reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 44. Militia › §44-858C. Enforcement of fines or adjudication of pecuniary liability.

ARTICLE 58C. Enforcement of fines or adjudication of pecuniary liability.
When a sentence, including a fine, or a finally approved adjudication of pecuniary liability under a report of survey or financial liability investigation of property loss (FLIPL) has been ordered executed pursuant to regulations promulgated by the Adjutant General, the collection of the fine or the adjudication of pecuniary liability may be made executory and enforced by the Oklahoma Attorney General, or his or her designee, in the judicial district as described in Section 22 of Title 20 of the Oklahoma Statutes in which the court martial was held or in the district court judicial district, where nonjudicial punishment was decided or district court judicial district of residence of the accused or person against whom the pecuniary charge was raised in the same manner as a money judgment in a civil case or by the withholding of any funds due the accused from the state or any of its agencies in accordance with regulations prescribed by the Adjutant General. To the extent not prohibited by federal law or regulation, a fine may be enforced by withholding federal funds due the accused.
Added by Laws 2019, c. 408, § 70, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-858D. Parole.

ARTICLE 58D. Parole.
The system of parole established pursuant to Section 10 of Article VI of the Oklahoma Constitution and Titles 22 and 57 of the Oklahoma Statutes shall be applicable to any person in any place of confinement under the control of the state military forces or in any penal or correctional institution used or under the control of the Oklahoma Department of Corrections when such person is in confinement as a result of a sentence adjudged by a court-martial conducted by the state military forces.
Added by Laws 2021, c. 12, § 21, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-859. Error of law - Lesser included offense.

ARTICLE 59. Error of law - lesser included offense.
A. A finding or sentence of 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 approve or affirm, instead, so much of the finding as includes a lesser included offense.
Added by Laws 2019, c. 408, § 71, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-860. Posttrial processing in general and special courts-martial.

ARTICLE 60. Posttrial processing in general and special courts-martial.
A. Statement of trial results.
1. The military judge of a general or special court-martial shall enter into the record of trial a document entitled "Statement of Trial Results", which shall set forth:
a.
each plea and finding,
b.
the sentence, if any, and
c.
such other information as the Adjutant General may prescribe by regulation.
2. Copies of the Statement of Trial Results shall be provided promptly to the convening authority, the accused, and any victim of the offense.
B. Posttrial motions. In accordance with regulations prescribed by the Adjutant General, the military judge in a general or special court-martial shall address all posttrial motions and other posttrial matters that:
1. May affect a plea, a finding, the sentence, the Statement of Trial Results, the record of trial, or any posttrial action by the convening authority; and
2. Are subject to resolution by the military judge before entry of judgment.
Added by Laws 2019, c. 408, § 72, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-860C. Entry of judgment.

ARTICLE 60C. Entry of judgment.
A. Entry of judgment of general or special court-martial.
1. In accordance with regulations prescribed by the Adjutant General, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:
a.
the Statement of Trial Results under Section 860 of this title (Article 60),
b.
any modifications of, or supplements to, the Statement of Trial Results by reason of:
(1)
any posttrial action by the convening authority, or
(2)
any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.
2. Under regulations prescribed by the Adjutant General, the judgment under paragraph 1 of this subsection shall be:
a.
provided to the accused and to any victim of the offense, and
b.
made available to the public.
B. Summary court-martial judgment. The findings and sentence of a summary court-martial, as modified by any posttrial action by the convening authority under Section 860B of this title (Article 60B), constitutes the judgment of the court-martial and shall be recorded and distributed under regulations prescribed by the Adjutant General.
Added by Laws 2019, c. 408, § 75, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-861. Waiver of right to appeal - Withdrawal of appeal.

ARTICLE 61. Waiver of right to appeal; withdrawal of appeal.
A. Waiver of right to appeal. After entry of judgment in a general or special court-martial, under regulations promulgated by the Adjutant General, the accused may waive the right to appellate review in each case subject to such review under Section 866 of this title (Article 66). Such a waiver shall be:
1. Signed by the accused and by defense counsel; and
2. Attached to the record of trial.
B. Withdrawal of appeal. In a general or special court-martial, the accused may withdraw an appeal at any time.
C. Waiver or withdrawal as bar. A waiver or withdrawal under this section bars review under Section 866 of this title (Article 66).
Added by Laws 2019, c. 408, § 76, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-862. Appeal by the State of Oklahoma.

ARTICLE 62. Appeal by the State of Oklahoma.
A. 1. In a trial by general or special court-martial, or in a pretrial proceeding under Section 830A of this title (Article 30A), the State of Oklahoma may appeal the following:
a.
an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification,
b.
an order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding,
c.
an order or ruling which directs the disclosure of classified or confidential information,
d.
an order or ruling which imposes sanctions for nondisclosure of classified or confidential information,
e.
a refusal of the military judge to issue a protective order sought by the State of Oklahoma to prevent the disclosure of classified or confidential information,
f.
a refusal by the military judge to enforce an order described in subparagraph e of this paragraph that has previously been issued by appropriate authority, and
g.
an order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
2.
a.
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two (72) hours of the order or ruling. Such 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 which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
b.
An appeal of an order or ruling may not be taken when prohibited by Section 844 of this title (Article 44).
3. An appeal under this section shall be diligently prosecuted by appellate government counsel.
B. An appeal under this section shall be forwarded by a means prescribed under regulations of the Adjutant General directly to the Military Court of Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Military Court of Appeals may act only with respect to matters of law.
C. 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.
D. The provisions of this section shall be liberally construed to effect its purposes.
Added by Laws 2019, c. 408, § 77, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-863. Rehearings.

ARTICLE 63. Rehearings.
A. Each rehearing under the Oklahoma Uniform Code of Military Justice shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be adjudged, 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.
B. If the sentence adjudged by the first court-martial was in accordance with a plea agreement under Section 853A of this title (Article 53A) and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been adjudged at the first court-martial, subject to such limitations as the Adjutant General may prescribe by regulation.
C. If, after appeal by the government under subsection C of Section 856 of this title (Article 56, subsection C), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Military Court of Appeals or Court of Criminal Appeals, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the Adjutant General may prescribe by regulation.
Added by Laws 2019, c. 408, § 78, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-864. Judge advocate review of finding of guilty in summary court-martial.

ARTICLE 64. Judge advocate review of finding of guilty in summary court-martial.
A. In general. Under regulations prescribed by the Adjutant General, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:
1. Conclusions as to whether:
a.
the court had jurisdiction over the accused and the offense,
b.
the charge and specification stated an offense, and
c.
the sentence was within the limits prescribed as a matter of law;
2. A response to each allegation of error made in writing by the accused; and
3. If the case is sent for action under subsection 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. Record. The record of trial and related documents in each case reviewed under subsection A of this section shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person's successor in command) if:
1. The judge advocate who reviewed the case recommends corrective action; or
2. Such action is otherwise required by regulations of the Adjutant General.
C. 1. The person to whom the record of trial and related documents are sent under subsection B of this section may:
a.
disapprove or approve the findings or sentence, in whole or in part,
b.
remit, commute, or suspend the sentence in whole or in part,
c.
except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both, or
d.
dismiss the charges.
2. If a rehearing is ordered but the convening authority finds a rehearing impracticable, he or she shall dismiss the charges.
3. If the opinion of the judge advocate in the judge advocate's review under subsection A of this section is that corrective action is required as a matter of law and if the person required to take action under subsection B does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the State Judge Advocate for review under Section 869 of this title (Article 69).
Added by Laws 2019, c. 408, § 79, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-870. Appellate counsel.

ARTICLE 70. Appellate counsel.
A. The State Judge Advocate shall detail in his or her office one or more commissioned officers as appellate government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under paragraph 1 of subsection B of Section 827 of this title (Article 27, subsection B, paragraph 1).
B. Appellate government counsel shall represent the State of Oklahoma before the Military Court of Appeals or the Court of Criminal Appeals when directed to do so by the State Judge Advocate.
C. Appellate defense counsel shall represent the accused before the Military Court of Appeals, or the Court of Criminal Appeals:
1. When requested by the accused;
2. When the State of Oklahoma is represented by counsel; or
3. When the State Judge Advocate has sent the case to the Military Court of Appeals.
D. The accused has the right to be represented before the Military Court of Appeals, or the Court of Criminal Appeals by civilian counsel if provided by him or her.
E. Military appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the State Judge Advocate directs.
F. As provided in regulations promulgated by the Adjutant General, if needed, the State Judge Advocate may employ civilian appellate counsel for the government and for the defense.
Added by Laws 2019, c. 408, § 86, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-872. Vacation of suspension.

ARTICLE 72. Vacation of suspension.
A. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The State Judge Advocate shall detail a judge advocate, who is certified under subsection B of Section 827 of this title (Article 27, subsection B), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.
B. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Adjutant General. If the Adjutant General vacates the suspension, any unexecuted part of the sentence shall be executed, subject to applicable restrictions in Section 857 of this title (Article 57).
C. 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.
Added by Laws 2019, c. 408, § 88, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-873. Petition for a new trial.

ARTICLE 73. Petition for a new trial.
At any time within three (3) years after the date of the entry of judgment under Section 860C of this title (Article 60C), the accused may petition the State Judge Advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before the Military Court of Appeals or before the Court of Criminal Appeals, the State Judge Advocate shall refer the petition to the appropriate court for action. Otherwise, the State Judge Advocate shall act upon the petition.
Added by Laws 2019, c. 408, § 89, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-874. Remission and suspension.

ARTICLE 74. Remission and suspension.
A. The Adjutant General, the State Judge Advocate, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor.
B. The Adjutant General 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.
Added by Laws 2019, c. 408, § 90, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 24, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-875. Restoration.

ARTICLE 75. Restoration.
A. Under such regulations as the Adjutant General may promulgate, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
B. If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Adjutant General shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her 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 pursuant to Sections 875 and 12203 of Title 10 of the United States Code and any applicable regulations prescribed thereunder by the President of the United States or the Secretary concerned.
Added by Laws 2019, c. 408, § 91, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-876. Finality of proceedings, findings, and sentences.

ARTICLE 76. Finality of proceedings, findings, and sentences.
The appellate review of records of trial provided by the Oklahoma Uniform Code of Military Justice, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by the Code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by the 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 of Oklahoma, subject only to action upon a petition for a new trial as provided in Section 873 of this title (Article 73) and to action by the Adjutant General as provided in Section 874 of this title (Article 74) and the authority of the Governor.
Added by Laws 2019, c. 408, § 92, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-876A. Leave required to be taken pending review of certain court-martial convictions.

ARTICLE 76A. Leave required to be taken pending review of certain court-martial convictions.
Under regulations promulgated 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 part if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under Section 860C of this title (Article 60C) or at any time after such date, and such leave may be continued until the date on which action under this part is completed or may be terminated at any earlier time.
Added by Laws 2019, c. 408, § 93, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-876B. Lack of mental capacity or mental responsibility.

ARTICLE 76B. Lack of mental capacity or mental responsibility.
A. No person accused of violating a punitive section under the Oklahoma Uniform Code of Military Justice shall be brought to trial by a general or special court-martial if that person is presently suffering from a mental disease or defect rendering him or her mentally incompetent to the extent that he or she is unable to understand the nature of the proceedings against him or her or to conduct or cooperate intelligently in the defense of the case.
B. A person is presumed to have the capacity to stand trial unless the contrary is established.
C. The procedure for determining mental competence shall be established in regulations promulgated by the Adjutant General.
Added by Laws 2019, c. 408, § 94, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-877. Principals.

ARTICLE 77. Principals.
Any person punishable under the Oklahoma Uniform Code of Military Justice who:
1. Commits an offense punishable by the Oklahoma Uniform Code of Military Justice, or aids, abets, counsels, commands, or procures its commission; or
2. Causes an act to be done which if directly performed by him or her would be punishable by this chapter,
shall be a principal.
Added by Laws 2019, c. 408, § 95, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-878. Accessory after the fact.

ARTICLE 78. Accessory after the fact.
Any person subject to the Oklahoma Uniform Code of Military Justice who, knowing that an offense punishable by the Code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 96, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-879. Conviction of offense charged, lesser included offenses.

ARTICLE 79. Conviction of offense charged, lesser included offenses.
A. In general. An accused may be found guilty of any of the following:
1. The offense charged;
2. A lesser included offense;
3. An attempt to commit the offense charged; and
4. An attempt to commit a lesser included offense, if the attempt is an offense in its own right.
B. Lesser included offense defined. In this section, the term "lesser included offense" means:
1. An offense that is necessarily included in the offense charged; and
2. Any lesser included offense so designated by regulation prescribed by the Adjutant General.
C. Regulatory authority. Any designation of a lesser-included offense in a regulation referred to in subsection B of this section shall be reasonably included in the greater offense.
Added by Laws 2019, c. 408, § 97, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-880. Attempts.

ARTICLE 80. Attempts.
A. An act, done with specific intent to commit an offense under the Oklahoma Uniform Code of Military Justice, amounting to more than mere preparation and tending, even though failing, to effect its commission, shall be an attempt to commit that offense.
B. Any person subject to the Code who attempts to commit any offense punishable by the Code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
C. Any person subject to the Code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
Added by Laws 2019, c. 408, § 98, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-881. Conspiracy.

ARTICLE 81. Conspiracy.
Any person subject to the Oklahoma Uniform Code of Military Justice who conspires with any other person to commit an offense under the 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.
Added by Laws 2019, c. 408, § 99, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-882. Soliciting commission of offenses.

ARTICLE 82. Soliciting commission of offenses.
A. Soliciting commission of offenses generally. Any person subject to the Oklahoma Uniform Code of Military Justice who solicits or advises another to commit an offense under the Code, other than an offense specified in subsection B of this section, shall be punished as a court-martial may direct.
B. Soliciting desertion, mutiny, sedition, or misbehavior before the enemy. Any person subject to the Code who solicits or advises another to violate Section 885 of this title (Article 85), Section 894 of this title (Article 94), or Section 899 of this title (Article 99):
1. If the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and
2. If the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 100, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-883. Malingering.

ARTICLE 83. Malingering.
Any person subject to the Oklahoma Uniform Code of Military Justice who, with the intent to avoid work, duty, or service:
1. Feigns illness, physical disablement, mental lapse, or mental derangement; or
2. Intentionally inflicts self-injury,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 101, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-884. Breach of medical quarantine.

ARTICLE 84. Breach of medical quarantine.
Any person subject to the Oklahoma Uniform Code of Military Justice:
1. Who is ordered into medical quarantine by a person authorized to issue such order; and
2. Who, with knowledge of the quarantine and the limits of the quarantine, goes beyond those limits before being released from the quarantine by proper authority,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 102, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-885. Desertion.

ARTICLE 85. Desertion.
A. Any member of the state military forces who:
1. Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;
2. Quits his or her 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 force components of state military forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States,
is guilty of desertion.
B. Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her 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, if the offense is committed in time of war, by confinement of not more than ten (10) 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.
Added by Laws 2019, c. 408, § 103, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-886. Absence without leave.

ARTICLE 86. Absence without leave.
Any member of the state military forces who, without authority:
1. Fails to go to his or her appointed place of duty at the time prescribed;
2. Goes from that place; or
3. Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 104, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-887. Missing movement - Jumping from vessel.

ARTICLE 87. Missing movement; jumping from vessel.
A. Missing movement. Any person subject to the Oklahoma Uniform Code of Military Justice 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.
B. Jumping from vessel into the water. Any person subject to the Code who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 105, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-887A. Resistance, flight, breach of arrest, and escape.

ARTICLE 87A. Resistance, flight, breach of arrest, and escape.
Any person subject to the Oklahoma Uniform Code of Military Justice 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.
Added by Laws 2019, c. 408, § 106, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-888. Contempt toward officials.

ARTICLE 88. Contempt toward officials.
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, the Governor of the State of Oklahoma, or the Oklahoma Legislature shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 108, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-889. Disrespect toward superior commissioned officer - Assault of superior commissioned officer.

ARTICLE 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer.
A. Disrespect. Any person subject to the Oklahoma Uniform Code of Military Justice who behaves with disrespect toward that person's superior commissioned officer shall be punished as a court-martial may direct.
B. Assault. Any person subject to the Code who strikes that person's superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer's office shall be punished, if the offense is committed in time of declared war, by confinement of not more than ten (10) years or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment as a court-martial may direct.
Added by Laws 2019, c. 408, § 109, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-890. Willfully disobeying superior commissioned officer.

ARTICLE 90. Willfully disobeying superior commissioned officer.
Any person subject to the Oklahoma Uniform Code of Military Justice who willfully disobeys a lawful command of that person's superior commissioned officer shall be punished, if the offense is committed in time of declared war, by confinement of not more than ten (10) years or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment as a court-martial may direct.
Added by Laws 2019, c. 408, § 110, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-891. Insubordinate conduct toward warrant officer, or noncommissioned officer.

ARTICLE 91. Insubordinate conduct toward warrant officer, or noncommissioned officer.
Any warrant officer or enlisted member who:
1. Strikes or assaults a warrant officer, or noncommissioned officer, while that officer is in the execution of his or her office;
2. Willfully disobeys the lawful order of a warrant officer, or noncommissioned officer; or
3. 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 his or her office,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 111, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-892. Failure to obey order or regulation.

ARTICLE 92. Failure to obey order or regulation.
Any person subject to the Oklahoma Uniform Code of Military Justice 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 his or her duty to obey, fails to obey the order; or
3. Is derelict in the performance of his or her duties,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 112, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-893. Cruelty and maltreatment.

ARTICLE 93. Cruelty and maltreatment.
Any person subject to the Oklahoma Uniform Code of Military Justice who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 113, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-894. Mutiny or sedition.

ARTICLE 94. Mutiny or sedition.
A. Any person subject to the Oklahoma Uniform Code of Military Justice who:
1. With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her 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;
3. Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she 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.
Added by Laws 2019, c. 408, § 115, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-895. Offenses by sentinel or lookout.

ARTICLE 95. Offenses by sentinel or lookout.
A. Drunk or sleeping on post, or leaving post before being relieved. Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished, if the offense is committed in time of war, by confinement of not more than ten (10) years or other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment as a court-martial may direct.
B. Loitering or wrongfully sitting on post. Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 116, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-895A. Disrespect toward sentinel or lookout.

ARTICLE 95A. Disrespect toward sentinel or lookout.
A. Disrespectful language toward sentinel or lookout. Any person subject to the Oklahoma Uniform Code of Military Justice who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.
B. Disrespectful behavior toward sentinel or lookout. Any person subject to the Code who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 117, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-896. Release of prisoner without authority - Drinking with prisoner.

ARTICLE 96. Release of prisoner without authority; drinking with prisoner.
A. Release of prisoner without authority. Any person subject to the Oklahoma Uniform Code of Military Justice:
1. Who, without authority to do so, releases a prisoner; or
2. Who, through neglect or design, allows a prisoner to escape,
shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.
B. Drinking with prisoner. Any person subject to the Code who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 118, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-897. Unlawful detention.

ARTICLE 97. Unlawful detention.
Any person subject to the Oklahoma Uniform Code of Military Justice who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 119, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-898. Misconduct as prisoner.

ARTICLE 98. Misconduct as prisoner.
Any person subject to the Oklahoma Uniform Code of Military Justice who, while in the hands of the enemy in time of war:
1. For the purpose of securing favorable treatment by his or her 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.
Added by Laws 2019, c. 408, § 120, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-899. Misbehavior before the enemy.

ARTICLE 99. Misbehavior before the enemy.
Any person subject to the Oklahoma Uniform Code of Military Justice 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 his or her 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 his or her arms or ammunition;
5. Is guilty of cowardly conduct;
6. Quits his or her 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 his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his or her 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 of Oklahoma, or to any other state, when engaged in battle,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 121, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-900. Subordinate compelling surrender.

ARTICLE 100. Subordinate compelling surrender.
Any person subject to the Oklahoma Uniform Code of Military Justice who compels or attempts to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the state military 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.
Added by Laws 2019, c. 408, § 122, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-901. Improper use of countersign.

ARTICLE 101. Improper use of countersign.
Any person subject to the Oklahoma Uniform Code of Military Justice who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 123, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-903B. Aiding the enemy.

ARTICLE 103B. Aiding the enemy.
Any person 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.
Added by Laws 2019, c. 408, § 127, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-903C. Unlawful disclosure of confidential information.

ARTICLE 103C. Unlawful disclosure of confidential information.
Any person subject to the Oklahoma Uniform Code of Military Justice who, with intent or reason to believe that it is to be used in the commission of a crime or act of terrorism under Oklahoma law, communicates, delivers or transmits, or attempts to communicate, deliver or transmit confidential information, directly or indirectly, to any other person shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 128, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-904. Public records offenses.

ARTICLE 104. Public records offenses.
Any person subject to the Oklahoma Uniform Code of Military Justice who willfully and unlawfully alters, conceals, removes, mutilates, obliterates, destroys, or takes with the intent to alter, conceal, remove, mutilate, obliterate, or destroy, a certain public record, and whose conduct, under the circumstances, was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces, shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 129, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-904A. Fraudulent enlistment, appointment, or separation.

ARTICLE 104A. 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 his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
2. Procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to his or her eligibility for that separation,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 130, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-904B. Unlawful enlistment, appointment, or separation.

ARTICLE 104B. Unlawful enlistment, appointment, or separation.
Any person subject to the Oklahoma Uniform Code of Military Justice who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her 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.
Added by Laws 2019, c. 408, § 131, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-905A. False or unauthorized pass offenses.

ARTICLE 105A. False or unauthorized pass offenses.
A. Wrongful making, altering, etc. Any person subject to the Oklahoma Uniform Code of Military Justice who, wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as a court-martial may direct.
B. Wrongful sale, etc. Any person subject to the Code who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct.
C. Wrongful use or possession. Any person subject to the Code who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 133, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-906A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.

ARTICLE 106A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.
Any person subject to the Oklahoma Uniform Code of Military Justice:
1. Who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and
2. Who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person's uniform or civilian clothing,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 135, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-907. False official statements - False swearing.

ARTICLE 107. False official statements; false swearing.
A. False official statements. Any person subject to the Oklahoma Uniform Code of Military Justice who, with intent to deceive:
1. Signs any false record, return, regulation, order, or other official document, knowing it to be false; or
2. Makes any other false official statement knowing it to be false,
shall be punished as a court-martial may direct.
B. False swearing. Any person subject to the Code:
1. Who takes an oath that:
a.
is administered in a matter in which such oath is required or authorized by law, and
b.
is administered by a person with authority to do so; and
2. Who, upon such oath, makes or subscribes to a statement, if the statement is false and at the time of taking the oath, the person does not believe the statement to be true,
shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 136, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-908. Military property-loss, damage, destruction, or wrongful disposition.

ARTICLE 108. Military property-loss, damage, destruction, or wrongful disposition.
Any person subject to the Oklahoma Uniform Code of Military Justice 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, the State of Oklahoma, or any other state, shall be punished as a court-martial may direct.
Added by Laws 2019, c. 408, § 138, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-908A. Captured or abandoned property.

ARTICLE 108A. Captured or abandoned property.
A. All persons subject to the Oklahoma Uniform Code of Military Justice shall secure all public property taken for the service of the United States, or the State of Oklahoma, or another state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
B. Any person subject to the Code who:
1. Fails to carry out the duties prescribed in subsection A of this section;
2. Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he or she 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.
Added by Laws 2019, c. 408, § 139, eff. Oct. 1, 2019.