reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.59 | Review of Finding.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(B) Any reviewing authority with the power to approve or affirm a finding of guilty may instead approve or affirm so much of the finding as includes a lesser included offense.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.61 | Appeal by Accused.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) An accused may appeal a finding of guilty or the sentence of a court-martial to the court of military appeals. The court shall hear an appeal if the convening authority or other authorized person approved a sentence of dismissal of a commissioned officer, dishonorable or bad conduct discharge, or confinement for one year or more and if the appeal was timely filed. The court may hear any other appeals that the court, in its sole discretion, allows.
(B) An accused who is found guilty may appeal under this section by filing a notice of appeal with the convening authority that ordered the court-martial within thirty calendar days after the convening authority serves a copy of the approved findings and sentence on the trial attorney of record for the accused or, if the accused waived the right to counsel, on the accused in accordance with regulations prescribed by the adjutant general. The notice of appeal shall state the name of the party taking the appeal, the findings, sentence, or parts of the findings or sentence appealed from, and the grounds for the appeal. Failure to file a notice of appeal in a timely manner constitutes a waiver of the right to appeal.
(C) Upon receiving a notice of appeal, the convening authority shall serve a copy of the notice on the trial counsel and on the trial attorney of record for any codefendant or, if a codefendant waived the right to counsel, on the codefendant in accordance with regulations prescribed by the adjutant general. The convening authority shall note on each copy served the date on which the notice of appeal was filed. Failure of the convening authority to serve a copy of the notice of appeal does not affect the validity of the appeal. Service in accordance with division (C) of this section is sufficient notwithstanding the death of a party or a party's counsel. The convening authority shall note on its docket the names of the parties served, the dates on which they were served, and the method of service.
(D) An accused may waive appellate review by filing with the convening authority, within ten days after the action under section 5924.60 of the Revised Code is served on the accused or on defense counsel, a written waiver signed by the accused and by defense counsel. The convening authority or other person taking such action, for good cause, may extend the period for filing by not more than thirty days.
(E) An accused may voluntarily withdraw an appeal at any time by filing a notice of withdrawal with the convening authority.
(F) A waiver of the right to appellate review or the withdrawal of an appeal bars any further review under this section or section 5924.69 of the Revised Code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.62 | Appeal by State.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the state may appeal any of the following, except an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification:
(1) An order or ruling that terminates the proceedings with respect to a charge or specification;
(2) An order or ruling that excludes evidence that is of substantial consequence to the determination of the material issues in the proceeding;
(3) An order or ruling that directs the disclosure of classified information;
(4) An order or ruling that imposes sanctions for nondisclosure of classified information;
(5) A refusal by the military judge to issue a protective order sought by the state to prevent the disclosure of classified information;
(6) A refusal by the military judge to enforce a protective order that has previously been issued by appropriate authority to prevent the disclosure of classified information.
(B) The state may not appeal an order or ruling unless within seventy-two hours after the military judge serves the order or ruling the trial counsel files with the military judge a written notice of appeal from the order or ruling. The notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(C) Appellate government counsel shall diligently prosecute an appeal under this section to the court of military appeals created by section 5924.66 of the Revised Code.
(D) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.63 | Rehearings.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Each rehearing ordered pursuant to section 5924.60 of the Revised Code or by the court of military appeals shall take place before a court-martial composed of members who were not members of the court-martial that first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes the accused's plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of the punishment lawfully adjudged at the first court-martial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.64 | Review of Cases in Which No Appeal Taken.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) A judge advocate shall review pursuant to regulations prescribed by the adjutant general each case in which there has been a finding of guilty and in which no appeal is taken. A judge advocate may not review a case under this section if the judge advocate 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. For each case reviewed under this section, the judge advocate shall issue written findings and recommendations that contain all of the following:
(1) Conclusions as to whether the court had jurisdiction over the accused and the offense;
(2) Conclusions as to whether the charge and specification stated an offense;
(3) Conclusions as to whether the sentence was within the limits prescribed by law;
(4) A response to each allegation of error made in writing by the accused;
(5) If the case is sent for action under division (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 division (A) of this section shall be sent for further action under division (C) of this section to the person exercising general court-martial jurisdiction over the accused at the time the court was convened or that person's successor in command if any of the following applies:
(1) The judge advocate who reviewed the case recommends corrective action.
(2) The sentence approved under division (C) of section 5924.60 of the Revised Code includes dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months.
(3) Regulations prescribed by the adjutant general require further review.
(C) The person to whom the record of trial and related documents are sent under division (B) of this section may do any of the following:
(1) Approve or disapprove the findings or sentence in whole or in part;
(2) Remit, commute, or suspend the sentence in whole or in part;
(3) Order a rehearing on the findings, the sentence, or both;
(4) Dismiss the charges.
(D) If a rehearing is ordered but the convening authority finds that a rehearing is impracticable, the convening authority shall dismiss the charges.
(E) If the opinion of the judge advocate who reviews a case under division (A) of this section finds that corrective action is required as a matter of law and the person required to take action under division (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 convening authority shall transmit the record of trial and action on that record to the state judge advocate for review.
(F) The judge advocate who under this section reviews a case conducted by a general court-martial shall be the state judge advocate.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.65 | Transmission of Record.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
If an accused files a notice of appeal, the convening authority shall transmit the record of trial and post-trial proceedings in the case to the state judge advocate for appropriate action. If the accused does not file a notice of appeal or files a notice of appeal and withdraws the appeal, then following completion of all post-trial review, the record of trial and related documents shall be transmitted and disposed of as the adjutant general may prescribe by regulation.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.66 | Court of Military Appeals.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) There is hereby created the court of military appeals. The court is a court of record and has exclusive jurisdiction of all appeals from courts-martial convened pursuant to this code. The court shall sit in Franklin county. All hearings conducted by the court shall be public.
(B) The judges of the court of military appeals shall be military appellate judges appointed by the adjutant general. Each judge shall be a retired judge advocate officer who has previously served in the rank of colonel or above in either the Ohio army national guard or the Ohio air national guard. The judges shall sit in panels of not less than three members.
(C) The adjutant general may make rules governing practice and procedure in the court of military appeals. The Rules of Appellate Procedure apply in proceedings in the court to the extent that they are not inconsistent with this code or with rules made by the adjutant general under this division.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.67 | Compensation for Judges.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
A judge of the court of military appeals shall receive as compensation for each day of attendance on the business of the court an amount equal to the annual compensation of a judge of a court of appeals divided by the number of days in the calendar year. A judge who resides more than fifty miles from the location of the court also shall be reimbursed for the judge's actual and necessary expenses of traveling to and from the court to attend the business of the court.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.68 | Power of Subpoena.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
The court of military appeals may subpoena witnesses, require the production of evidence, and punish for contempt in the same manner and to the same extent as a common pleas court.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.69 | Appeals to the Supreme Court.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Appeals from orders and judgments of the court of military appeals may be taken to the supreme court in the same manner and to the same extent as criminal appeals from orders and judgments of a court of appeals.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.70 | Appellate Counsel.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) The state judge advocate shall detail one or more judge advocates as appellate government counsel and one or more judge advocates assigned to the United States army trial defense service or the United States air force area defense counsel as appellate defense counsel. Appellate counsel shall be members in good standing of the bar of this state and certified by the state judge advocate to be competent to act as appellate counsel.
(B) Appellate government counsel shall represent the state in the court of military appeals. In a case arising under this code that is heard in the supreme court, appellate government counsel shall represent the state in the supreme court unless the attorney general elects to represent the state.
(C) Appellate defense counsel shall represent the accused in the court of military appeals and the supreme court unless the accused elects to be represented by civilian counsel at the accused's own expense.
(D) Appellate government and defense counsel shall perform any additional functions in connection with post-trial proceedings in court-martial cases that the state judge advocate directs.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.71 | Sentence of Dismissal or Discharge.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) If the sentence of a court-martial of a commissioned officer or cadet includes dismissal, that part of the sentence providing for dismissal may not be executed until it is approved by the adjutant general. The adjutant general may commute, remit, or suspend the sentence or any part of the sentence as the adjutant general sees fit. In time of war or national emergency, the adjutant general may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and for six months after the end of the war or emergency.
(B)(1) If the sentence of a court-martial includes dismissal or dishonorable or bad-conduct discharge and the accused appeals to the court of military appeals, the dismissal or discharge part of the sentence may not be executed until the appellate process has been completed and, in case of dismissal, approval of the sentence by the adjutant general. The appellate process is completed when any of the following occurs:
(a) The accused withdraws the appeal.
(b) The court of military appeals renders a decision, and the time for filing a notice of appeal to the supreme court elapses without the accused having filed a notice of appeal.
(c) The supreme court issues an order dismissing the appeal or entering judgment on the leave to appeal.
(2) If the sentence of a court-martial includes dismissal or dishonorable or bad-conduct discharge and the accused fails to appeal to the court of military appeals, waives appellate review, or withdraws an appeal, the dismissal or discharge part of the sentence may not be executed until a judge advocate has reviewed the case and the convening authority has completed action in the review pursuant to section 5924.64 of the Revised Code. 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 5924.60 of the Revised Code.
(C) The convening authority or other person taking action on a court-martial case under section 5924.60 of the Revised Code may suspend at any time the execution of any sentence or part of a sentence.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.72 | Vacation of Suspension of Sentence.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) An officer having special court-martial jurisdiction over a person whose sentence has been suspended may recommend vacation of the suspension of an approved sentence or part of a sentence that was imposed by a special court-martial and includes a bad-conduct discharge or that was imposed by a general court-martial.
(B) Before vacating the suspension of a sentence or part of a sentence under division (A) of this section, an officer having special court-martial jurisdiction over a person whose sentence has been suspended shall hold a hearing on the alleged violation of the terms of suspension. The person has the right to be represented at the hearing by counsel.
(C) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the person whose sentence has been suspended. If that officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed, subject to applicable restrictions set forth in section 5924.71 of the Revised Code. A vacation of the suspension of a dismissal is not effective until it is approved by the adjutant general.
(D) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.73 | Petition for New Trial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the ground of newly discovered evidence or fraud on the court. The adjutant general shall act upon the petition unless the case is pending before the court of military appeals or the supreme court, in which case the adjutant general shall refer the petition to the court in which the appeal is pending.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.74 | Remission and Suspension by Adjutant General, State Judge Advocate, or Convening Authority.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) The adjutant general, the state judge advocate when authorized by the adjutant general, or a convening authority 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 or a superior convening authority.
(B) The adjutant general may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.75 | Effect of Disapproval of Sentence; Reappointment of Officers; Leave Pending Actions.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Under any regulations that the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part of the sentence 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 the accused's 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 that sentence may be reappointed by the adjutant general alone to such commissioned grade and with such rank as in the opinion of the adjutant general that former officer would have attained had the former officer not been dismissed. The reappointment of such a former officer shall be made without regard to the existence of a vacancy and shall affect the promotion status of other officers only to the extent directed by the adjutant general. All time between the dismissal and the reappointment shall be considered as service for all purposes including the right to pay and allowances.
(D) Pursuant to regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this code if the sentence, as approved under section 5924.60 of the Revised Code, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin leave on the date on which the sentence is approved or at any time after that date. Leave may be continued until the date on which action is completed or may be terminated at any earlier time.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.76 | Finality of Proceedings.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
The appellate review of records of trial pursuant to this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed pursuant to this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation pursuant to this code are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in section 5924.73 of the Revised Code and to action by the adjutant general under section 5924.74 of the Revised Code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.761 | Leave Pending Completion of Certain Actions.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Pursuant to regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under sections 5924.59 to 5924.761 of the Revised Code if the sentence, as approved under section 5924.60 of the Revised Code, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin the leave on the date on which the sentence is approved under section 5924.60 of the Revised Code or at any time after that date, and the leave may be continued until the date on which action under sections 5924.59 to 5924.761 of the Revised Code is terminated or completed.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.77 | Principal Defined.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code is a principal if the person does either of the following:
(A) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission;
(B) Causes an act to be done which if directly performed by the person would be punishable by this code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.78 | Accessory After the Fact.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.79 | Conviction of Lesser Included Offense.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.80 | Attempts.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
(A) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
(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 not consummated.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.81 | Conspiracy.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.82 | Solicitation.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Any person subject to this code who solicits or advises another or others to desert in violation of section 5924.85 of the Revised Code and of this code or mutiny in violation of section 5924.94 of the Revised Code and of this code 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, the person 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 sedition in violation of section 5924.94 of the Revised Code and of this code 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, the person shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.83 | Fraudulent Enlistment, Appointment or Separation.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person who does either of the following shall be punished as a court-martial may direct:
(A) Procures the person's own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances thereunder;
(B) Procures the person's own separation from the organized militia by knowingly false representation or deliberate concealment as to the person's eligibility for that separation.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.84 | Unlawful Enlistment, Appointment or Separation.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
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 the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.85 | Desertion.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Any member of the organized militia who does any of the following is guilty of desertion:
(1) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away from the unit, organization, or place of duty permanently;
(2) Quits the member's unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service;
(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 that the member has not been regularly separated;
(4) Without being regularly separated from one of the forces of the organized militia enters any foreign armed services without the authorization of the United States.
(B) Any commissioned officer of the organized militia who, after tender of the commissioned officer's resignation and before notice of its acceptance, quits the commissioned officer's 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 attempt to desert shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.86 | Absence Without Leave.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who, without authority, does any of the following shall be punished as a court-martial may direct:
(A) Fails to go to the person's appointed place of duty at the time prescribed;
(B) Goes from the person's appointed place of duty;
(C) Absents self or remains absent from the person's unit, organization, or place of duty at which the person is required to be at the time prescribed.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.87 | Missing Movement.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.88 | Contempt Toward Officials.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any commissioned officer who uses contemptuous words against the governor or the legislature of this state shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.89 | Disrespect Toward Superior Officer.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who behaves with disrespect toward the person's superior commissioned officer shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.90 | Assault - Willfully Disobeying an Officer.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who does either of the following shall be punished as a court-martial may direct:
(A) Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the person's superior commissioned officer while that officer is in the execution of official duties;
(B) Willfully disobeys a lawful command of the person's superior commissioned officer.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.91 | Insubordinate Conduct Toward Noncommissioned Officer.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any warrant officer or enlisted member who does any of the following shall be punished as a court-martial may direct:
(A) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of official duties;
(B) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer;
(C) Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of official duties.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.92 | Failure to Obey Order or Regulation.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(A) Violates or fails to obey any lawful general order or regulation;
(B) Having knowledge of any other lawful order issued by a member of the organized militia that is the person's duty to obey, fails to obey the order;
(C) Is derelict in the performance of the person's duties.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.93 | Cruelty - Maltreatment.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any other person subject to the person's orders shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.94 | Mutiny - Sedition.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A)(1) Any person subject to this code who, with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do the person's duty or creates any violence or disturbance is guilty of mutiny.
(2) Any person subject to this code who, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition.
(3) Any person subject to this code who fails to do the person's utmost to prevent and suppress a mutiny or sedition being committed in the person's presence, or fails to take all reasonable means to inform the person's superior commissioned officer or commanding officer of a mutiny or sedition that the person 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, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.95 | Arrest and Confinement.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who resists apprehension, flees from apprehension, breaks arrest, or escapes from custody or confinement shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.96 | Releasing Prisoner Without Proper Authority.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who, without proper authority, releases any prisoner committed to the person's charge or who through neglect or design suffers any prisoner committed to the person's charge to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.97 | Unlawful Detention.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.98 | Noncompliance.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code or who 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 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6101 | Conservancy Districts › Section 6101.01 | Conservancy District Definitions.

Effective:
September 21, 2000
Latest Legislation:
House Bill 617 - 123rd General Assembly
As used in this chapter:
(A) "Publication" or "published" means once in a newspaper of general circulation in the county or counties where the publication is to be made. When a publication is required to be made by a conservancy district or its board of directors, a copy of the publication, certified by the secretary of the conservancy district to have been published in accordance with this division, shall be admitted in any court of this state as prima-facie evidence that the publication has been made.
(B) "Person" has the same meaning as in section 1.59 of the Revised Code. "Person" does not include a county, township, municipal corporation, or other political subdivision of the state.
(C) "Public corporation" or "political subdivision" means counties, townships, municipal corporations, school districts, road districts, ditch districts, park districts, levee districts, and all other governmental entities vested with the power to levy assessments or taxes.
(D) "Court" means the court of common pleas in which the petition for the organization of a conservancy district is filed and granted, as presided over by the judges provided for in section 6101.07 of the Revised Code.
(E) "Land" or "property," unless otherwise specified, means real property as that term is used in and defined by the laws of this state, and includes all railroads, tramroads, roads, electric railroads, street and interurban railroads, streets and street improvements, telephone, telegraph, and transmission lines, gas, sewerage, and water systems, pipe lines and rights of way of public service corporations, and all other public or private real property.
(F) "Underground water" means any water under the surface of the land or under the bed of any stream, lake, reservoir, or other body of surface water.
(G) "Aquifer" means any underground water-bearing bed or stratum of earth, gravel, sand, or porous stone having boundaries that may be ascertained or reasonably inferred, in which water stands, flows, or percolates.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6101 | Conservancy Districts › Section 6101.02 | Conservancy Bonds and Records.

Effective:
September 21, 2000
Latest Legislation:
House Bill 617 - 123rd General Assembly
(A) The bonds issued under this chapter may be called conservancy bonds, and the term shall be engraved or printed on the face of the bonds.
(B) The records provided for in this chapter shall be termed conservancy records.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6101 | Conservancy Districts › Section 6101.03 | Evidence and Forms.

Effective:
September 21, 2000
Latest Legislation:
House Bill 617 - 123rd General Assembly
(A) In any orders of the court, the words "The court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding" are equivalent to a finding that each jurisdictional fact necessary to confer plenary jurisdiction upon the court, beginning with the proper signing and filing of the initial petition to the date of the order containing that recital, has been scrutinized by the court and has been found to meet every legal requirement imposed by this chapter.
(B) No other evidence of the legal hypothecation of special assessments to the payment of bonds is required than the passage of a bonding resolution by the board of directors of a conservancy district and the issuance of bonds in accordance with the resolution.
(C) In the preparation of any assessment or appraisal record, the usual abbreviations employed by engineers, surveyors, and abstractors may be used.
(D) Where properly to describe any parcel of land, it would be necessary to use a long description, the board of appraisers of a conservancy district, after locating the land generally, may refer to the book and page of the public record of any instrument in which the land is described, which reference shall suffice to identify for all the purposes of this chapter the land described in the public record so referred to.
(E) It is not necessary in any notice required to be published to specify the names of the owners of the lands or of the persons interested in the lands. A notice may be addressed "To All Persons or Public Corporations Interested" with like effect as though the notice named by name every owner of any lands within the territory specified in the notice, every person interested in the lands, and every lienor, actual or inchoate, with respect to the lands.
(F) Every district declared upon hearing to be a conservancy district shall become upon that declaration a political subdivision and a public corporation of the state, invested with all the powers and privileges conferred upon conservancy districts by this chapter.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6101 | Conservancy Districts › Section 6101.04 | Purpose and Organization of Conservancy Districts.

Effective:
September 21, 2000
Latest Legislation:
House Bill 617 - 123rd General Assembly
Any area or areas situated in one or more counties may be organized as a conservancy district in the manner and subject to the conditions provided by this chapter for any of the following purposes:
(A) Preventing floods;
(B) Regulating stream channels by changing, widening, and deepening the stream channels;
(C) Reclaiming or filling wet and overflowed lands;
(D) Providing for irrigation where it may be needed;
(E) Regulating the flow of streams and conserving their waters;
(F) Diverting or in whole or in part eliminating watercourses;
(G) Providing a water supply for domestic, industrial, and public use;
(H) Providing for the collection and disposal of sewage and other liquid wastes produced within the district;
(I) Arresting erosion along the Ohio shore line of Lake Erie.
This section does not terminate the existence of any district organized prior to July 19, 1937, entirely within a single county.
The purposes of a district may be altered by the same procedure as provided for the establishment of the district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6101 | Conservancy Districts › Section 6101.06 | Petitioners' Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
At the time of filing the petition provided for in section 6101.05 of the Revised Code, or at any time subsequent thereto and prior to the time of the hearing on said petition, a bond shall be filed, with security approved by the judge of the court of common pleas determining the sufficiency of the petition, sufficient to pay all the expenses connected with the proceeding in case the court refuses to organize the conservancy district. If at any time during the proceeding the court is satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed, which shall be not less than ten days distant, and upon failure of the petitioners to execute such additional bond the petition shall be dismissed.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6101 | Conservancy Districts › Section 6101.061 | Notice of Petition.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
Upon determining that a sufficient petition has been filed, the judge making such determination shall cause written notice thereof to be given to the director of the department of natural resources, the director of environmental protection, and to the board of directors of any conservancy district having jurisdiction over all or part of the territory affected by the proceeding or within the same major watershed area as defined by the department of natural resources and the director of environmental protection. The director of natural resources, the director of environmental protection, and the directors of such conservancy districts may appear at any hearing considering the establishment, dissolution or merger of any conservancy district or subdistrict thereof, and be heard concerning the need for a conservancy district, the area that should be included, desirable improvements, and any other matters which in their opinion should be brought to the attention of the court.