reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2955. Cruelty and maltreatment.

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders may be punished as a court-martial may direct.
HISTORY: 1984 Act No. 378, Section 58; 1985 Act No. 84, Section 18.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2957. Reckless endangerment.

A person subject to this code who recklessly and unlawfully engages in conduct that endangers the life or safety of another person, or who unlawfully engages in wilful, wanton, careless, reckless, or grossly negligent conduct that is likely to produce death or grievous bodily harm to another, is guilty of a violation of this section and, upon conviction, may be punished as a court-martial may direct.
HISTORY: 2001 Act No. 85, Section 3.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2960. Mutiny or sedition.

(1) Any person subject to the code who:
(A) with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance, is guilty of mutiny;
(B) 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
(C) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(2) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-2960 [1950 (46) 1881; 1952 Code Section 44-199; 1962 Code Section 44-196; 1964 (53) 2241] recodified as Section 25-1-2735 by 1984 Act No. 378; New Section 25-1-2960 [derived from former Section 25-1-2470 (1950 (46) 1881; 1952 Code Section 44-159; 1962 Code Section 44-158; 1964 (53) 2241); Section 25-1-2480 (1950 (46) 1881; 1952 Code Section 44-159; 1962 Code Section 44-158; 1964 (53) 2241)]; En by 1984 Act No. 378, Section 59; 1985 Act No. 84, Section 19.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2965. Resisting arrest, and escape.

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed may be punished as a court-martial may direct.
HISTORY: 1984 Act No. 378, Section 60; 1985 Act No. 84, Section 20.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2970. Releasing prisoner without proper authority.

Any person subject to the code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any prisoner to escape, may be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
HISTORY: Former Section 25-1-2970 [1950 (46) 1881; 1952 Code Section 44-202; 1962 Code Section 44-199; 1964 (53) 2241] recodified as Section 25-1-2750 by 1984 Act No. 378; New Section 25-1-2970 En by 1984 Act No. 378, Section 61; 1985 Act No. 84, Section 21.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2975. Unlawful detention.

Any person subject to this code, who, except as provided by law or regulation, apprehends, arrests, or confines any person may be punished as a court-martial may direct.
HISTORY: 1984 Act No. 378, Section 62; 1985 Act No. 84, Section 22.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2980. Noncompliance with procedural rules.

Any person, subject to this code may be punished as a court-martial may direct, if he:
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under the code;
(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.
HISTORY: Former Section 25-1-2980 [1950 (46) 1881; 1952 Code Section 44-204; 1962 Code Section 44-200; 1964 (53) 2241] recodified as Sections 25-1-2740 and 25-1-2755 by 1984 Act No. 378; New Section 25-1-2980 En by 1984 Act No. 378, Section 63; 1985 Act No. 84, Section 23.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2985. Improper use or disclosure of parole or countersign.

Any person subject to this code, who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, may be punished as a court-martial may direct.
HISTORY: 1984 Act No. 378, Section 64; 1985 Act No. 84, Section 24.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2990. Forcing a safeguard.

Any person subject to this code who forces a safeguard may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-2990 [1950 (46) 1881; 1952 Code Section 44-205; 1962 Code Section 44-201; 1964 (53) 2241] recodified as Sections 25-1-2740 and 25-1-2745 by 1984 Act No. 378; New Section 25-1-2990 En by 1984 Act No. 378, Section 65; 1985 Act No. 84, Section 25.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-2995. Captured or abandoned property.

(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the 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.
(2) Any person, subject to this code may be punished as a court-martial may direct, if he:
(A) fails to carry out the duties prescribed in subsection 1 of this section;
(B) buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself;
(C) engages in looting or pillaging.
HISTORY: 1984 Act No. 378, Section 66; 1985 Act No. 84, Section 26.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3000. False official statements.

Any person subject to this code who with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-3000 [1950 (46) 1881; 1952 Code Section 44-197; 1962 Code Section 44-197; 1964 (53) 2241] recodified as Section 25-1-2725 by 1984 Act No. 378; New Section 25-1-3000 [derived from former Section 25-1-2420 (1950 (46) 1881; 1952 Code Section 44-153; 1962 Code Section 44-152; 1964 (53) 2241); Section 25-1-2430 (1950 (46) 1881; 1952 Code Section 44-153; 1962 Code Section 44-153; 1964 (53) 2241); Section 25-1-2440 (1950 (46) 1881; 1952 Code Section 44-153; 1962 Code Section 44-152; 1964 (53) 2241)] En by 1984 Act No. 378, Section 67; 1985 Act No. 84, Section 27.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3005. Loss, damage, destruction, or wrongful disposition of military property.

Any person subject to this code who, without proper authority:
(1) sells or otherwise disposes of; or
(2) wilfully or through neglect damages, destroys, or loses; or
(3) wilfully or through neglect suffers to be damaged, destroyed, sold, or wrongfully disposed of; or
(4) fails to account for or return any military property of the United States or of the State may be punished as a court-martial may direct.
HISTORY: [Derived from former Section 25-1-1460 (1950 (46) 1881; 1952 Code Section 44-87; 1962 Code Section 44-96; 1964 (53) 2241; repealed by 1984 Act No. 378, Section 91); Section 25-1-1470 (1950 (46) 1881; 1952 Code Section 44-89; 1962 Code Section 44-97; 1964 (53) 2241; repealed by 1984 Act No. 378, Section 91); Section 25-1-1480 (1950 (46) 1881; 1952 Code Section 44-90; 1962 Code Section 44-98; 1964 (53) 2241; repealed by 1984 Act No. 378, Section 91)] En by 1984 Act No. 378, Section 68; 1985 Act No. 84, Section 28.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3010. Waste, spoilage, or destruction of property other than military property.

Any person subject to this code who wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or damages any property other than military property of the State may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-3010 [1950 (46) 1881; 1952 Code Section 44-196; 1962 Code Section 44-198; 1964 (53) 2241] recodified as Section 25-1-3135 by 1984 Act No. 378; New Section 25-1-3010 En by 1984 Act No. 378, Section 69; 1985 Act No. 84, Section 29.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3015. Operating vehicle under influence of intoxicating liquor or controlled substance; reckless driving.

Any person subject to this code who operates any vehicle while under the influence of intoxicating liquors or any controlled substance, or in a reckless or wanton manner, may be punished as a court-martial may direct.
Any person subject to this code who negligently hazards, or allows to be hazarded, any vehicle of the military forces may be punished as a court-martial may direct.
HISTORY: 1984 Act No. 378, Section 70; 1985 Act No. 84, Section 30.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3020. Sleeping on duty; leaving post; under influence of intoxicating liquor or controlled substance while on duty.

Any person subject to this code who is found under the influence of intoxicating liquors or any controlled substance on duty or sleeping upon his post, or who leaves his post before he is regularly relieved, may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-3020 [1950 (46) 1881; 1952 Code Section 44-211; 1962 Code Section 44-202; 1964 (53) 2241] recodified as Sections 25-1-2815 and 25-1-2840 by 1984 Act No. 378; New Section 25-1-3020 [derived from former Section 25-1-2520 (1950 (46) 1881; 1952 Code Section 44-162; 1962 Code Section 44-162; 1964 (53) 2241); Section 25-1-2550 (1950 (46) 1881; 1952 Code Section 44-166; 1962 Code Section 44-166; 1964 (53) 2241); Section 25-1-2560 (1950 (46) 1881; 1952 Code Section 44-167; 1962 Code Section 44-167; 1964 (53) 2241)] En by 1984 Act No. 378, Section 71; 1985 Act No. 84, Section 31.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3025. Malingering.

A person subject to this code must be punished as a court-martial directs, if he, for the purpose of avoiding work, duty, or service in the military forces:
(1) feigns illness, physical disablement, mental lapse, or derangement;
(2) intentionally inflicts self-injury, or commits, performs, or undertakes a service-disqualifying activity;
(3) hires or attempts to hire another person to do his duty.
HISTORY: [Derived from former Section 25-1-2530 (1950 (46) 1881; 1952 Code Section 44-164; 1962 Code Section 44-164; 1964 (53) 2241)] En by 1984 Act No. 378, Section 72; 2011 Act No. 46, Section 23, eff June 7, 2011.
Effect of Amendment
The 2011 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3030. Riot or breach of peace.

Any person subject to this code who causes or participates in any riot or breach of the peace may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-3030 [1950 (46) 1881; 1952 Code Sections 44-210, 44-212; 1962 Code Section 44-203; 1964 (53) 2241] recodified as Sections 25-1-2500, 25-1-2835 and 25-1-2840 by 1984 Act No. 378; New Section 25-1-3030 En by 1984 Act No. 378, Section 73; 1985 Act No. 84, Section 32.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3035. Provoking or reproachful words or gestures.

Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to the code may be punished as a court-martial may direct.
HISTORY: 1984 Act No. 378, Section 74; 1985 Act No. 84, Section 33.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3040. Larceny; wrongful appropriation.

Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person, any money, personal property, or article of value of any kind:
(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny;
(2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, is guilty of wrongful appropriation.
Any person found guilty of larceny or wrongful appropriation may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-3040 [1950 (46) 1881; 1952 Code Section 44-214; 1962 Code Section 44-204; 1964 (53) 2241] recodified as Sections 25-1-2550, 25-1-2560 and 25-1-2570 by 1984 Act No. 378; New Section 25-1-3040 [derived from former Section 25-1-1410 (1950 (46) 1881; 1952 Code Section 44-88; 1962 Code Section 44-91; 1964 (53) 2241; repealed by 1984 Act No. 378, Section 91); Section 25-1-1450 (1918 (30) 874; Cr. C. '22 Section 115; 1932 Code Section 1227; 1942 Code Section 1227; 1952 Code Section 44-80; 1962 Code Section 44-95; 1964 (53) 2241; repealed by 1984 Act No. 378, Section 91)] En by 1984 Act No. 378, Section 75; 1985 Act No. 84 Section 34.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3045. Forgery.

Any person subject to this code who, with intent to defraud:
(1) falsely makes or alters any signature to, any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice;
(2) utters, offers, issues, or transfers such a writing, known by him to be made or altered is guilty of forgery and may be punished as a court-martial may direct.
HISTORY: [Derived from former Section 25-1-1440 (1950 (46) 1881; 1952 Code Section 44-79; 1962 Code Section 44-94; 1964 (53) 2241; repealed by 1984 Act No. 378, Section 91)] En by 1984 Act No. 378, Section 76; 1985 Act No. 84, Section 35.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3050. Assault.

Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and may be punished as a court-martial may direct.
HISTORY: Former Section 25-1-3050 [1950 (46) 1881; 1952 Code Section 44-213; 1962 Code Section 44-206; 1964 (53) 2241]; Repealed by codification of Code of Military Justice by 1984 Act No. 378, Section 77; New Section 25-1-3050 En by 1984 Act No. 378, Section 77.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3055. Perjury.

Any person subject to this code who, in a judicial proceeding or in a course of justice, conducted under the code, wilfully and corruptly gives, upon a lawful oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and may be punished as a court-martial may direct.
HISTORY: 1984 Act No. 378, Section 78; 1985 Act No. 84, Section 37.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3060. Frauds against United States or the State or any officer of it.

Any person, subject to this code must, upon conviction of the following, be punished as a court-martial may direct, if he:
(1) knowing it to be false or fraudulent:
(A) makes any claim against the United States, the State, or any officer of them;
(B) presents to any person in the civil or military service thereof, for approval or payment any claim against the State or any officer of it;
(2) for the purpose of obtaining the approval, allowance, or payment of any claim against the State or any officer of it:
(A) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false;
(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged and counterfeited;
(3) having charge, possession, custody, or control of any money or other property of the State furnished or intended for the military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt;
(4) being authorized to make or deliver any paper certifying the receipt of any property of the State furnished or intended for the military forces, makes or delivers to any person the writings without having full knowledge of the truth of the statements contained in it and with intent to defraud the State.
HISTORY: Former Section 25-1-3060 [1950 (46) 1881; 1952 Code Section 44-215; 1962 Code Section 44-207; 1964 (53) 2241] recodified as Section 25-1-3140 by 1984 Act No. 378; New Section 25-1-3060 [derived from former Section 25-1-1440 (1950 (46) 1881; 1952 Code Section 44-79; 1962 Code Section 44-94; 1964 (53) 2241; repealed by 1984 Act No. 378, Section 91)] En by 1984 Act No. 378, Section 79.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3065. Conduct unbecoming a member of the National Guard.

A person subject to the Code of Military Justice, who is convicted of conduct unbecoming a member of the National Guard, may be punished as a court-martial directs.
HISTORY: [Derived from former Section 25-1-2620 (1950 (46) 1881; 1952 Code Section 44-174; 1962 Code Section 44-174; 1964 (53) 2241)] En by 1984 Act No. 378, Section 80; 1985 Act No. 84, Section 38; 2001 Act No. 85, Section 43; 2011 Act No. 46, Section 24, eff June 7, 2011.
Effect of Amendment
The 2011 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3067. Fraternization.

A person subject to the Code of Military Justice, upon conviction of the following, may be punished as a court-martial directs, if he:
(1) was in the chain of command of a lower ranking member of the military forces;
(2) exercised authority or command over that lower ranking member of the military forces;
(3) fraternized with that lower ranking member of the military forces on terms of military equality; and
(4) that under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the military forces or was of a nature to bring discredit upon the military forces.
HISTORY: 2011 Act No. 46, Section 1, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3070. Punishment for disorders and neglects not specifically mentioned in Code of Military Justice.

Though not specifically mentioned in this code all disorders, neglects, and conduct to the prejudice of good order and discipline in the military forces, of which persons subject to the code may be guilty, must be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and may be punished at the discretion of that court.
HISTORY: Former Section 25-1-3070 [1962 Code Section 44-208; 1964 (53) 2241] recodified as Section 25-1-3145 by 1984 Act No. 378; New Section 25-1-3070 [derived from former Section 25-1-2630 (1950 (46) 1881; 1952 Code Section 44-175; 1962 Code Section 44-175; 1964 (53) 2241)] En by 1984 Act No. 378, Section 81; 1985 Act No. 84, Section 39.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3075. Statutory and common law criminal offenses in State incorporated into Code of Military Justice.

All statutory and common law criminal offenses in the State of South Carolina are specifically incorporated in this code by reference and made a part of the code so that the commission of such statutory or common law criminal offense shall subject the violator to court-martial and punishment as the court-martial shall direct.
HISTORY: [Derived from former Section 25-1-2630 (1950 (46) 1881; 1952 Code Section 44-175; 1962 Code Section 44-175; 1964 (53) 2241)] En by 1984 Act No. 378, Section 82.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3080. Courts of inquiry.

Courts of inquiry to investigate any matter of concern to the military forces may be convened by the Governor or Adjutant General for that purpose, whether or not the persons involved have requested such an inquiry.
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.
Any person subject to this code whose conduct is subject to inquiry must be designated as a party. Any person subject to this code or employed by or for the military forces, 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 must be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
The members, counsel, the reporter, and the interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
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.
Each court of inquiry shall keep a record of its proceedings, which must be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record may not be authenticated by the president, it must be signed by a member in lieu of the president. If the record may not be authenticated by the counsel for the court, it must be signed by a member in lieu of the counsel.
HISTORY: Former Section 25-1-3080 [1962 Code Section 44-208; 1964 (53) 2241] recodified as Sections 25-1-2490 and 25-1-2800 by 1984 Act No. 378; New Section 25-1-3080 [derived from former Section 25-1-3100 (1950 (46) 1881; 1952 Code Sections 44-219, 44-221; 1962 Code Section 44-211; 1964 (53) 2241)] En by 1984 Act No. 378, Section 83; 1985 Act No. 84, Section 40.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3085. Authority to administer oaths.

The following members of the military forces may administer oaths for the purpose of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public:
(1) the state judge advocate;
(2) all summary courts-martial;
(3) all adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(4) all judge advocates and legal officers, and acting or assistant judge advocates and legal officers;
(5) the president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial;
(6) the president and the counsel for the court of any court of inquiry;
(7) all officers designated to take a deposition;
(8) all persons detailed to conduct an investigation;
(9) all officers;
(10) all other persons designated by law or by regulations of the Governor.
The signature without seal of any person, together with the title of his office, is prima facie evidence of his authority.
HISTORY: [Derived from former Section 25-1-2860 (1950 (46) 1881; 1952 Code Section 44-186; 1962 Code Section 44-186; 1964 (53) 2241)] En by 1984 Act No. 378, Section 84; 2001 Act No. 85, Section 44.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3090. Text of Code of Military Justice; availability to member of military forces.

A complete text of the Code of Military Justice and of the regulations prescribed by the code must be made available to any member of the military forces, upon his request, for his personal examination.
HISTORY: Former Section 25-1-3090 [1962 Code Section 44-210; 1964 (53) 2241] recodified as Section 25-1-2520 by 1984 Act No. 378; New Section 25-1-3090; En by 1984 Act No. 378, Section 85.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3095. Complaint against officer.

Any member of the military forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to his next superior commissioned officer, who shall examine the complaint and take proper measures for redressing the wrong within his discretion. The Adjutant General shall have the final right of review and he may take such action as he considers necessary.
HISTORY: [Derived from former Section 25-1-2500 (1950 (46) 1881; 1952 Code Section 44-161; 1962 Code Section 44-161; 1964 (53) 2241)] En by 1984 Act No. 378, Section 86; 2001 Act No. 85, Section 45.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3100. Redress for damages to property.

Whenever complaint is made to any commanding officer that damage or loss of property has occurred, either negligently or intentionally, of the State or of an individual, he may, subject to such regulations as the adjutant general may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him must be charged against the pay of the offenders. The order of the commanding officer directing charges authorized by this section is conclusive, except as provided in the third paragraph of this section, on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.
If the offenders may not be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
Any person subject to this code who is accused of causing wilful damage to property has the right to be represented by counsel, to summon witnesses in his behalf and to cross-examine those appearing against him. Appeal may be taken only to the next higher authority who may approve or disapprove the findings or assess a smaller amount.
HISTORY: Former Section 25-1-3100 [1950 (46) 1881; 1952 Code Sections 44-219, 44-221; 1962 Code Section 44-211; 1964 (53) 2241] recodified as Section 25-1-3080 by 1984 Act No. 378; New Section 25-1-3100; En by 1984 Act No. 378, Section 87.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3110. Immunity for action of military courts or boards.

No action or proceeding in any state or federal court may be maintained against any member of the military forces acting under the authority or apparent authority of this code. This section may not be construed to bar any action or proceeding by any person who is not made subject to the Code of Military Justice under the provisions of Section 25-1-2430.
HISTORY: Former Section 25-1-3110 [1962 Code Section 44-212; 1964 (53) 2241] recodified as Section 25-1-3150 by 1984 Act No. 378; New Section 25-1-3110 [derived from former Section 25-1-2610 (1950 (46) 1881; 1952 Code Section 44-173; 1962 Code Section 44-173; 1964 (53) 2241)] En by 1984 Act No. 378, Section 89; 1985 Act No. 84, Section 41.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3115. Request for assistance of solicitor of judicial circuit.

The presidents of courts-martial and summary court officers may request the aid of the solicitor of the judicial circuit in which the court is sitting for assistance in the issuance of any writ, warrant, subpoena, or other process that is necessary. It is the duty of each solicitor, when called upon, to assist in the issuance of process, and the form must be that which is considered by the solicitor to be most appropriate to the situation and in keeping with the form of the process of the courts of general sessions.
HISTORY: [Derived from former Section 25-1-2890 (1962 Code Section 44-189; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3120. Oaths of members of court.

The trial counsel of a general or special court-martial shall administer to the members of the court, before they proceed upon any trial, the following oath or affirmation: "You, A.B., swear (or affirm) that you will well and truly try to determine, according to the evidence, the matter now before you between the State of South Carolina, and the person to be tried and that you will duly administer justice, without partiality, favor, or affection according to the provisions of the rules and articles for the government of the National Guard of South Carolina and if any doubt should arise, not explained by these articles, then according to your conscience, and the best of your understanding, do you further swear (or affirm) that you will not divulge the findings or sentence of the court until they shall be published by the proper authority, except to the trial counsel; neither will you disclose the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness by a court of justice in due course of law. So help you God."
HISTORY: [Derived from former Section 25-1-2910 (1950 (46) 1881; 1952 Code Section 44-189; 1962 Code Section 44-191; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3125. Oath of trial counsel and reporter.

When the oath or affirmation has been administered to the members of a general or special court-martial the president of the court shall administer to the trial counsel an oath in the following form: "Do you, A.B., swear (or affirm) that you will not divulge the findings or sentence of the court to any but the proper authority until they shall be duly disclosed by the same. So help you God." Every reporter of the proceedings of a court-martial shall, before entering upon his duties, make oath or affirmation in the following form: "Do you swear (or affirm) that you will faithfully perform the duties of reporter to this court. So help you God."
HISTORY: [Derived from former Section 25-1-2920 (1950 (46) 1881; 1952 Code Section 44-190; 1962 Code Section 44-192; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3130. Oath of Witnesses.

All persons who give evidence before a court-martial must be examined on oath or affirmation administered by the trial counsel in the following form: "Do you swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God." In case of affirmation the closing sentence of adjuration may be omitted.
HISTORY: [Derived from former Section 25-1-2930 (1950 (46) 1881; 1952 Code Section 44-206; 1962 Code Section 44-193; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3135. Trial by court-martial does not bar trial in State courts.

Trial by court-martial of an accused does not act as a bar to indictment, trial, and punishment by the courts of general sessions for violation of any of the criminal laws of the State of South Carolina which the accused may have committed.
HISTORY: [Derived from former Section 25-1-3010 (1950 (46) 1881; 1952 Code Section 44-196; 1962 Code Section 44-198; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3140. Writ when fine has not been paid.

When a fine has been assessed by a court-martial against a member of the National Guard of South Carolina and the proceedings of the court have been passed upon by the reviewing authority, and such fine is unpaid, the president, in the case of a general or special court-martial, or the summary court officer, in the case of a summary court-martial, shall issue a writ in substantially the following form.
STATE OF SOUTH CAROLINA
COUNTY OF __________
To any sheriff or constable in the State, Greetings:
Whereas, __________ of __________ in the county of __________, a member of the National Guard of South Carolina, was on the ___ day of __________, A. D., 19___, tried and found guilty of __________ in violation of __________ and was by court-martial sentenced to pay a fine of $__________ or serve ___ days in jail.
Whereas, such fine has not been paid.
Now, Therefore, by authority of the State of South Carolina, you are hereby commanded to take the body of the said __________ and commit it to the keeper of the jail in the county of __________ within such jail, who is hereby commanded to receive the body of said __________ and keep him safely until he pays the sum above mentioned, or serves ___ days provided said fine due shall be reduced proportionately with the number of days served.
Fail not but service and return make within thirty days from this date.
Dated at __________ in the county of __________ this ___ day of __________, 19___.
Name__________ Rank______ Organization__________
President of __________ Court National Guard of South Carolina
HISTORY: [Derived from former Section 25-1-3060 (1950 (46) 1881; 1952 Code Section 44-215; 1962 Code Section 44-207; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
Editor's Note
This form is reprinted to correct printing errors in the main volume.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3145. Writ of sentence of confinement.

When a sentence of confinement has been imposed by a court-martial against a member of the National Guard of South Carolina and the sentence of the court has been passed upon by the reviewing authority, the president, in case of a general or special court-martial, or the summary court officer, in the case of a summary court-martial, shall issue a writ in substantially the following form:
STATE OF SOUTH CAROLINA
COUNTY OF __________
To any sheriff in the State, Greetings:
Whereas, __________ of __________ in the county of __________, a member of the National Guard of South Carolina, was on the ___ day of __________, A.D., 19___, tried and found guilty of __________ in violation of __________ and was by court-martial sentenced to __________.
Now, Therefore, by authority of the State of South Carolina, you are hereby commanded to take the body of said __________ and commit it to the keeper of the jail in the county of __________ within such jail, who is hereby commanded to receive the body of said __________, and keep him safely until he serves said sentence.
Fail not but service and return make within thirty days from this date.
Dated at __________ in the county of __________ this ___ day of __________, 19_ .
US __________
Name __________ Rank __________ Organization __________
President of __________ Court National Guard of South Carolina
HISTORY: [Derived from former Section 25-1-3070 (1962 Code Section 44-208; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3150. Costs and expenses of courts-martial and courts of inquiry.

All costs and expenses involved in the proceedings of courts-martial and courts of inquiry must be paid by the adjutant general out of the appropriate military funds of this State.
HISTORY: [Derived from former Section 25-1-3110 (1962 Code Section 44-212; 1964 (53) 2241)] En by 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3155. Delegation of authority.

The Governor or adjutant general may delegate any authority vested in him under this code and may provide for the subdelegation of the authority, except the power given the Governor by Section 25-1-2580.
HISTORY: 1984 Act No. 378, Section 90.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-3160. Construction of Code of Military Justice.

The Code of Military Justice must be so construed as to effectuate its general purpose to make it uniform so far as practical with the Uniform Code of Military Justice, Chapter 47, Title 10, United States Code, and the Manual for Courts-Martial. Moreover, the Adjutant General may establish procedures to conform state military judicial proceedings with those used in circuit courts of this State. The systems and procedures established in the Uniform Code of Military Justice for the governing of military forces, so far as applicable and not in conflict with a statute or regulation prescribed in this code, is considered in full force and regarded as a part of this chapter.
HISTORY: 1984 Act No. 378, Section 90; 2011 Act No. 46, Section 25, eff June 7, 2011.
Effect of Amendment
The 2011 amendment inserted the second sentence and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-4010. Short title.

This article may be cited as the "South Carolina Servicemembers Civil Relief Act".
HISTORY: 2019 Act No. 23 (H.3180), Section 1, eff April 26, 2019.
Editor's Note
2019 Act No. 23, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-4020. Purpose and application of article.

This article is intended to expand and supplement the rights, benefits, and protections of the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq. Nothing in this article may be construed as a restriction or limitation on the rights, benefits, and protections granted to a servicemember pursuant to federal law. A violation of the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq., constitutes a violation of this article. The provisions of this article related to contractual agreements or obligations shall apply to any applicable contract entered into, extended, or amended on or after July 1, 2019.
HISTORY: 2019 Act No. 23 (H.3180), Section 1, eff April 26, 2019.
Editor's Note
2019 Act No. 23, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-4030. Definitions.

For purposes of this article:
(1) "Dependent", with respect to a servicemember, has the meaning set forth in 50 U.S.C. Section 3911(4).
(2) "Military service" means any of the following:
(a) the meaning set forth in 50 U.S.C. Section 3911(2);
(b) in the case of a servicemember who is a member or reserve member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, full-time duty in the active military service of the United States, including:
(i) full-time training duty;
(ii) annual training duty; and
(iii) attendance while at a school designated as a service school by federal law or by the secretary of the military department concerned;
(c) in the case of a member of the South Carolina National Guard, service under a call to active:
(i) service authorized by the President of the United States or the Secretary of Defense for a period of more than thirty days in response to a national emergency declared by the President of the United States; or
(ii) duty authorized pursuant to Article 15 for a period of more than thirty consecutive days;
(d) in the case of a member of the National Guard of another state, service under an order of the governor of that state, which is similar to South Carolina state active duty, for a period of more than thirty consecutive days;
(e) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; or
(f) any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.
(3) "Period of military service" means the period beginning on the date on which a servicemember enters military service and ending on the date on which the servicemember is released from military service or dies while in military service.
(4) "Servicemember" means an individual engaged in military service or a member of the uniformed services, as that term is defined in 50 U.S.C. Section 3911(1).
HISTORY: 2019 Act No. 23 (H.3180), Section 1, eff April 26, 2019.
Editor's Note
2019 Act No. 23, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-4040. Rights, benefits, and protections apply to servicemembers engaged in military service; exceptions; violations.

The rights, benefits, and protections of the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq., apply to a servicemember engaged in military service. However, in the case of a servicemember engaged in military service pursuant to Section 25-1-4030(2)(c)(ii) or (d), a person is not subject to the remedies or penalties of this article unless the servicemember gives to the person a written or electronic copy of the order to military service. A violation of the federal Servicemembers Civil Relief Act, as expanded by this section, is a violation of this article.
HISTORY: 2019 Act No. 23 (H.3180), Section 1, eff April 26, 2019.
Editor's Note
2019 Act No. 23, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 1 - Military Code › Section 25-1-4050. Rights and protections provided to dependents of servicemembers.

A dependent of a servicemember engaged in military service has the same rights and protections provided to a servicemember pursuant to Section 25-1-4060 and Subchapter II, Chapter 50, Title 50 of the U.S.C.
HISTORY: 2019 Act No. 23 (H.3180), Section 1, eff April 26, 2019.
Editor's Note
2019 Act No. 23, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."