is a principal.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.74 - Accessory After the Fact.

§ 130.74. Accessory  after  the fact.  Any person subject to this code
  who, knowing that an offense punishable by this code has been committed,
  receives, comforts, or assists  the  offender  in  order  to  hinder  or
  prevent  his  apprehension,  trial, or punishment shall be punished as a
  court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.75 - Conviction of Lesser Included Offense.

§ 130.75. Conviction  of  lesser included offense.   An accused may be
  found guilty of an offense necessarily included in the  offense  charged
  or  of  an attempt to commit either the offense charged or of an offense
  necessarily included therein.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.76 - Attempts.

§ 130.76. Attempts.
(a) An act, done with specific intent to commit
an offense under this code, amounting to more than mere preparation  and
tending  but  failing  to effect its commission, is an attempt to commit
that offense.
(b) Any person subject to this code who attempts to commit any offense
punishable by this code shall be punished as a court-martial may direct,
unless otherwise specifically prescribed.
(c) Any person subject to this code may be convicted of an attempt  to
commit  an offense although it appears on the trial that the offense was
consummated.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.77 - Conspiracy.

§ 130.77. Conspiracy.    Any person subject to this code who conspires
  with any other person or persons to commit an offense  under  this  code
  shall,  if  one  or  more  of the conspirators does an act to effect the
  object of the conspiracy, be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.78 - Solicitation.

§ 130.78. Solicitation.
(a)  Any  person  subject  to this code who
solicits or advises another or others to desert in violation of  section
130.81  or  mutiny  in violation of section 130.90 shall, if the offense
solicited or advised is attempted or committed,  be  punished  with  the
punishment  provided  for  the  commission  of  the  offense, but if the
offense solicited or advised is not committed or attempted, he shall  be
punished as a court-martial may direct.
(b) Any person subject to this code who solicits or advises another or
others  to commit an act of misbehavior before the enemy in violation of
section 130.95 or sedition in violation of section 130.90 shall, if  the
offense  solicited  or  advised  is  committed,  be  punished  with  the
punishment provided for the  commission  of  the  offense,  but  if  the
offense solicited or advised is not committed, he shall be punished as a
court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.79 - Fraudulent Enlistment, Appointment, or Separation.

§ 130.79. Fraudulent   enlistment,  appointment,  or  separation.  Any
person who--(1) procures  his  own  enlistment  or  appointment  in  the
organized  militia  by  means  of  knowingly  false  representations  or
deliberate concealment as to his qualifications for such  enlistment  or
appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the organized militia by means of
knowingly  false  representations  or  deliberate  concealment as to his
eligibility for such separation;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.80 - Unlawful Enlistment, Appointment, or Separation.

§ 130.80. Unlawful enlistment, appointment, or separation.  Any person
  subject  to  this  code who effects an enlistment or appointment in or a
  separation from the organized militia of any person who is known to  him
  to be ineligible for such enlistment, appointment, or separation because
  it  is  prohibited  by  law, regulation, or order shall be punished as a
  court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.81 - Desertion.

§ 130.81. Desertion.  (a) Any member of the organized militia who--
(1)  without proper authority goes or remains absent from his place of
service, organization, or place of  duty  with  intent  to  remain  away
therefrom permanently; or
(2)  quits  his  unit  or organization or place of duty with intent to
avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the  forces  of  the
organized  militia  enlists  or  accepts  an  appointment in the same or
another one of  the  forces  of  the  organized  militia  without  fully
disclosing the fact he has not been so regularly separated; is guilty of
desertion.
(b)  Any  officer  of  the  organized militia who, having tendered his
resignation and prior to due notice of the acceptance of the same, quits
his post or proper duties without leave and with intent to  remain  away
therefrom permanently is guilty of desertion.
(c)  Any person found guilty of desertion or attempted desertion shall
be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.82 - Absence Without Leave.

§ 130.82. Absence  without leave. Any person subject to this code who,
without proper authority--
(1) fails to go to his appointed place of duty at the time prescribed;
or
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization,  or
other  place  of  duty  at  which  he  is  required  to  be  at the time
prescribed;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.83 - Missing Movement.

§ 130.83. Missing  movement.    Any  person  subject  to this code who
  through neglect or design misses the movement of a  ship,  aircraft,  or
  unit  with  which  he is required in the course of duty to move shall be
  punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.86 - Assaulting or Willfully Disobeying Officer.

§ 130.86. Assaulting  or  willfully  disobeying  officer.  Any  person
subject to this code who--
(1) strikes his superior officer or draws or lifts up  any  weapon  or
offers  any  violence  against  him  while he is in the execution of his
office; or
(2) wilfully disobeys a lawful command of his superior officer;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.87 - Insubordinate Conduct Toward Noncommissioned Officer or Warrant Officer.

§ 130.87. Insubordinate  conduct  toward  noncommissioned  officer  or
warrant officer. Any warrant officer or enlisted person who--
(1) strikes or assaults a warrant officer, noncommissioned officer, or
petty officer, while such officer is in the execution of his office; or
(2)  willfully  disobeys  the  lawful  order  of  a  warrant  officer,
noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment
toward  a  warrant  officer,  noncommissioned  officer, or petty officer
while such officer is in the execution of his office;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.88 - Failure to Obey Order or Regulations.

§ 130.88. Failure  to obey order or regulations. Any person subject to
this code who--
(1) violates or fails to obey any lawful general order or  regulation;
or
(2)  having  knowledge of any other lawful order issued by a member of
the armed forces, which it is his duty to obey, fails to obey the  same;
or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.89 - Cruelty and Maltreatment.

§ 130.89 Cruelty  and  maltreatment.   Any person subject to this code
  who is guilty of cruelty toward, or oppression or maltreatment  of,  any
  person  subject  to  his  order shall be punished as a court-martial may
  direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.90 - Mutiny or Sedition.

§ 130.90. Mutiny or sedition. (a) Any person subject to this code--
(1)  who  with  intent  to usurp or override lawful military authority
refuses, in concert with any other person or persons, to obey orders  or
otherwise  do  his duty or creates any violence or disturbance is guilty
of mutiny;
(2) who with intent to cause the overthrow or  destruction  of  lawful
civil  authority,  creates, in concert with any other person or persons,
revolt, violence, or other disturbance against such authority is  guilty
of sedition;
(3)  who  fails to do his utmost to prevent and suppress an offense of
mutiny or sedition being committed in his presence, or fails to take all
reasonable means to inform his superior  or  commanding  officer  of  an
offense of mutiny or sedition which he knows or has reason to believe is
taking  place,  is guilty of a failure to suppress or report a mutiny or
sedition.
(b) A person who is found guilty of  attempted  mutiny,  sedition,  or
failure  to suppress or report a mutiny or sedition shall be punished as
a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.91 - Arrest and Confinement.

§ 130.91. Arrest and confinement.  Any person subject to this code who
  resists  apprehension  or  breaks  arrest or who escapes from custody or
  confinement shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.92 - Releasing Prisoner Without Proper Authority.

§ 130.92. Releasing  prisoner  without  proper authority.   Any person
  subject to  this  code  who,  without  proper  authority,  releases  any
  prisoner  duly committed to his charge, or who through neglect or design
  suffers  any  such  prisoner  to  escape,  shall  be   punished   as   a
  court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.93 - Unlawful Detention of Another.

§ 130.93. Unlawful  detention  of another.  Any person subject to this
  code who, except as provided by law or regulations, apprehends, arrests,
  or confines any person shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.94 - Noncompliance With Procedural Rules.

§ 130.94. Noncompliance  with  procedural rules. Any person subject to
this code who--
(1) is responsible for unnecessary delay in  the  disposition  of  any
case of a person accused of an offense under this code; or
(2)  knowingly  and  intentionally fails to enforce or comply with any
provision of this code regulating the  proceedings  before,  during,  or
after trial of an accused;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.95 - Misbehavior Before the Enemy.

§ 130.95. Misbehavior  before  the  enemy.  Any person subject to this
code who before or in the presence of the enemy--
(1) runs away; or
(2) shamefully abandons, surrenders, or delivers up any command, unit,
place, or military property which it is his duty to defend; or
(3) through disobedience, neglect, or intentional misconduct endangers
the safety of any such command, unit, place, or military property; or
(4) casts away his arms or ammunition; or
(5) is guilty of cowardly conduct; or
(6) quits his place of duty to plunder or pillage; or
(7) causes false alarms in any command, unit, or place  under  control
of the armed forces of the United States or the organized militia; or
(8) willfully fails to do his utmost to encounter, engage, capture, or
destroy  any  enemy  troops, combatants, vessels, aircraft, or any other
thing, which it is  his  duty  so  to  encounter,  engage,  capture,  or
destroy; or
(9)  does  not  afford  all  practicable  relief and assistance to any
troops, combatants, vessels, or aircraft of the armed  forces  belonging
to  the  United  States or their allies, or to any other state or to the
organized militia when engaged in battle;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.96 - Subordinate Compelling Surrender.

§ 130.96. Subordinate  compelling  surrender.    Any person subject to
  this code who compels or attempts to compel a commander  of  any  place,
  vessel,  aircraft, or other military property, or of any body of members
  of the armed forces of the United States or of any other  state,  or  of
  the organized militia to give it up to an enemy or to abandon it, or who
  strikes  the  colors or flag to an enemy without proper authority, shall
  be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.97 - Improper Use of Countersign.

§ 130.97. Improper  use  of  countersign.   Any person subject to this
  code who in time of war discloses  the  parole  or  countersign  to  any
  person  not  entitled  to  receive  it,  or  who gives to another who is
  entitled to receive and use the parole or countersign a different parole
  or countersign from that which, to his knowledge, he was authorized  and
  required to give, shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.99 - Captured or Abandoned Property.

§ 130.99. Captured  or  abandoned property. (a) All persons subject to
this code shall secure all public property taken from the enemy for  the
service of the United States, and shall give notice and turn over to the
proper  authority  without  delay  all captured or abandoned property in
their possession, custody, or control.
(b) Any person subject to this code who--
(1) fails to carry out the duties prescribed  in  subdivision  (a)  of
this section; or
(2)  buys,  sells,  trades,  or  in  any  way  deals in or disposes of
captured or abandoned property, whereby he shall receive or  expect  any
profit,  benefit,  or  advantage  to  himself  or  another  directly  or
indirectly connected with himself; or
(3) engages in looting or pillaging;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.100 - Aiding the Enemy.

§ 130.100.  Aiding the enemy. Any person subject to this code who--
(1)  aids,  or  attempts  to  aid,  the  enemy  with arms, ammunition,
supplies, money, or other thing; or
(2) without proper authority, knowingly harbors or protects  or  gives
intelligence  to,  or  communicates  or  corresponds  with  or holds any
intercourse with the enemy, either directly or indirectly;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.101 - Misconduct as a Prisoner.

§ 130.101. Misconduct  as  a prisoner. Any person subject to this code
who, while in the hands of the enemy in time of war--
(1) for the purpose of securing favorable  treatment  by  his  captors
acts  without  proper  authority in a manner contrary to law, custom, or
regulation, to the detriment of others of whatever nationality  held  by
the enemy as civilian or military prisoners; or
(2)  while in a position of authority over such persons maltreats them
without justifiable cause;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.102 - False Official Statements.

§ 130.102. False official statements.  Any person subject to this code
  who, with intent to deceive, signs any false record, return, regulation,
  order,  or  other  official  document,  knowing the same to be false, or
  makes any other false official statement knowing the same to  be  false,
  shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.103 - Military Property--- Loss, Damage, Destruction, or Wrongful Disposition.

§ 130.103. Military  property--loss,  damage, destruction, or wrongful
disposition. Any  person  subject  to  this  code  who,  without  proper
authority--
(1) sells or otherwise disposes of; or
(2) willfully or through neglect damages, destroys, or loses; or
(3)  willfully  or  through  neglect  suffers  to  be  lost,  damaged,
destroyed, sold or wrongfully disposed of;
any military property of the United States or of  the  state,  shall  be
punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.104 - Property Other Than Military Property--- Waste, Spoil, or Destruction.

§ 130.104. Property  other  than  military property-- waste, spoil, or
  destruction. Any person subject to this code who, while on active  state
  duty  or  in  a  duty  status other than active state duty, willfully or
  recklessly  wastes,  spoils,  or  otherwise  willfully  and   wrongfully
  destroys  or  damages  any  property other than military property of the
  United States or of the state shall be punished as a  court-martial  may
  direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.105 - Improper Hazarding of Vessel.

§ 130.105. Improper  hazarding  of vessel.  (a)  Any person subject to
this code who willfully and wrongfully hazards or suffers to be hazarded
any vessel of the armed forces of the United States or of the  organized
militia shall be punished as a court-martial may direct.
(b)    Any  person  subject  to  this  code who negligently hazards or
suffers to be hazarded any vessel of the  armed  forces  of  the  United
States  or of the organized militia shall be punished as a court-martial
may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.106 - Drunken or Reckless Driving.

§ 130.106. Drunken  or  reckless driving.   Any person subject to this
  code who, while on active state duty or in  a  duty  status  other  than
  active state duty, operates any vehicle while drunk, or in a reckless or
  wanton manner, shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.107 - Drunk on Duty--- Misbehavior.

§ 130.107. Drunk  on  duty--misbehavior.    Any person subject to this
  code who is found drunk on duty or drunk or sleeping upon his  post,  or
  who  leaves  his post before he is regularly relieved, shall be punished
  as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.108 - Dueling.

§ 130.108. Dueling.    Any  person  subject to this code who, while on
  active state duty or in a duty status  other  than  active  state  duty,
  fights  or  promotes, or is concerned in or connives at fighting a duel,
  or who, having knowledge of a challenge sent or about to be sent,  fails
  to  report  the fact promptly or the proper authority, shall be punished
  as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.109 - Malingering.

§ 130.109. Malingering.  Any  person  subject to this code who for the
purpose of avoiding work, duty, or service in the militia--
(1) feigns illness, physical disablement, mental lapse or derangement;
or
(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.110 - Riot or Breach of Peace.

§ 130.110. Riot  or  breach of peace.  Any person subject to this code
  who, while on active state duty or in a duty status  other  than  active
  state  duty,  causes  or participates in any riot or breach of the peace
  shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.111 - Provoking Speeches or Gestures.

§ 130.111. Provoking speeches or gestures.  Any person subject to this
  code  who,  while  on  active  state duty or in a duty status other than
  active state duty, uses  provoking  or  reproachful  words  or  gestures
  towards  any  other  person  subject to this code shall be punished as a
  court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.112 - Perjury.

§ 130.112. Perjury.    Any  person  subject  to  this  code  who, in a
  judicial proceeding or course of  justice  conducted  pursuant  to  this
  code,  willfully  and  corruptly (1) gives, upon a lawful oath or in any
  form allowed by law to be substituted for an oath, any  false  testimony
  material  to the issue or matter of inquiry; or, (2) in any declaration,
  certificate, verification, or statement under penalty of perjury, serves
  any false statement material to the issue or matter of inquiry is guilty
  of perjury and shall be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.113 - Frauds Against the Government.

§ 130.113. Frauds  against  the government. Any person subject to this
code-- (1) who, knowing it to be false or fraudulent--
(A) makes any claim against  the  United  States,  the  state  or  any
officer thereof; or
(B)  presents  to any person in the civil or military service thereof,
for approval or payment, any claim against the United States, the  state
or any officer thereof; or
(2)  who,  for  the  purpose  of obtaining the approval, allowance, or
payment of any claim against the United States, the state or any officer
thereof--
(A) makes or uses any writing or  other  paper  knowing  the  same  to
contain any false or fraudulent statements; or
(B)  makes  any  oath  to  any  fact  or to any writing or other paper
knowing such oath to be false; or
(C) forges or counterfeits any signature upon  any  writing  or  other
paper,  or  uses  any  such  signature  knowing the same to be forged or
counterfeited; or
(3) who, having charge, possession, custody, or control of  any  money
or  other  property  of  the  United  States, or the state, furnished or
intended for the armed forces of the  United  States  or  the  organized
militia  or  any  force thereof, knowingly delivers to any person having
authority to receive the same, any amount thereof  less  than  that  for
which he receives a certificate or receipt; or
(4)  who, being authorized to make or deliver any paper certifying the
receipt of any property of the United States or the state, furnished  or
intended  for  the  armed  forces  of the United States or the organized
militia or any force thereof, makes  or  delivers  to  any  person  such
writing  without  having  full  knowledge of the truth of the statements
therein contained and with intent to defraud the United  States  or  the
state;
shall, upon conviction, be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.114 - Conduct Unbecoming an Officer and Gentleman.

§ 130.114. Conduct  unbecoming  an officer and gentleman.  Any officer
  who is convicted of conduct unbecoming an officer and a gentleman  shall
  be punished as a court-martial may direct.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 10 - Punitive Articles › 130.115 - General Section.

§ 130.115. General section.  Though not specifically mentioned in this
  code,  all  disorders  and  neglects  to the prejudice of good order and
  discipline in the organized militia and all conduct of a nature to bring
  discredit upon the organized  militia  or  a  force  thereof,  of  which
  persons subject to this code may be guilty, shall be taken cognizance of
  by  a  general  or  special  or  summary court-martial, according to the
  nature and degree of the offense, and punished at the discretion of such
  court.