reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-220 - Petition for new trial.

33-10-220. Petition for new trial.
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 grounds of newly discovered evidence or fraud on the court-martial.
Source:
SL 2012, ch 175, §201.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-221 - Remission and suspension.

33-10-221. Remission and suspension.
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 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. The Governor 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.
Source:
SL 2012, ch 175, §202.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-222 - Restoration--Promulgation of rules.

33-10-222. Restoration--Promulgation of rules.
Pursuant to rules as may be promulgated by the Adjutant General pursuant to chapter 1-26, 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.
Source: SL 2012, ch 175, §203; SL 2023, ch 109, §19.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-223 - Substitution for dishonorable or bad-conduct discharge.

33-10-223. Substitution for dishonorable or bad-conduct discharge.
If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor may substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.
Source:
SL 2012, ch 175, §204.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-224 - Reappointment of commissioned officer.

33-10-224. Reappointment of commissioned officer.
If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may substitute a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that 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 the officer not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
Source:
SL 2012, ch 175, §205.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-225 - Finality of proceedings, findings, and sentences.

33-10-225. Finality of proceedings, findings, and sentences.
The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this code, 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 United States and the several states, subject only to action upon a petition for a new trial as provided in §33-10-220 and to action pursuant to §33-10-221.
Source:
SL 2012, ch 175, §206.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-226 - Leave required pending review of certain court-martial convictions.

33-10-226. Leave required pending review of certain court-martial convictions.
Pursuant to rules promulgated by the Adjutant General pursuant to chapter 1-26, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this section if the sentence, as approved pursuant to §33-10-187, 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 pursuant to §33-10-187 or at any time after such date, and such leave may be continued until the date on which action under this section is completed or may be terminated at any earlier time.
Source: SL 2012, ch 175, §207; SL 2023, ch 109, §20.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-227 - Commitment of person incompetent to stand trial.

33-10-227. Commitment of person incompetent to stand trial.
In the case of a person determined under this code to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for that person shall commit the person to the custody of the state attorney general.
Source:
SL 2012, ch 175, §208.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-228 - Action in accordance with statute applicable to persons incompetent to stand trial.

33-10-228. Action in accordance with statute applicable to persons incompetent to stand trial.
The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial. If at the end of the period for hospitalization provided for in the state statute applicable to persons incompetent to stand trial, it is determined that the committed person's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with the state statute applicable to persons incompetent to stand trial.
Source:
SL 2012, ch 175, §209.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-229 - Notice of determination that accused is competent to stand trial.

33-10-229. Notice of determination that accused is competent to stand trial.
If the director of a facility in which a person is hospitalized pursuant to §33-10-228 determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the state attorney general and to the general court-martial convening authority for the person. The director shall send a copy of the notification to the person's counsel.
Source:
SL 2012, ch 175, §210.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-230 - Action by general court-martial convening authority or attorney general.

33-10-230. Action by general court-martial convening authority or attorney general.
Upon receipt of a notification, the general court-martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this code. If the person is no longer subject to this code, the state attorney general shall take any action within the authority of the state attorney general that the state attorney general considers appropriate regarding the person.
Source:
SL 2012, ch 175, §211.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-231 - Custody of facility director.

33-10-231. Custody of facility director.
The director of the facility may retain custody of the person for not more than thirty days after transmitting the notifications required by §33-10-229.
Source:
SL 2012, ch 175, §212.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-232 - References to court that ordered commitment.

33-10-232. References to court that ordered commitment.
In the application of the state statute applicable to persons incompetent to stand trial to a case under this section, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court-martial convening authority for that person. However, if the person is no longer subject to this code at a time relevant to the application of such section to the person, the state trial court with felony jurisdiction in the county where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person.
Source:
SL 2012, ch 175, §213.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-233 - Commitment of person found not guilty by reason of lack of mental responsibility.

33-10-233. Commitment of person found not guilty by reason of lack of mental responsibility.
If a person is found by a court-martial not guilty only by reason of lack of mental responsibility, the person shall be committed to a suitable facility until the person is eligible for release in accordance with this code.
Source:
SL 2012, ch 175, §214.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-234 - Hearing on mental condition.

33-10-234. Hearing on mental condition.
The court-martial shall conduct a hearing on the mental condition in accordance with the state statute applicable to persons incompetent to stand trial.
Source:
SL 2012, ch 175, §215.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-236 - Action when release would create substantial risk of injury or serious property damage.

33-10-236. Action when release would create substantial risk of injury or serious property damage.
If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect:
(1)The general court-martial convening authority may commit the person to the custody of the state attorney general; and
(2)The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial.
Source:
SL 2012, ch 175, §217.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-237 - Statute applicable to hospitalized person.

33-10-237. Statute applicable to hospitalized person.
The state statute applicable to persons incompetent to stand trial shall apply in the case of a person hospitalized pursuant to this code, except that the state trial court with felony jurisdiction in the county where the person is hospitalized shall be considered as the court that ordered the person's commitment.
Source:
SL 2012, ch 175, §218.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-238 - Application of statute comparable to 18 U.S.C. 4247(d).

33-10-238.Application of statute comparable to 18 U.S. C. 4247(d).
Except as otherwise provided in this section and §33-10-239, the state statute most closely comparable to 18 U.S.C. 4247(d) as of January 1, 2012, apply in the administration of §§33-10-227 to 33-10-237, inclusive.
In the application of the state statute most closely comparable to 18 U.S. C. 4247(d), to hearings conducted by a court-martial pursuant to §§33-10-227 to 33-10-237, inclusive, or by (or by order of) a general court-martial convening authority pursuant to §§33-10-227 to 33-10-237, inclusive, the reference in that section to section 3006A of such title does not apply.
Source:
SL 2012, ch 175, §219.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-239 - Application of statute comparable to 18 U.S.C. § 4241 et seq.--Change of status.

33-10-239.Application of statute comparable to 18 U.S. C. §4241 et seq.--Change of status.
The state statute most closely comparable to chapter 313 of Title 18, United States Code, 18 U.S.C. §4241 et seq. as of January 1, 2012, referred to in this section apply according to the provisions of this section notwithstanding section 4247(j) of Title 18.
If the status of a person as described in §33-10-21 terminates while the person is, pursuant to this section, in the custody of the state attorney general, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this code shall continue to apply to that person notwithstanding the change of status.
Source:
SL 2012, ch 175, §220.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-240 - Principal defined.

33-10-240. Principal defined.
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 the person would be punishable by this code;
is a principal.
Source:
SL 2012, ch 175, §221.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-241 - Accessory after the fact.

33-10-241. 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 the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §222.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-242 - Included offense--Attempted offense.

33-10-242. Included offense--Attempted 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 an offense necessarily included in the offense charged.
Source:
SL 2012, ch 175, §223.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-243 - Attempt defined.

33-10-243. Attempt defined.
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.
Source:
SL 2012, ch 175, §224.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-244 - Attempt to commit offense subject to punishment.

33-10-244. Attempt to commit offense subject to punishment.
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.
Source:
SL 2012, ch 175, §225.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-245 - Conviction of attempt for consummated offense.

33-10-245. Conviction of attempt for consummated offense.
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.
Source:
SL 2012, ch 175, §226.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-246 - Conspiracy.

33-10-246. Conspiracy.
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.
Source:
SL 2012, ch 175, §227.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-247 - Solicitation to desert or mutiny.

33-10-247. Solicitation to desert or mutiny.
Any person subject to this code who solicits or advises another or others to desert in violation of §33-10-251 or mutiny in violation of §33-10-262 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.
Source:
SL 2012, ch 175, §228.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-248 - Solicitation to commit misbehavior before the enemy or sedition.

33-10-248. Solicitation to commit misbehavior before the enemy or sedition.
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 §33-10-268 or sedition in violation of §33-10-262 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.
Source:
SL 2012, ch 175, §229.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-249 - Fraudulent enlistment, appointment, or separation.

33-10-249. Fraudulent enlistment, appointment, or separation.
Any person who:
(1)Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances there under; or
(2)Procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to the person's eligibility for that separation;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §230.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-250 - Unlawful enlistment, appointment, or separation.

33-10-250. Unlawful enlistment, appointment, or separation.
Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces 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.
Source:
SL 2012, ch 175, §231.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-251 - Desertion.

33-10-251. Desertion.
Any member of the state military forces who:
(1)Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away there from permanently;
(2)Quits the member's unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3)Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States;
is guilty of desertion.
Source:
SL 2012, ch 175, §232.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-252 - Desertion by commissioned officer.

33-10-252. Desertion by commissioned officer.
Any commissioned officer of the state military forces who, after tender of the officer's resignation and before notice of its acceptance, quits the officer's post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
Source:
SL 2012, ch 175, §233.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-253 - Punishment for desertion.

33-10-253. Punishment for desertion.
Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment as a court-martial may direct.
Source:
SL 2012, ch 175, §234.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-254 - Absence without leave.

33-10-254. Absence without leave.
Any person subject to this code who, without authority:
(1)Fails to go to the person's appointed place of duty at the time prescribed;
(2)Goes from that place; or
(3)Absents himself or herself 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;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §235.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-255 - Missing movement.

33-10-255. Missing movement.
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.
Source:
SL 2012, ch 175, §236.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-256 - Contempt toward officials.

33-10-256. Contempt toward officials.
Any commissioned officer who uses contemptuous words against the President, the Governor, or Legislature of this state shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §237.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-257 - Disrespect toward superior commissioned officer.

33-10-257. Disrespect toward superior commissioned officer.
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.
Source:
SL 2012, ch 175, §238.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-258 - Assaulting or willfully disobeying superior commissioned officer.

33-10-258. Assaulting or willfully disobeying superior commissioned officer.
Any person subject to this code who:
(1)Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the officer while the officer is in the execution of his or her office; or
(2)Willfully disobeys a lawful command of the person's superior commissioned officer;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §239.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-259 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

33-10-259. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
Any warrant officer or enlisted member who:
(1)Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office;
(2)Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(3)Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §240.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-260 - Failure to obey order or regulation.

33-10-260. Failure to obey order or regulation.
Any person subject to this code who:
(1)Violates or fails to obey any lawful general order or regulation;
(2)Having knowledge of any other lawful order issued by a member of the state military forces, which it is the person's duty to obey, fails to obey the order; or
(3)Is derelict in the performance of the person's duties;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §241.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-261 - Cruelty and maltreatment.

33-10-261. Cruelty and maltreatment.
Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to the person's orders shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §242.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-262 - Mutiny--Sedition--Failure to suppress or report.

33-10-262. Mutiny--Sedition--Failure to suppress or report.
Any person subject to this code who:
(1)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)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; or
(3)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 which the person knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
Source:
SL 2012, ch 175, §243.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-263 - Punishment for mutiny or sedition.

33-10-263. Punishment for mutiny or sedition.
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.
Source:
SL 2012, ch 175, §244.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-264 - Resistance--Flight--Breach of arrest--Escape.

33-10-264. Resistance--Flight--Breach of arrest--Escape.
Any person subject to this code who:
(1)Resists apprehension;
(2)Flees from apprehension;
(3)Breaks arrest; or
(4)Escapes from custody or confinement;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §245.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-265 - Releasing prisoner without proper authority.

33-10-265. Releasing prisoner without proper authority.
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 such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
Source:
SL 2012, ch 175, §246.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-266 - Unlawful detention.

33-10-266. Unlawful detention.
Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §247.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-267 - Noncompliance with procedural rules.

33-10-267. 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.
Source:
SL 2012, ch 175, §248.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-268 - Misbehavior before the enemy.

33-10-268. Misbehavior before the enemy.
Any person subject to this code who before or in the presence of the enemy:
(1)Runs away;
(2)Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the person's duty to defend;
(3)Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4)Casts away the person's arms or ammunition;
(5)Is guilty of cowardly conduct;
(6)Quits the person's place of duty to plunder or pillage;
(7)Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces;
(8)Willfully fails to do the person's utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is the person's 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, to the state, or to any other state, when engaged in battle;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §249.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-269 - Subordinate compelling surrender.

33-10-269. Subordinate compelling surrender.
Any person subject to this code who compels or attempts to compel the commander of any of the state military forces of the state, or of any other state, place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §250.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-270 - Improper use of countersign.

33-10-270. 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 the person's knowledge, the person was authorized and required to give, shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §251.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-271 - Captured or abandoned property--Securing and turning over.

33-10-271. Captured or abandoned property--Securing and turning over.
Each person subject to this code shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in the person's possession, custody, or control.
Source:
SL 2012, ch 175, §252.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-272 - Captured or abandoned property--Offenses.

33-10-272. Captured or abandoned property--Offenses.
Any person subject to this code who:
(1)Fails to carry out the duties prescribed in §33-10-271;
(2)Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or
(3)Engages in looting or pillaging;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §253.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-273 - Aiding the enemy.

33-10-273. 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 things; or
(2)Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §254.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-274 - Misconduct as prisoner.

33-10-274. Misconduct as 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 the person's 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.
Source:
SL 2012, ch 175, §255.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-275 - False official statements.

33-10-275. 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 made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §256.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-276 - Military property--Loss, damage, destruction, or wrongful disposition.

33-10-276. Military property--Loss, damage, destruction, or wrongful disposition.
Any person subject to this code who, without proper authority:
(1)Sells or otherwise disposes of;
(2)Willfully or through neglect damages, destroys, or loses; or
(3)Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of;
any military property of the United States or of any state, shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §257.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-277 - Property other than military property--Waste, spoilage, or destruction.

33-10-277. Property other than military property--Waste, spoilage, or destruction.
Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §258.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-278 - Willful hazarding of vessel.

33-10-278. Willful hazarding of vessel.
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 any state military forces shall suffer such punishment as a court-martial may direct.
Source:
SL 2012, ch 175, §259.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-279 - Negligent hazarding of vessel.

33-10-279. Negligent hazarding of vessel.
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 any state military forces shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §260.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-280 - Drunk on duty.

33-10-280. Drunk on duty.
Any person subject to this code other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §261.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-281 - Wrongful use, possession, or distribution of controlled substances.

33-10-281. Wrongful use, possession, or distribution of controlled substances.
Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of any state military forces a substance described in §33-10-282 shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §262.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-282 - Controlled substances defined.

33-10-282. Controlled substances defined.
The substances referred to in §33-10-281 are the following:
(1)Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance;
(2)Any substance not specified in subdivision (1) of this section that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces of the United States 10 U.S.C. §801 et seq. as of January 1, 2012; and
(3)Any other substance not specified in subdivision (1) of this section or contained on a list prescribed by the President pursuant to subdivision (2) of this section that is listed in schedules I through V of article 202 of the Controlled Substances Act 21 U.S.C. §812 as of January 1, 2012.
Source:
SL 2012, ch 175, §263.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-283 - Misbehavior of sentinel.

33-10-283. Misbehavior of sentinel.
Any sentinel or look-out who is found drunk, or under the influence of a controlled substance identified in §33-10-282, or sleeping upon the sentinel's or look-out's post or leaves it before being properly relieved, shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §264.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-284 - Malingering.

33-10-284. Malingering.
Any person subject to this code who for the purpose of avoiding work, duty, or service:
(1)Feigns illness, physical disablement, mental lapse, or derangement; or
(2)Intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §265.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-285 - Riot or breach of peace.

33-10-285. Riot or breach of peace.
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §266.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-286 - Provoking speeches or gestures.

33-10-286. Provoking speeches or gestures.
Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §267.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-287 - Frauds against the government.

33-10-287. 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;
(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 it to contain any false or fraudulent statements;
(b)Makes any oath, affirmation or certification to any fact or to any writing or other paper knowing the oath, affirmation or certification to be false; or
(c)Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(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 state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person 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 state military forces, 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.
Source:
SL 2012, ch 175, §268.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-288 - Conduct unbecoming an officer.

33-10-288. Conduct unbecoming an officer.
Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct.
Source:
SL 2012, ch 175, §269.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-289 - Disorder and neglect--Conduct discrediting state military forces.

33-10-289. Disorder and neglect--Conduct discrediting state military forces.
Though not specifically mentioned in this code, any disorder and neglect to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court.
Source:
SL 2012, ch 175, §270.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-290 - Court of inquiry convened for investigation.

33-10-290. Court of inquiry convened for investigation.
Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.
Source:
SL 2012, ch 175, §271.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-291 - Members of court--Counsel.

33-10-291. Members of court--Counsel.
A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.
Source:
SL 2012, ch 175, §272.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-292 - Parties.

33-10-292. Parties.
Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
Source:
SL 2012, ch 175, §273.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-296 - Findings--Opinions.

33-10-296. Findings--Opinions.
Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
Source:
SL 2012, ch 175, §277.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-297 - Record of proceedings.

33-10-297. Record of proceedings.
Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
Source:
SL 2012, ch 175, §278.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-298 - Administration of oaths for purposes of military administration.

33-10-298. Administration of oaths for purposes of military administration.
The following persons may administer oaths for the purposes of military administration, including military justice:
(1)All judge advocates;
(2)All summary courts-martial officers;
(3)All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(4)All commanding officers; and
(5)All other persons designated by regulations of the armed forces of the United States or by statute.
Source:
SL 2012, ch 175, §279.