reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.28 | Conformity of Military Laws With Federal Laws and Regulations.

Effective:
September 18, 1997
Latest Legislation:
Senate Bill 130 - 122nd General Assembly
(A) Except as provided in division (B) of this section, the military laws of this state shall conform to all laws of and regulations promulgated by the United States affecting the same subject and anything to the contrary is void if the subject matter has been acted on by the army, air force, or national guard bureau.
(B) All matters relating to the organization, discipline, and government of the state defense forces, not otherwise provided by the laws of this state or the rules promulgated under those laws, shall be decided by the custom, regulations, and usage of the armed forces of the United States.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.29 | Inventory of Unexpendable State Military Property - Additions or Deductions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The adjutant general shall cause an inventory to be made of all unexpendable military property of each organization of the organized militia which is purchased from state funds or otherwise belongs to the state, and a separate inventory of the property received from the federal government. Said inventories shall be kept on file in the office of the adjutant general and shall be open to public inspection during regular office hours. Additions to or deductions from said inventories shall be made so that each inventory sets forth at all times a correct list of all property owned by or in possession of each organization of the organized militia. Whenever deductions are made from such inventories, the time and manner of disposition of the property shall be entered.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.30 | Action Against Officer Unable to Account Properly for Money or Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever it is ascertained by the adjutant general or the auditor of state that any officer of the organized militia is unable to properly account for the property or moneys in his possession he shall give immediate notice thereof to the attorney general for action against such officer and his bondsmen, and the attorney general shall bring such action.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.31 | Persuading Member of Militia to Disregard Duty Prohibited.

Effective:
October 24, 1961
Latest Legislation:
House Bill 596 - 104th General Assembly
No person shall advise or endeavor to persuade an officer or soldier of the organized militia not to appear at the place of assembly when such officer or soldier has been lawfully required to do so in conformity with the laws for the suppression of tumults, riots, and mobs, or shall advise or endeavor to persuade such officer or soldier to refuse obedience to an order issued in such case.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.32 | Disposing of Military Property Belonging to State Prohibited.

Effective:
October 24, 1961
Latest Legislation:
House Bill 596 - 104th General Assembly
No person shall sell, dispose of, conceal, detain, or refuse to give up arms or property belonging to this state, or money or other property belonging to an organization or unit organized according to law.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.33 | Uniforms and Insignia Worn Unlawfully.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall wear any uniform or any device, strap, knot, or insignia of any design or character used as a designation of rank, grade, or office, such as by law or by general regulation promulgated or prescribed for the use of the organized militia of Ohio.
This section does not apply to a member of the army or navy of the United States, the organized militia of Ohio or any other state, members of associations composed of soldiers honorably discharged from the service of the United States or any members of the order of sons of veterans, and the faculty and students of educational institutions where military science is prescribed as a part of the course of instruction.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.34 | Government and Discipline.

Effective:
October 24, 1961
Latest Legislation:
House Bill 596 - 104th General Assembly
The organized militia shall be governed and disciplined by the military laws of the state, the orders of the commander in chief, acts of congress of the United States pertaining to the organized militia enacted pursuant to the constitution of the United States, and the Ohio code of military justice. Such government and discipline shall conform to the system of discipline and administration prescribed for the armed forces of the United States insofar as the same are compatible with the laws of this state.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.36 | Limitation of Actions.

Effective:
September 1, 1967
Latest Legislation:
House Bill 734 - 107th General Assembly
Any civil proceedings brought against any member of the organized militia alleging an act of willful or wanton misconduct, which alleged act was performed when the member was under duty status pursuant to state authority at a time of public danger, shall be commenced within two years of the performance of such alleged act or be forever barred.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.37 | No Liability for Negligence While on State Active Duty.

Effective:
January 24, 2020
Latest Legislation:
Senate Bill 52 - 133rd General Assembly
(A) No member of the organized militia ordered to state active duty shall be liable in negligence for any act performed within the scope of the member's duties. Any action alleging that such a militia member's conduct was outside the scope of the member's employment, was malicious, was in bad faith, or was wanton or reckless shall first be filed against the state in the court of claims under section 2743.02 of the Revised Code.
(B) Any member of the organized militia rendering medical, nursing, or dental care, or assisting in rendering such care, after being ordered to state active duty shall be deemed an officer or employee of the state under section 109.36 of the Revised Code.
(C) Any member of the organized militia ordered to state active duty under section 5923.22 of the Revised Code or ordered to duty under section 5919.29 of the Revised Code who is qualified to perform on federal active duty under Title 10, United States Code, in a particular profession, discipline, or skill as a health care provider shall be exempt from the statutes, regulations, and licensing requirements otherwise in force under the laws of this state, with respect to the member's profession, specialty, or skill at such times as the member is serving in any military status, duly authorized under the laws of this state or of the United States, or both, and is performing the member's profession, specialty, or skill under regulations prescribed by the executive authority of the United States or of this state, and is functioning within the scope of the member's employment.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5923 | Organized Militia › Section 5923.99 | Penalty.

Effective:
September 29, 1994
Latest Legislation:
Senate Bill 172 - 120th General Assembly
(A) Whoever violates section 5923.31 of the Revised Code shall be fined not more than one thousand dollars or imprisoned not more than six months, or both.
(B) Whoever violates section 5923.32 of the Revised Code shall be fined not more than five hundred dollars or imprisoned not more than three months, or both.
(C) Whoever violates section 5923.33 of the Revised Code shall be fined not less than ten nor more than one hundred dollars.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.02 | Persons Subject to Code.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
The following persons who are not in federal service are subject to this code:
(A) Members of the organized militia, including Ohio national guard dual-status technicians during their normal duty hours;
(B) Persons who have been placed on the state retired list pursuant to section 5913.07 or 5919.13 of the Revised Code;
(C) All other persons lawfully ordered to duty in the organized militia, from the dates they are required by the terms of the order or other directive to obey the order or directive, including any time during which they are going to or returning from duty in the organized militia.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.03 | Jurisdiction to Court-Martial Discharged Personnel.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Each person discharged from the organized militia who is later charged with having fraudulently obtained the discharge is, subject to section 5924.43 of the Revised Code, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in the custody of the military for that trial. Upon conviction of that charge the person is subject to trial by court-martial for all offenses under this code committed before the fraudulent charge.
(B) No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.05 | Territorial Applicability.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
(A) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
(B) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.06 | State Judge Advocate; Subordinate Judge Advocates and Legal Officers.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) The adjutant general shall appoint an officer of the Ohio national guard as state judge advocate. The officer shall be a member in good standing of the bar of this state and be eligible to be recognized as a colonel under regulations prescribed by the national guard bureau.
(B) The adjutant general shall appoint judge advocates and legal officers on the recommendation of the state judge advocate. Judge advocates and legal officers shall be officers of the organized militia and members in good standing of the bar of this state.
(C) The state judge advocate or subordinate judge advocates shall make frequent inspections in the field in supervision of the administration of military justice.
(D) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice. A staff judge advocate or legal officer of a command is entitled to communicate directly with any staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.
(E) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.07 | Apprehension.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Apprehension is the taking of a person into custody.
(B) Any person authorized by this code, or by regulations issued pursuant to this code, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(C) Commissioned officers, warrant officers, and noncommissioned officers may take reasonable action to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
(D) A person subject to this code may be apprehended in the person's home, with the assistance of a local law enforcement agency, only upon probable cause to believe that the person is legally subject to apprehension and that the person is or will be present to be apprehended.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.08 | Authority to Apprehend Deserters.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
A peace officer having authority to apprehend offenders under the laws of the United States, or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the organized militia and deliver the deserter into the custody of the organized militia.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.09 | Arrest or Confinement.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Arrest is the restraint of a person by an oral or written order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person that is imposed by order of competent authority and deprives the person of freedom pending disposition of criminal charges.
(B) An enlisted member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the commanding officer's command or enlisted members subject to the commanding officer's authority into arrest or confinement.
(C) A commissioned officer or a warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
(D) No person may be ordered apprehended or into arrest or confinement except for probable cause.
(E) Nothing in this section shall be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.10 | Confinement.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed into confinement. When any person subject to this code is placed into arrest or confinement prior to trial, the person shall be informed within seventy-two hours of the specific wrong of which the person is accused and of the person's rights under this code.
(B) Confinement, whether before, during, or after trial by a military court, shall be, to the maximum extent practicable, in civil jails or like facilities. An order that an accused person be placed in pretrial confinement shall be reviewed by a military judge within seven days and if confirmed may be reviewed after that confirmation only on motion.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.103 | Captured or Abandoned Property.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) All persons subject to this code shall secure all property taken from the enemy for the service of the United States and this state and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
(B) Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(1) Fails to carry out the duties prescribed in division (A) of this section;
(2) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to self or another directly or indirectly connected with self;
(3) Engages in looting or pillaging.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.107 | False Official Statements.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
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, shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.108 | Military Property; Loss, Damage, Destruction, or Wrongful Disposition.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who, without proper authority, does any of the following with regard to any military property of the United States or of this state shall be punished as a court-martial may direct:
(A) Sells or otherwise disposes of the property;
(B) Willfully or through neglect damages, destroys, or loses the property;
(C) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of the property.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.109 | Waste or Destruction of Nonmilitary Property.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.11 | Prisoners.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) No sheriff, keeper, or officer of a detention facility may refuse to receive or keep any prisoner committed to the sheriff's, keeper's, or officer's charge when the committing person furnishes a statement, signed by the committing person, of the offense charged against the prisoner.
(B) A sheriff, keeper, or officer of a detention facility to whose charge a prisoner is committed shall within twenty-four hours after that commitment report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.111 | Impaired or Reckless Operation of Vehicles, Aircraft or Vessels.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Subject to division (B) of this section, any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(1) Operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner;
(2) Operates or physically controls any vehicle, aircraft, or vessel while under the influence of alcohol, a drug of abuse, or a combination of them;
(3) Operates or physically controls any vehicle, aircraft, or vessel while having in the person's whole blood, blood serum or plasma, breath, or urine the minimum concentrations of alcohol set forth in divisions (A)(1)(b) to (A)(1)(i) of section 4511.19 of the Revised Code;
(4) Operates or physically controls any vehicle, aircraft, or vessel while having in the person's whole blood, blood serum or plasma, or urine the concentrations of controlled substances or metabolites of a controlled substance set forth in division (A)(1)(j) of section 4511.19 of the Revised Code.
(B) If a military installation is located partially in this state and partially in one or more other states, the adjutant general may select the alcohol and controlled substance levels set forth in the impaired operating laws of one of the other states to apply on the installation in place of the levels set forth in division (A) of this section.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.112 | Drunk on Duty.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Any person subject to this code, other than a sentinel or lookout, who is found drunk on duty shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.113 | Misbehavior of Sentinel.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any sentinel or lookout who is found drunk or sleeping on the sentinel's or lookout's post, or leaves it before the sentinel or lookout is regularly relieved, shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.115 | Malingering.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
Any person subject to this code who for the purpose of avoiding work, duty, or service in the organized militia does either of the following shall be punished as a court-martial may direct:
(A) Feigns physical or mental illness, physical disablement, or mental lapse;
(B) Intentionally inflicts self-injury.
Last updated March 10, 2023 at 1:13 PM
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.116 | Riot - Breach of Peace.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.117 | Provoking Speeches or Gestures.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.1121 | Wrongful Use, Possession, etc., of Controlled Substances.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) As used in this section, "prohibited substance" means any of the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, or marihuana or any compound or derivative of any of those substances;
(2) Any substance not specified in division (A)(1) of this section that the adjutant general lists on a schedule of controlled substances or that is listed on a schedule established under section 202 of the Federal Controlled Substances Act, 21 U.S.C. 812, 84 Stat. 1247, as amended.
(B) A person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of the organized militia a prohibited substance shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.121 | Larceny - Wrongful Appropriation.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
(A) 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; or
(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 other person other than the owner, is guilty of wrongful appropriation.
(B) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.123 | Forgery.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Any person subject to this code who, with intent to defraud:
(A) Falsely makes or alters any signature to, or 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; or
(B) Utters, offers, issues, or transfers such a writing, known by him to be so made or altered; is guilty of forgery and shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.127 | Extortion.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Any person subject to this code who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.128 | Assault.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) 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 shall be punished as a court-martial may direct.
(B) Any person subject to this code who does either of the following is guilty of aggravated assault and shall be punished as a court-martial may direct:
(1) Commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm;
(2) Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.13 | Arrest and Confinement.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
No person, while being held for or after trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person. The arrest or confinement imposed upon the person shall not be any more rigorous than the circumstances require to insure the person's presence. The person may be subjected to minor punishment during that period for infractions of discipline.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.131 | Perjury.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who, in a judicial proceeding or in a course of justice conducted under this code, willfully and corruptly does either of the following is guilty of perjury and shall be punished as a court-martial may direct:
(A) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry;
(B) In any declaration, certification, verification, or statement made under penalty of perjury subscribes any false statement material to the issue or matter of inquiry.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.132 | Frauds Against Government.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(A) Knowing a claim to be false or fraudulent does either of the following:
(1) Makes any claim against the United States, the state, or any officer of the United States or the state;
(2) Presents to any person in the civil or military service of the United States or the state, for approval or payment, any claim against the United States, the state, or any officer of the United States or the state;
(B) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer of the United States or the state does any of the following:
(1) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(2) Makes any oath to any fact or to any writing or other paper knowing the oath to be false;
(3) Forges or counterfeits any signature upon any writing or other paper or uses any forged or counterfeit signature knowing it to be forged or counterfeited;
(C) Having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person making the delivery receives a certificate or receipt;
(D) Being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.133 | Conduct Unbecoming an Officer and a Lady or Gentleman.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any commissioned officer who is convicted of conduct unbecoming an officer and a lady or gentleman shall be punished as a court-martial may direct.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.134 | General Article.

Effective:
September 10, 1963
Latest Legislation:
House Bill 143 - 105th General Assembly
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, all conduct of a nature to bring discredit upon the organized militia, and crimes and offenses not capital, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.135 | Courts of Inquiry.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
(A) Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry.
(B) 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.
(C) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the division of military and naval affairs, who has a direct interest in the subject of inquiry, has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(D) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(E) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(F) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(G) 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.
(H) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.136 | Authority to Administer Oaths and Act as Notary.

Effective:
September 17, 2010
Latest Legislation:
House Bill 449 - 128th General Assembly
(A) The following persons of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before those persons who shall have the general powers of a notary public:
(1) The state judge advocate and all assistant state judge advocates;
(2) All law specialists;
(3) All summary courts-martial;
(4) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(5) All commanding officers of the naval militia;
(6) All legal officers;
(7) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial;
(8) The president and counsel for the court of any court of inquiry;
(9) All officers designated to take a deposition;
(10) All persons detailed to conduct an investigation; and
(11) All other persons designated by regulations of the adjutant general.
(B) Officers on the state retired list shall not be authorized to administer oaths as provided in this section unless they are on active duty in or with the organized militia under orders of the governor as prescribed in this code.
(C) The signature without seal of any such person, together with the title of the person's office, is prima-facie evidence of the person's authority.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.137 | Articles to Be Explained.

Effective:
September 10, 1963
Latest Legislation:
House Bill 143 - 105th General Assembly
Sections 5924.02, 5924.03, 5924.07 to 5924.15, inclusive, 5924.25, 5924.27, 5924.31, 5924.37, 5924.38, 5924.55, 5924.77 to 5924.134, inclusive, and 5924.137 to 5924.139, inclusive, of the Revised Code, and of this code shall be carefully explained to every enlisted member at the time of his enlistment or transfer or induction into, or at the time of his order to duty in or with any of the forces of the organized militia, or within thirty days thereafter. They shall also be explained annually to each unit of the organized militia. A complete text of this code and of the regulations prescribed by the governor thereunder shall be made available to any member of the organized militia, upon his request, for his personal examination.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.138 | Complaints of Wrongs.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Any member of the organized militia who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the governor or adjutant general.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.139 | Redress of Injuries to Property.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
(A) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the organized militia, he may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, 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 shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in division (C) of this section, on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.
(B) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military fund of the unit or units of the organized militia to which such offenders belong.
(C) Any person subject to this code who is accused of causing willful 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. He has the right of appeal to the next higher commander.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.14 | Delivery to Civil Authority for Trial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Under such regulations as may be prescribed under this code, a person on state active duty or duty under Title 32 of the United States Code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(B) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offender's offense shall, upon the request of competent military authority, be returned to military custody for the completion of the offender's sentence.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.140 | Execution of Process and Sentence.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state. Where no provision is made for executing those processes and sentences, the process or sentence shall be executed by a United States marshal or deputy marshal, who shall make a return to the military officer issuing the process or the court imposing the sentence, pursuant to Title 32, Section 333, USCA.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.141 | Processes and Mandates.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
(A) Military courts may issue all processes and mandates necessary to carry into effect the powers vested in those courts. Such courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when the courts are sitting within the state and the witnesses, books, and records sought are also so located.
(B) Such processes and mandates may be issued by summary courts-martial, provost courts, or the president of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
(C) All officers to whom such processes or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate, or for any service in connection therewith.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.142 | Payment and Disposition of Fines.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Fines may be paid to a military court or to an officer executing its process. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial. Notwithstanding any other law, a fine or penalty imposed by a military court upon an officer or enlisted man shall be paid by the officer collecting it within thirty days to the treasury of the organization, unit or detachment to which the officer or enlisted man who paid the fine belonged, to be accounted for in the same manner as other appropriated funds.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.143 | Immunity.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.144 | Presumption of Jurisdiction.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.146 | Duty Status Requisite to Trial or Punishment.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
No person may be tried or punished for any offense provided for in sections 5924.77 to 5924.134 of the Revised Code and of this code, unless it was committed while the person was in a military or national guard technician duty status.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.16 | Courts-Martial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) In the organized militia, there are general, special, and summary courts-martial. General and special courts-martial are courts of record with original jurisdiction.
(B) A general court-martial consists of one of the following:
(1) A military judge and not fewer than five members;
(2) Only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves.
(C) A special court-martial consists of one of the following:
(1) Three or more members;
(2) A military judge and not fewer than three members;
(3) Only a military judge if one has been detailed to the court and before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves.
(D) A summary court-martial consists of one commissioned officer in the grade of captain or above.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.17 | Jurisdiction of Courts-Martial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
The Ohio national guard has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by the Ohio national guard over personnel of another element of the organized militia shall be in accordance with regulations prescribed by the adjutant general.