reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.492 - Execution of confinement.

RCW 38.38.492
[Art. 58] Execution of confinement.
(1) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.
(2) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(3) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under RCW 38.38.080, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.
[ 1989 c 48 § 53; 1963 c 220 § 60.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.532 - Execution of sentence—Suspension of sentence.

RCW 38.38.532
[Art. 59] Execution of sentence—Suspension of sentence.
Except as provided in RCW 38.38.196 and 38.38.556, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as he or she sees fit, and may suspend the execution of the sentence as approved by him or her.
[ 1989 c 48 § 54; 1963 c 220 § 61.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.536 - Initial action on the record.

RCW 38.38.536
[Art. 60] Initial action on the record.
After a trial by court martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the governor.
[ 1963 c 220 § 62.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.540 - Initial action on the record—General court-martial records.

RCW 38.38.540
[Art. 61] Initial action on the record—General court-martial records.
The convening authority shall refer the record of each general court-martial to the staff judge advocate, who shall submit a written opinion thereon to the convening authority. 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.
[ 1989 c 48 § 55; 1963 c 220 § 63.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.544 - Reconsideration and revision.

RCW 38.38.544
[Art. 62] Reconsideration and revision.
(1) If a specification before a court martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(2) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(a) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
(b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
[ 1963 c 220 § 64.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.548 - Rehearings.

RCW 38.38.548
[Art. 63] Rehearings.
(1) If the convening authority disapproves the findings and sentence of a court martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
(2) 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 or she was found not guilty by the first court martial, and no sentence in excess of or more severe than the original sentence may be imposed, 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.
[ 2011 c 336 § 770; 1963 c 220 § 65.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.552 - Approval by the convening authority.

RCW 38.38.552
[Art. 64] Approval by the convening authority.
In acting on the findings and sentence of a court martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines should be approved. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence.
[ 2011 c 336 § 771; 1963 c 220 § 66.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.560 - Error of law—Lesser included offense.

RCW 38.38.560
[Art. 66] Error of law—Lesser included offense.
(1) A finding or sentence of a court martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(2) 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.
[ 1963 c 220 § 68.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.564 - Review counsel.

RCW 38.38.564
[Art. 67] Review counsel.
(1) Upon the final review of a sentence of a general court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.
(2) Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who is a member of the organized militia and who has the qualifications prescribed in RCW 38.38.260, if available, to represent the accused before the reviewing authority, before the staff judge advocate, and before the state judge advocate, in the review of cases specified in subsection (1) of this section.
(3) If provided by the accused, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.
[ 1991 c 43 § 8; 1989 c 48 § 57; 1963 c 220 § 69.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.568 - Vacation of suspension.

RCW 38.38.568
[Art. 68] Vacation of suspension.
(1) Before the vacation of the suspension of a special court-martial sentence, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if the probationer so desires.
(2) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (1) of this section. If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(3) 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.
[ 1989 c 48 § 58; 1963 c 220 § 70.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.572 - Petition for a new trial.

RCW 38.38.572
[Art. 69] Petition for a new trial.
At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal or dishonorable discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
[ 1989 c 48 § 59; 1963 c 220 § 71.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.576 - Remission and suspension.

RCW 38.38.576
[Art. 70] Remission and suspension.
(1) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
(2) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court martial.
[ 1963 c 220 § 72.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.580 - Restoration.

RCW 38.38.580
[Art. 71] Restoration.
(1) Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or rehearing.
(2) If a previously executed sentence of dishonorable discharge is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.
(3) If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had he or she not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
[ 2011 c 336 § 773; 1989 c 48 § 60; 1963 c 220 § 73.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.584 - Finality of proceedings, findings and sentences.

RCW 38.38.584
[Art. 72] Finality of proceedings, findings and sentences.
The proceedings, findings and sentences of courts martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts martial following review and approval, as required by this code, are final and conclusive. Orders publishing the proceedings of courts martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in RCW 38.38.572.
[ 1963 c 220 § 74.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.624 - Persons to be tried or punished.

RCW 38.38.624
[Art. 76] Persons to be tried or punished.
No person may be tried or punished for any offense provided for in RCW 38.38.628 through 38.38.800, unless he or she was a member of the organized militia at the time of the offense.
[ 2009 c 378 § 22; 1963 c 220 § 75.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.628 - Principals.

RCW 38.38.628
[Art. 77] Principals.
Any person subject to this code who:
(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or
(2) Causes an act to be done which if directly performed by him or her would be punishable by this code;
is a principal.
[ 2011 c 336 § 774; 1963 c 220 § 76.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.632 - Accessory after the fact.

RCW 38.38.632
[Art. 78] Accessory after the fact.
Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court martial may direct.
[ 2011 c 336 § 775; 1963 c 220 § 77.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.636 - Conviction of lesser included offense.

RCW 38.38.636
[Art. 79] Conviction of lesser included offense.
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
[ 1963 c 220 § 78.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.640 - Attempts.

RCW 38.38.640
[Art. 80] Attempts.
(1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.
(2) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court martial may direct, unless otherwise specifically prescribed.
(3) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
[ 1963 c 220 § 79.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.644 - Conspiracy.

RCW 38.38.644
[Art. 81] Conspiracy.
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court martial may direct.
[ 1963 c 220 § 80.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.648 - Solicitation.

RCW 38.38.648
[Art. 82] Solicitation.
(1) Any person subject to this code who solicits or advises another or others to desert in violation of RCW 38.38.660 or mutiny in violation of RCW 38.38.696 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, he or she shall be punished as a court martial may direct.
(2) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of RCW 38.38.716 or sedition in violation of RCW 38.38.696 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, he or she shall be punished as a court martial may direct.
[ 2011 c 336 § 776; 1963 c 220 § 81.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.652 - Fraudulent enlistment, appointment, or separation.

RCW 38.38.652
[Art. 83] Fraudulent enlistment, appointment, or separation.
Any person who:
(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to eligibility for that separation;
shall be punished as a court-martial may direct.
[ 1989 c 48 § 61; 1963 c 220 § 82.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.656 - Unlawful enlistment, appointment, or separation.

RCW 38.38.656
[Art. 84] Unlawful enlistment, appointment, or separation.
Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
[ 1989 c 48 § 62; 1963 c 220 § 83.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.660 - Desertion.

RCW 38.38.660
[Art. 85] Desertion.
(1) Any member of the organized militia who:
(a) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away therefrom permanently;
(b) Quits the member's unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the organized militia enlists or accepts an appointment in the same or another one of the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated;
is guilty of desertion.
(2) Any commissioned officer of the organized militia who, after tender of a resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
[ 1989 c 48 § 63; 1963 c 220 § 84.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.664 - Absence without leave.

RCW 38.38.664
[Art. 86] Absence without leave.
Any person subject to this code who, without authority:
(1) Fails to go to his or her appointed place of duty at the time prescribed;
(2) Goes from that place; or
(3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed;
shall be punished as a court martial may direct.
[ 2011 c 336 § 777; 1963 c 220 § 85.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.668 - Missing movement.

RCW 38.38.668
[Art. 87] Missing movement.
Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court martial may direct.
[ 2011 c 336 § 778; 1963 c 220 § 86.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.672 - Contempt towards officials.

RCW 38.38.672
[Art. 88] Contempt towards officials.
Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court martial may direct.
[ 1963 c 220 § 87.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.676 - Disrespect towards superior commissioned officer.

RCW 38.38.676
[Art. 89] Disrespect towards superior commissioned officer.
Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court martial may direct.
[ 2011 c 336 § 779; 1963 c 220 § 88.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.680 - Assaulting or willfully disobeying superior commissioned officer.

RCW 38.38.680
[Art. 90] Assaulting or willfully disobeying superior commissioned officer.
Any person subject to this code who:
(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or
(2) Willfully disobeys a lawful command of his or her superior commissioned officer;
shall be punished as a court martial may direct.
[ 2011 c 336 § 780; 1963 c 220 § 89.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.684 - Insubordinate conduct toward warrant officer or noncommissioned officer.

RCW 38.38.684
[Art. 91] Insubordinate conduct toward warrant officer or noncommissioned officer.
Any warrant officer or enlisted member who:
(1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer's office;
(2) Wilfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of the officer's office;
shall be punished as a court-martial may direct.
[ 1989 c 48 § 64; 1963 c 220 § 90.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.688 - Failure to obey order or regulation.

RCW 38.38.688
[Art. 92] Failure to obey order or regulation.
Any person subject to this code who:
(1) Violates or fails to obey any lawful general order or regulation;
(2) Having knowledge of any other lawful order issued by a member of the organized militia which it is the person's duty to obey, fails to obey the order; or
(3) Is derelict in the performance of the person's duties;
shall be punished as a court-martial may direct.
[ 1989 c 48 § 65; 1963 c 220 § 91.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.692 - Cruelty and maltreatment.

RCW 38.38.692
[Art. 93] Cruelty and maltreatment.
Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court martial may direct.
[ 2011 c 336 § 781; 1963 c 220 § 92.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.696 - Mutiny or sedition.

RCW 38.38.696
[Art. 94] Mutiny or sedition.
(1) Any person subject to this code who:
(a) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny;
(b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(2) 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.
[ 2011 c 336 § 782; 1963 c 220 § 93.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.700 - Resistance, breach of arrest, and escape.

RCW 38.38.700
[Art. 95] Resistance, breach of arrest, and escape.
Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court martial may direct.
[ 1963 c 220 § 94.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.704 - Releasing prisoner without proper authority.

RCW 38.38.704
[Art. 96] Releasing prisoner without proper authority.
Any person subject to this code who, without proper authority, releases any prisoner committed to his or her 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.
[ 2011 c 336 § 783; 1963 c 220 § 95.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.708 - Unlawful detention of another.

RCW 38.38.708
[Art. 97] Unlawful detention of another.
Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court martial may direct.
[ 1963 c 220 § 96.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.712 - Noncompliance with procedural rules.

RCW 38.38.712
[Art. 98] Noncompliance with procedural rules.
Any person subject to this code who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or
(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court martial may direct.
[ 1963 c 220 § 97.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.716 - Misbehavior before the enemy.

RCW 38.38.716
[Art. 99] Misbehavior before the enemy.
Any person subject to this code who before or in the presence of the enemy:
(1) Runs away;
(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the person's duty to defend;
(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) Casts away arms or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits a 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 organized militia;
(8) Wilfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is the person's duty so to encounter, engage, capture, or destroy; or
(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle;
shall be punished as a court-martial may direct.
[ 1989 c 48 § 66; 1963 c 220 § 98.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.720 - Subordinate compelling surrender.

RCW 38.38.720
[Art. 100] Subordinate compelling surrender.
Any person subject to this code who compels or attempts to compel the commander of any of the organized militia of the state, or of any other state, 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.
[ 1989 c 48 § 67; 1963 c 220 § 99.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.724 - Improper use of countersign.

RCW 38.38.724
[Art. 101] Improper use of countersign.
Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court martial may direct.
[ 2011 c 336 § 784; 1963 c 220 § 100.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.728 - Forcing a safeguard.

RCW 38.38.728
[Art. 102] Forcing a safeguard.
Any person subject to this code who forces a safeguard shall be punished as a court martial may direct.
[ 1963 c 220 § 101.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.732 - Captured or abandoned property.

RCW 38.38.732
[Art. 103] Captured or abandoned property.
(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
(2) Any person subject to this code who:
(a) Fails to carry out the duties prescribed in subsection (1) of this section;
(b) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or
(c) Engages in looting or pillaging;
shall be punished as a court martial may direct.
[ 2011 c 336 § 785; 1963 c 220 § 102.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.736 - Aiding the enemy.

RCW 38.38.736
[Art. 104] Aiding the enemy.
Any person subject to this code who:
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall be punished as a court martial may direct.
[ 1963 c 220 § 103.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.740 - Misconduct of a prisoner.

RCW 38.38.740
[Art. 105] Misconduct of a prisoner.
Any person subject to this code who, while in the hands of the enemy in time of war:
(1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) While in a position of authority over such persons maltreats them without justifiable cause;
shall be punished as a court martial may direct.
[ 2011 c 336 § 786; 1963 c 220 § 104.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.744 - False official statements.

RCW 38.38.744
[Art. 107] False official statements.
Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court martial may direct.
[ 1963 c 220 § 105.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.748 - Military property—Loss, damage, destruction, or wrongful disposition.

RCW 38.38.748
[Art. 108] Military property—Loss, damage, destruction, or wrongful disposition.
Any person subject to this code who, without proper authority:
(1) Sells or otherwise disposes of;
(2) Wilfully or through neglect damages, destroys, or loses; or
(3) Wilfully or through neglect suffers to be damaged, destroyed, sold or wrongfully disposed of;
any military property of the United States or of the state shall be punished as a court martial may direct.
[ 1963 c 220 § 106.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.752 - Property other than military property—Waste, spoilage, or destruction.

RCW 38.38.752
[Art. 109] Property other than military property—Waste, spoilage, or destruction.
Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.
[ 2009 c 378 § 23; 1963 c 220 § 107.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.756 - Improper hazarding of vessel.

RCW 38.38.756
[Art. 110] Improper hazarding of vessel.
(1) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct.
(2) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct.
[ 1989 c 48 § 68; 1963 c 220 § 108.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.

RCW 38.38.760
[Art. 111] Reckless or impaired operation of a vehicle, aircraft, or vessel.
(1) Any person subject to this code who:
(a) Operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in RCW 38.38.762; or
(b) Operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under subsection (2) of this section; or
(c) Operates or is in actual physical control of any vehicle, aircraft, or vessel in a reckless or wanton manner
shall be punished as a court-martial may direct.
(2) For purposes of subsection (1) of this section, the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0.08 grams of alcohol per one hundred milliliters of blood and with respect to alcohol concentration in a person's breath is 0.08 grams of alcohol per two hundred ten liters of breath, as shown by chemical analysis.
(3) For purposes of this section, "blood alcohol content limit" means the amount of alcohol concentration in a person's blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.
[ 2009 c 378 § 24; 1963 c 220 § 109.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.762 - Use, possession, or distribution of controlled substances.

RCW 38.38.762
[Art. 112a] Use, possession, or distribution of controlled substances.
(1) Any person subject to this code who wrongfully uses, possesses, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces or organized militia a substance described in subsection (2) of this section shall be punished as a court-martial may direct.
(2) The substances referred to in subsection (1) of this section are the following:
(a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and cannabis and any compound or derivative of any such substance;
(b) Any substance not specified in (a) of this subsection that is listed on a schedule of controlled substances prohibited by the United States army; or
(c) Any other substance not specified in this subsection that is listed in Schedules I through V of section 202 of the federal controlled substances act, 21 U.S.C. Sec. 812, as amended.
(3) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 § 27; 2009 c 378 § 25.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.764 - Drunk on duty—Sleeping on post—Leaving post before relief.

RCW 38.38.764
[Art. 112] Drunk on duty—Sleeping on post—Leaving post before relief.
Any person subject to this code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before he or she is regularly relieved, shall be punished as a court martial may direct.
[ 2011 c 336 § 787; 1963 c 220 § 110.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.768 - Dueling.

RCW 38.38.768
[Art. 114] Dueling.
Any person subject to this code who fights or promotes, or 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.
[ 1963 c 220 § 111.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.772 - Malingering.

RCW 38.38.772
[Art. 115] Malingering.
Any person subject to this code who for the purpose of avoiding work, duty or service in the organized militia:
(1) Feigns illness, physical disablement, mental lapse or derangement; or
(2) Intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
[ 1989 c 48 § 69; 1963 c 220 § 112.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.776 - Riot or breach of peace.

RCW 38.38.776
[Art. 116] Riot or breach of peace.
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court martial may direct.
[ 1963 c 220 § 113.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.780 - Provoking speeches or gestures.

RCW 38.38.780
[Art. 117] Provoking speeches or gestures.
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.
[ 1963 c 220 § 114.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.782 - Assault upon another member of the organized militia.

RCW 38.38.782
[Art. 128] Assault upon another member of the organized militia.
Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another member of the organized militia, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
[ 2009 c 378 § 26.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.783 - Larceny and wrongful appropriation.

RCW 38.38.783
[Art. 121] Larceny and wrongful appropriation.
(1) 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:
(a) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his [or her] own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(b) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his [or her] own use or the use of any person other than the owner, is guilty of wrongful appropriation.
(2) Any person found guilty of larceny or wrongful appropriation shall be punished as a court martial may direct.
[ 1963 c 220 § 117. Formerly RCW 38.38.792.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.784 - Perjury.

RCW 38.38.784
[Art. 131] Perjury.
Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code wilfully 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.
[ 1963 c 220 § 115.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.788 - Frauds against the government.

RCW 38.38.788
[Art. 132] Frauds against the government.
Any person subject to this code:
(1) Who, knowing it to be false or fraudulent:
(a) Makes any claim against the United States, the state, or any officer thereof; or
(b) Presents to any person in the civil or military service thereof, for approval or payment any claim against the United States, the state, or any officer thereof;
(2) Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:
(a) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) Who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person receives a certificate or receipt; or
(4) Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state;
shall, upon conviction, be punished as a court-martial may direct.
[ 1989 c 48 § 70; 1963 c 220 § 116.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.796 - Conduct unbecoming an officer and a gentleman.

RCW 38.38.796
[Art. 133] Conduct unbecoming an officer and a gentleman.
Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court martial may direct.
[ 1963 c 220 § 118.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.800 - General article.

RCW 38.38.800
[Art. 134] General article.
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, 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. However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault in the first degree, burglary, or housebreaking, jurisdiction of which is reserved to civil courts.
[ 2009 c 378 § 27; 1989 c 48 § 71; 1963 c 220 § 119.]