reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 58 - Sentences › Section 5807 - Reduction in enlisted grade

§ 5807. Reduction in enlisted grade.
(a) General rule.--
An enlisted member in a pay grade above E-1 receiving a sentence by a court-martial that includes a dishonorable or bad-conduct discharge or confinement shall receive a reduction in pay grade to E-1 effective on the date the sentence is approved.
(b) Sentence no longer effective.--
If an enlisted member receives a reduction in pay grade under subsection (a) and the sentence which led to a reduction in pay grade is later set aside, disapproved or, as finally approved, does not include a dishonorable or bad-conduct discharge or confinement, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay grade and allowances.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 58 - Sentences › Section 5808 - Forfeiture of pay and allowances during confinement

§ 5808. Forfeiture of pay and allowances during confinement.
(a) General rule.--
An enlisted member receiving a court-martial sentence of confinement for more than six months, or confinement of six months or less and a dishonorable or bad-﻿conduct discharge or dismissal, shall forfeit the pay and allowances due him during any period of confinement or parole as provided in this subsection. The forfeiture shall take effect on the date the sentence was approved. The pay and allowances forfeited in the case of a general court-martial shall be all pay and allowances due the enlisted member during such period and in the case of a special court-martial shall be two-thirds of all pay due the enlisted member during such period.
(b) Exception.--
The convening authority or other person acting under section 5903 (relating to action on general court-martial records) may waive any or all requirements under subsection (a) for a period not to exceed six months if the accused has dependents. Any amount of pay or allowances that would be forfeited under subsection (a) shall be paid to the dependents of the accused.
(c) Sentence no longer effective.--
If an enlisted member is forced to forfeit pay and allowances under subsection (a) and the sentence which led to the forfeiture is later set aside, disapproved or, as finally approved, does not include confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay and allowances which he would have been paid for the period during which the forfeiture was in effect.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5901 - Error of law; lesser included offense

§ 5901. Error of law; lesser included offense.
(a) Error of law.--
A finding or sentence of a court-martial shall not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) Approval of lesser offense.--
Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5903 - Action on general court-martial records

§ 5903. Action on general court-martial records.
The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer who shall submit his written opinion thereon to the convening authority. If there is no qualified staff judge advocate or legal officer available, the State Judge Advocate shall assign a judge advocate officer for such purpose. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
Cross References.
Section 5903 is referred to in sections 5808, 5908 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5904 - Reconsideration and revision

§ 5904. Reconsideration and revision.
(a) General rule.--
The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.
(b) Revision not authorized.--
In no case may a proceeding in revision:
(1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or
(3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5905 - Rehearings

§ 5905. Rehearings.
(a) General rule.--
The convening authority or other authorized party may order a rehearing. A rehearing may be ordered if the convening authority or other authorized party disapproves the findings and sentence and states the reasons for disapproval of the findings. If such party disapproves the findings and sentence but does not order a rehearing, that party shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other authorized party disapproves the sentence.
(b) Procedural requirements.--
Each rehearing shall take place before a court-martial composed of members 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 was found not guilty by the first court-martial. No sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5906 - Approval by convening authority

§ 5906. Approval by convening authority.
In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence as the convening authority finds correct in law and fact and as he in his discretion determines should be approved. Unless the convening authority indicates otherwise, approval of the sentence shall constitute approval of the findings and sentence.
Cross References.
Section 5906 is referred to in sections 5912, 5918 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5907 - Disposition of records after review by convening authority

§ 5907. Disposition of records after review by convening authority.
(a) General rule.--
Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by this section and regulations promulgated by the department.
(b) Final action by Governor.--
When the Governor has taken final action in a court-martial case in which he is the convening authority, there shall be no further review.
(c) Final action by other authority.--
When a convening authority other than the Governor has taken final action in a general court-martial case, the convening authority shall forward the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the State Judge Advocate.
(d) Bad-conduct discharge.--
Where the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the officer exercising general court-martial jurisdiction over the command to be reviewed in the same manner as a record of trial by a general court-martial. If the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the State Judge Advocate.
(e) Review and disposition of other records.--
All other special and summary court-martial records shall be reviewed by a judge advocate of the Pennsylvania National Guard and shall be transmitted and disposed of as the department may prescribe by regulations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5909 - Review by a board of review

§ 5909. Review by a board of review.
(a) Composition of boards of review.--
The State Judge Advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the bar of the Supreme Court, and one of whom shall be a judge advocate of the Pennsylvania National Guard.
(b) Affirming findings and sentence.--
In a case referred to it, the board of review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty and a sentence, or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it shall have authority to weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
(c) Setting aside findings and sentence.--
If the board of review sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(d) Action by convening authority.--
The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the board of review. If the board of review has ordered a rehearing but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.
(e) Uniform rules of procedure.--
In the event one or more boards of review are constituted in accordance with this section, the State Judge Advocate shall prescribe uniform rules of procedure for proceedings in and before such board or boards of review.
(f) Waiver of review.--
The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by a board of review. Such a withdrawal shall be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by a board of review at any time in accordance with appellate procedures as provided by law.
Cross References.
Section 5909 is referred to in section 5806 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5910 - Review by Superior Court

§ 5910. Review by Superior Court.
(a) General rule.--
Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court, after approval by the convening authority, in the same manner and subject to the same process as a criminal conviction by the courts of common pleas. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.
(b) Waiver of review.--
The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by the Superior Court. Such a withdrawal shall be signed by both the accused and his defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by the Superior Court at any time in accordance with appellate procedures as provided by law.
Cross References.
Section 5910 is referred to in section 5912 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5911 - Appellate counsel

§ 5911. Appellate counsel.
(a) Counsel for the Commonwealth.--
The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal of cases by a board of review or before the Superior Court or before any other court when requested to do so by the Attorney General. Counsel must be a member in good standing of the bar of the Supreme Court.
(b) Counsel for the accused.--
In all posttrial reviews and appeals, whether initiated by the accused or the Commonwealth, the accused has the right to be represented by appellate military counsel before any reviewing authority and before any appellate court. Upon the request of an accused, the State Judge Advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases. An accused may be represented by civilian appellate counsel at no expense to the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5912 - Execution of sentence; suspension of sentence

§ 5912. Execution of sentence; suspension of sentence.
(a) Appellate review not waived and appeal not withdrawn.--
If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by the Superior Court under section 5910 (relating to review by Superior Court) and is deemed final by the law of state where the judgment was had.
(b) Appellate review waived or appeal withdrawn.--
If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is waived or an appeal is withdrawn, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the State Judge Advocate and any action on that review is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other authorized party when approved under section 5906 (relating to approval by convening authority).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5913 - Vacation of suspension

§ 5913. Vacation of suspension.
(a) Bad-conduct discharges and general court-martial sentences.--
Prior to 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 an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b) Action by court-martial.--
The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed subject to applicable restrictions in this part.
(c) Other sentences.--
The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5914 - Petition for new trial

§ 5914. Petition for new trial.
At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.
Cross References.
Section 5914 is referred to in section 5917 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5915 - Remission and suspension

§ 5915. Remission and suspension.
(a) General rule.--
Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor.
(b) Substitution of administrative discharge by Governor.--
The Governor may, for good cause, substitute an administrative form of discharge, as authorized by applicable military regulations, for a discharge or dismissal executed in accordance with the sentence of a court-martial.
Cross References.
Section 5915 is referred to in section 5917 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5916 - Restoration

§ 5916. Restoration.
(a) General rule.--
Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion 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 portion is included in a sentence imposed upon the new trial or rehearing.
(b) Substitution of administrative discharge for invalid discharge.--
If a previously executed sentence of dishonorable or bad-conduct discharge is not sustained on a new trial, the Governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5917 - Finality of proceedings, findings and sentences

§ 5917. Finality of proceedings, findings and sentences.
The appellate review of records of trial, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in section 5914 (relating to petition for new trial) and to action under section 5915 (relating to remission and suspension).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5918 - Leave pending review of conviction

§ 5918. Leave pending review of conviction.
Under regulations prescribed by the Governor or the department, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence, as approved under section 5902 (relating to action by convening authority) or 5906 (relating to approval by convening authority) includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under section 5906 or at any time after such date, and such leave may be continued until the date on which action under this chapter is completed or may be terminated at any earlier time.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 59 - Posttrial Procedure and Review of Courts-martial › Section 5919 - Appeal by the Commonwealth

§ 5919. Appeal by the Commonwealth.
(a) General rule.--
In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following:
(1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
(2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
(3) An order or ruling which directs the disclosure of classified information.
(4) An order or ruling which imposes sanctions for nondisclosure of classified information.
(5) A refusal of the military judge to issue a protective order sought by the Commonwealth to prevent the disclosure of classified information.
(6) A refusal by the military judge to enforce a protective order sought by the Commonwealth to prevent the disclosure of classified information which has previously been issued by appropriate authority.
(b) Exceptions.--
Notwithstanding subsection (a), the Commonwealth may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration.
(c) Written notice required.--
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 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.
(d) Diligent prosecution required.--
An appeal under this section shall be diligently prosecuted. 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.
(e) Action by Superior Court.--
An appeal under this section shall be forwarded to the Superior Court. In ruling on an appeal under this section, the court may act only with respect to matters of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Extra - Chapter Notes

Enactment.
Chapter 60 was added October 24, 2012, P.L.1506, No.192, effective in one year.
Cross References.
Chapter 60 is referred to in sections 5102, 5802 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6001 - Principals

§ 6001. Principals.
Any person subject to this part who:
(1) commits an offense punishable by this part or aids, abets, counsels, commands or procures its commission; or
(2) causes an act to be done which if directly performed by him would be punishable by this part;
is a principal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6002 - Accessory after the fact

§ 6002. Accessory after the fact.
Any person subject to this part who, knowing that an offense punishable by this part has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6004 - Attempts

§ 6004. Attempts.
(a) Attempt defined.--
An act done with specific intent to commit an offense under this part amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.
(b) Punishment.--
Any person subject to this part who attempts to commit any offense punishable by this part shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Effect of consummation of offense.--
Any person subject to this part may be convicted of an attempt to commit an offense although it appears at the trial that the offense was consummated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6005 - Conspiracy

§ 6005. Conspiracy.
Any person subject to this part who conspires with any other person to commit an offense under this part shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6006 - Solicitation

§ 6006. Solicitation.
(a) Desertion and mutiny.--
Any person subject to this part who solicits or advises another or others to desert in violation of section 6009 (relating to desertion) or mutiny in violation of section 6018 (relating to mutiny or sedition) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
(b) Misbehavior before enemy and sedition.--
Any person subject to this part who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 6023 (relating to misbehavior before enemy) or sedition in violation of section 6018 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6007 - Fraudulent enlistment, appointment or separation

§ 6007. Fraudulent enlistment, appointment or separation.
Any person who:
(1) procures his own enlistment or appointment in the State military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the State military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;
shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6008 - Unlawful enlistment, appointment or separation

§ 6008. Unlawful enlistment, appointment or separation.
Any person subject to this part who effects an enlistment or appointment in or a separation from the State military forces of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6009 - Desertion

§ 6009. Desertion.
(a) Offense defined.--
Any member of the State military forces who:
(1) without authority goes or remains absent from his unit, organization or place of duty with intent to remain away from there permanently;
(2) quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the State military forces, enlists or accepts an appointment in the same or another one of the State military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated or enters any foreign armed service, except when authorized by the United States;
is guilty of desertion.
(b) Commissioned officer tendering resignation.--
Any commissioned officer of the State military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away from there permanently is guilty of desertion.
(c) Punishment.--
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 five years or such other punishment as a court-martial may direct. If the desertion or attempt to desert occurs at any other time, the person shall be punished as a court-martial may direct.
Cross References.
Section 6009 is referred to in section 6006 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6011 - Missing movement

§ 6011. Missing movement.
Any person subject to this part who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6012 - Contempt toward officials

§ 6012. Contempt toward officials.
Any commissioned officer who uses contemptuous words against the President of the United States, Vice President of the United States, Congress, Secretary of Defense, secretary of a military department, Secretary of Homeland Security, Governor of the Commonwealth of Pennsylvania, Adjutant General of the Commonwealth of Pennsylvania or General Assembly of the Commonwealth of Pennsylvania shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6014 - Assaulting or willfully disobeying superior commissioned officer

§ 6014. Assaulting or willfully disobeying superior commissioned officer.
Any person subject to this part who:
(1) strikes, draws or lifts up any weapon or offers any violence against his superior commissioned officer while he is in the execution of his office; or
(2) willfully disobeys a lawful command of his superior commissioned officer;
shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the offense is committed at any other time, the person shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6015 - Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer

§ 6015. Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.
Any warrant officer or enlisted member who:
(1) strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6016 - Failure to obey order or regulation

§ 6016. Failure to obey order or regulation.
Any person subject to this part 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 duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6017 - Cruelty and maltreatment

§ 6017. Cruelty and maltreatment.
Any person subject to this part who is guilty of cruelty toward or oppression or maltreatment of any person subject to his orders shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6018 - Mutiny or sedition

§ 6018. Mutiny or sedition.
(a) Offense defined.--
Any person subject to this part 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 duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition; or
(3) fails to do 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.
(b) Punishment.--
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.
Cross References.
Section 6018 is referred to in section 6006 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6019 - Resistance, flight, breach of arrest and escape

§ 6019. Resistance, flight, breach of arrest and escape.
Any person subject to this part who resists apprehension, flees from apprehension, breaks arrest or escapes from custody or confinement shall be punished as a court-marital may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6020 - Releasing prisoner without proper authority

§ 6020. Releasing prisoner without proper authority.
Any person subject to this part who, without proper authority, releases any prisoner committed to his charge or who, through neglect or design, suffers any such prisoner to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6021 - Unlawful detention of another

§ 6021. Unlawful detention of another.
Any person subject to this part who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6022 - Noncompliance with procedural rules

§ 6022. Noncompliance with procedural rules.
Any person subject to this part who:
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this part; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this part regulating the proceedings before, during or after trial of an accused;
shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6023 - Misbehavior before enemy

§ 6023. Misbehavior before enemy.
Any person subject to this part 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 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 arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his 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 utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty so to encounter, engage, capture or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the armed forces belonging to the United States or their allies, to the Commonwealth or to any other state, when engaged in battle;
shall be punished as a court-martial may direct.
Cross References.
Section 6023 is referred to in section 6006 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6024 - Subordinate compelling surrender

§ 6024. Subordinate compelling surrender.
Any person subject to this part who compels or attempts to compel a commander of any place, vessel, aircraft or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it or who strikes the colors or flag to an enemy without proper authority shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6025 - Improper use of countersign

§ 6025. Improper use of countersign.
Any person subject to this part who, in time of war or national emergency, discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6027 - Captured or abandoned property

§ 6027. Captured or abandoned property.
(a) Duty to secure property.--
All persons subject to this part shall secure all public property taken for the service of the United States or the Commonwealth 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) Offense.--
Any person subject to this part who:
(1) fails to carry out the duties prescribed in subsection (a);
(2) buys, sells, trades or in any way deals in or disposes of taken, captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or
(3) engages in looting or pillaging;
shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6028 - Aiding the enemy

§ 6028. Aiding the enemy.
Any person subject to this part 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6029 - Misconduct of prisoner

§ 6029. Misconduct of prisoner.
Any person subject to this part who, while in the hands of the enemy in time of war:
(1) for the purpose of securing favorable treatment by his captors, acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) while in a position of authority over such persons maltreats them without justifiable cause;
shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6030 - False official statements

§ 6030. False official statements.
Any person subject to this part who, with intent to deceive, signs any false record, return, regulation, order or other official document made in the line of duty knowing the same to be false or makes any other false official statement made in the line of duty knowing the same to be false shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6031 - Loss, damage, destruction or wrongful disposition of military property

§ 6031. Loss, damage, destruction or wrongful disposition of military property.
Any person subject to this part who, without proper authority:
(1) sells or otherwise disposes of;
(2) willfully or through neglect damages, destroys or loses; or
(3) willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of;
any military property of the United States or of the Commonwealth or any other state shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6032 - Waste, spoilage or destruction of nonmilitary property

§ 6032. Waste, spoilage or destruction of nonmilitary property.
Any person subject to this part who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property belonging to the United States, the Commonwealth or any other state shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6033 - Improper hazarding of vessel

§ 6033. Improper hazarding of vessel.
(a) Willful conduct.--
Any person subject to this part who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or the State military forces shall be punished as a court-martial may direct.
(b) Negligent conduct.--
Any person subject to this part who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or the State military forces shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6034 - Drunken or reckless driving

§ 6034. Drunken or reckless driving.
Any person subject to this part who, while in a duty status or while on a military installation, operates any vehicle while drunk or in a reckless or wanton manner shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6035 - Drunk on duty, sleeping on post and leaving post before relief

§ 6035. Drunk on duty, sleeping on post and leaving post before relief.
(a) General rule.--
Except as provided in subsection (b), any person subject to this part who is found drunk on duty, sleeping on his post or who leaves his post before being relieved shall be punished as a court-martial may direct.
(b) Sentinel or look-out.--
Any sentinel or look-out who is found drunk on duty, sleeping on his post or who leaves his post before being relieved shall be punished, if the offense is committed in time of war, by confinement of not more than five years or by other punishment as a court-martial may direct. If the offense is committed at any other time, the person shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6036 - Dueling

§ 6036. Dueling.
Any person subject to this part who fights, promotes, is concerned in or connives at fighting a duel or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6037 - Malingering

§ 6037. Malingering.
Any person subject to this part who, for the purpose of avoiding work, duty or service in the State military forces:
(1) feigns illness, physical disablement, mental lapse or derangement; or
(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6039 - Provoking speeches or gestures

§ 6039. Provoking speeches or gestures.
Any person subject to this part who uses provoking or reproachful words or gestures towards any other person subject to this part shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6040 - Perjury

§ 6040. Perjury.
Any person subject to this part who, in a judicial proceeding, in a course of justice conducted under this part or in any administrative proceeding conducted by the State military forces under military regulations, willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.