Oregon Statutes - Chapter 398 - Military Justice

398.002 Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515.
As used in this chapter and ORS 396.120, 396.145, 399.205 and 399.515, unless the context requires otherwise: (1) �Accuser� means a person who signs and...
398.004 Persons subject to this chapter.
The following persons who are not in federal service are subject to this chapter: (1) Members of the organized militia. (2) All other persons lawfully...
398.006 Jurisdiction to try certain personnel.
(1) Each person discharged from the organized militia who is later charged with having fraudulently obtained the discharge of the person is, subject to ORS...
398.008 Dismissal of commissioned officer.
(1) If any commissioned officer dismissed by order of the Governor makes a written application for trial by court-martial, setting forth under oath that the...
398.010 Territorial applicability of this chapter.
(1) This chapter applies throughout the state. It also applies to all persons otherwise subject to this chapter while they are serving outside the state,...
398.012 Judge advocates and legal officers.
(1) The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the organized militia as State Judge Advocate. To be eligible...
398.014 Presentment of Class A felony charges to civilian authority.
(1) A charge against a person subject to this chapter for an offense that is classified as a Class A felony under the Oregon Criminal...
398.052 �Apprehension� defined; quelling of disorders.
(1) Apprehension is the taking of a person into custody. (2) Any person authorized by this chapter and ORS chapters 396 and 399, or by...
398.054 Apprehension of deserters.
Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the...
398.056 Imposition of restraint; �arrest� and �confinement� defined.
(1) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within...
398.058 Restraint of priority prisoners; notice of charges; speedy disposition; conditional release.
(1)(a) Except as provided in paragraph (b) of this subsection, any person subject to this chapter charged with an offense under this chapter may be...
398.060 Place of confinement.
(1) Confinement other than in an authorized military confinement facility, whether before, during or after trial by a military court, shall be executed in county...
398.062 Receiving prisoners; report to commanding officer.
(1) A warden, keeper or officer of a county jail, penitentiary or prison designated under ORS 398.060, may not refuse to receive or keep any...
398.064 [1961 c.454 §90; repealed by 1985 c.682 §53]
398.065 Punishment prohibited before trial.
A person, while being held for trial, may not be subjected to punishment or penalty other than arrest or confinement upon the charges pending against...
398.066 Delivery of offenders to civil authorities; redelivery to military authority.
(1) Under such military department regulations as may be prescribed under this chapter and ORS chapters 396 and 399, a person on active state duty...
398.068 Confinement pending trial for failure to appear.
When an accused person shall have been arrested for failure to appear before a court-martial for trial, the military judge, the president of a court-martial...
398.082 [1961 c.454 §92; repealed by 1975 c.719 §5 (398.083 enacted in lieu of 398.082)]
398.083 Imposition and enforcement of disciplinary punishment without court-martial.
(1) Under such regulations as may be prescribed by the Governor or the Adjutant General, limitations may be placed on the powers granted by this...
398.102 Courts-martial of organized militia not in federal service; composition.
(1) In the organized militia not in federal service, there are general, special and summary courts-martial constituted like similar courts of the army and air...
398.104 Jurisdiction of courts-martial of each component.
Each component of the organized militia has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one component over personnel...
398.106 Jurisdiction of general courts-martial.
Subject to ORS 398.104, general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may,...
398.108 Jurisdiction of special courts-martial.
(1) Subject to ORS 398.104, special courts-martial have jurisdiction to try persons other than officers for any offense made punishable by this chapter. (2) A...
398.110 Jurisdiction of summary courts-martial.
(1) Subject to ORS 398.104, summary courts-martial have jurisdiction to try persons other than officers for any offense made punishable by this chapter. (2) A...
398.112 Sentences to be approved by Governor or Adjutant General.
In the organized militia not in federal service: (1) A sentence of dismissal or dishonorable discharge may not be executed until the sentence is approved...
398.114 When complete record of proceedings and testimony required.
A dishonorable discharge or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has...
398.116 Authorized sentence of general or special court-martial after declaration of war prior to jurisdiction of Uniform Code of Military Justice.
A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national...
398.118 Commutations and pardons granted by Governor; remittance of forfeitures and fines.
Upon the conditions and with the restrictions and limitations as the Governor thinks proper, the Governor may grant commutations and pardons for all punishments imposed...
398.120 Application for commutation or pardon.
(1) When a person subject to this chapter makes an application for commutation or pardon to the Governor, a copy of the application, signed by...
398.126 Convening general courts-martial.
In the organized militia not in federal service, general courts-martial may be convened by the Governor or by the Adjutant General. [1961 c.454 §101; 2005...
398.128 Convening special courts-martial.
In the organized militia not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base or other place...
398.130 Convening summary courts-martial.
(1) In the organized militia not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base or other...
398.132 Who may serve on courts-martial.
(1) Any commissioned officer of the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be...
398.134 [1961 c.454 §105; repealed by 1975 c.719 §13 (398.135 enacted in lieu of 398.134)]
398.135 Detail of military judge.
(1) The authority convening a general court-martial or the State Judge Advocate shall detail a military judge to the general court-martial. Subject to regulations issued...
398.136 Detail of trial counsel and defense counsel.
(1) For each general and special court-martial the staff judge advocate for the unit, command or organization shall detail trial counsel and such assistants as...
398.138 Detail or employment of reporters and interpreters.
Under such regulations as the Governor may prescribe: (1) Qualified court reporters shall be detailed or employed for each general or special court-martial or court...
398.140 Absent and additional members; effect of absences on trial.
(1) No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of the...
398.162 Charges and specifications.
(1) Charges and specifications shall be signed by a person subject to this chapter under oath before a person authorized by ORS 396.120 to administer...
398.164 Compulsory self-incrimination and immaterial and degrading evidence prohibited.
(1) No person subject to this chapter may compel any person to incriminate self or to answer any question the answer to which may tend...
398.166 Investigation.
(1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set...
398.168 Forwarding of charges.
When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or...
398.170 Advice of State Judge Advocate; reference for trial; formal corrections.
(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and...
398.172 Service of charges.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon...
398.202 Procedural regulations.
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the Governor by military department regulations,...
398.204 Unlawfully influencing action of court.
(1) No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand...
398.206 Duties of trial counsel and defense counsel.
(1) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the...
398.208 [1961 c.454 §118; repealed by 1975 c.719 §21 (398.209 enacted in lieu of 398.208)]
398.209 Court sessions.
(1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members,...
398.210 Continuances.
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as...
398.212 Challenges.
(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated...
398.214 Oaths.
(1) The military judge, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall...
398.216 Statute of limitation.
(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy, may be tried and punished at...
398.218 Former jeopardy.
(1) No person may, without the person�s consent, be tried a second time for the same offense. (2) No proceeding in which an accused has...
398.220 Pleas of accused.
(1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea,...
398.222 Opportunity to obtain witnesses and evidence.
(1) The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such military...
398.224 Refusal to appear or testify.
(1) Any person not subject to this chapter is guilty of an offense against the state when the person: (a) Has been duly subpoenaed to...
398.226 Contempt.
(1) A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its...
398.228 Depositions.
(1) At any time after charges have been signed, as provided in ORS 398.162, any party may take oral or written depositions unless the military...
398.230 Admissibility of records of courts of inquiry.
(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of...
398.232 Voting and rulings.
(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a...
398.234 Number of votes required.
(1) No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is...
398.236 Court to announce action.
A court-martial shall announce its findings and sentence to the parties as soon as determined. [1961 c.454 §132]
398.238 Record of trial.
(1) Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall...
398.252 Cruel and unusual punishments prohibited.
Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any...
398.254 Punishments limited.
(1) The punishments which a court-martial may direct for an offense may not exceed limits prescribed by this chapter. (2) Unless otherwise provided in regulation...
398.256 Effective date of sentence.
(1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, the forfeiture may apply to pay...
398.258 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...
398.260 [1985 c.682 §13; repealed by 1999 c.157 §8]
398.272 Approval and execution or suspension of sentence.
Except as provided in ORS 398.112 and 398.282, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved. The convening...
398.274 Initial review and action on trial record.
(1) 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...
398.276 Reconsideration and revision of court�s ruling.
(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...
398.278 Rehearings.
(1) If the convening authority disapproves the findings and sentence of a court-martial the convening authority may, except where there is lack of sufficient evidence...
398.280 Approval by 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...
398.282 Review of records; disposition.
(1) If the convening authority is the Governor, action by the Governor on the review of any record of trial is final. (2) In all...
398.284 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...
398.286 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...
398.288 Vacation of suspension.
(1) Before the vacation of the suspension of a special court-martial sentence which as approved includes a dishonorable discharge, or of any general court-martial sentence,...
398.290 Petition for 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...
398.292 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...
398.294 Restoration.
(1) Under such military department regulations as the Governor may prescribe, all rights, privileges and property affected by an executed part of a court-martial sentence...
398.296 Finality of proceedings, findings and sentences.
The proceedings, findings and sentences of court-martial as reviewed and approved, as required by this chapter, and all dismissals and discharges carried into execution under...
398.302 When persons may be tried or punished.
A person may not be tried or punished for any offense provided for in ORS 398.302 to 398.400, unless: (1) The offense was committed while...
398.304 Principals.
Any person subject to this chapter who: (1) Commits an offense punishable by this chapter, or aids, abets, counsels, commands or procures its commission; or...
398.306 Accessory after fact.
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts or assists the offender in...
398.308 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...
398.310 Attempts.
(1) An act done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending even though failing...
398.312 Conspiracy.
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of...
398.314 Solicitation.
(1) Any person subject to this chapter who solicits or advises another or others to desert in violation of ORS 398.320 or mutiny in violation...
398.316 Fraudulent enlistment, appointment or separation.
Any person who: (1) Procures the person�s own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to qualifications...
398.318 Unlawful enlistment, appointment or separation.
Any person subject to this chapter who effects an enlistment or appointment in or a separation from the organized militia of any person who is...
398.320 Desertion.
(1) Any member of the organized militia who: (a) Without authority goes or remains absent from the unit, organization or place of duty of the...
398.322 Absence without leave.
Any person subject to this chapter who, without authority: (1) Fails to go to the appointed place of duty of the person at the time...
398.324 Failure to make required move.
Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft or unit with which the person is...
398.326 Contempt toward officials.
Any commissioned officer subject to this chapter who uses contemptuous words against the President, the Governor or the legislature of this state, or the Governor...
398.328 Disrespect toward superior commissioned officer.
Any person subject to this chapter who behaves with disrespect toward a superior commissioned officer shall be punished as a court-martial may direct. [1961 c.454
398.330 Assaulting or willfully disobeying superior commissioned officer.
Any person subject to this chapter who: (1) Strikes a superior commissioned officer or draws or lifts up any weapon or offers any violence against...
398.332 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...
398.334 Failure to obey order or regulation.
Any person subject to this chapter who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other...
398.336 Cruelty and maltreatment.
Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to the orders of the...
398.338 Mutiny or sedition.
(1) Any person subject to this chapter who: (a) With intent to usurp or override lawful military authority refuses, in concert with another, to obey...
398.340 Resistance, breach of arrest and escape.
Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial...
398.342 Releasing prisoner without proper authority.
Any person subject to this chapter who, without proper authority, releases any prisoner committed to the charge of the person, or who through neglect or...
398.344 Unlawful detention.
Any person subject to this chapter who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a...
398.346 Noncompliance with procedural rules.
Any person subject to this chapter who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an...
398.348 Misbehavior before enemy.
Any person subject to this chapter who before or in the presence of the enemy: (1) Runs away; (2) Shamefully abandons, surrenders or delivers up...
398.350 Subordinate compelling surrender.
Any person subject to this chapter who compels or attempts to compel the commander of any force of the organized militia of this state or...
398.352 Improper use of countersign.
Any person subject to this chapter who in time of war discloses the parole or countersign to any person not entitled to receive it, or...
398.354 Forcing safeguard.
Any person subject to this chapter who forces a safeguard shall be punished as a court-martial may direct. [1961 c.454 §178]
398.356 Captured or abandoned property.
(1) All persons subject to this chapter shall secure all public property taken from the enemy for the service of the United States, and shall...
398.358 Aiding enemy.
Any person subject to this chapter who: (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money or other things; or (2)...
398.360 Misconduct as prisoner.
Any person subject to this chapter who, while in the hands of the enemy in time of war: (1) For the purpose of securing favorable...
398.362 False official statements.
Any person subject to this chapter, who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it to...
398.366 Loss, damage, destruction or wrongful disposition of military property.
Any person subject to this chapter who, without proper authority: (1) Sells or otherwise disposes of; (2) Willfully or through neglect damages, destroys or loses;...
398.368 Waste, spoilage or destruction of property other than military.
Any person subject to this chapter who, while in a duty status, willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages...
398.370 Improper hazarding of vessel.
(1) Any person subject to this chapter who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the...
398.372 Driving while drunk.
Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial...
398.374 Drunk on duty.
Any person subject to this chapter other than a sentinel or lookout who is found drunk on duty shall be punished as a court-martial may...
398.375 Sentinel or lookout drunk or sleeping on post; leaving before relief.
Any sentinel or lookout who is found drunk or sleeping upon post, or who leaves it before being regularly relieved, shall be punished as a...
398.376 [1961 c.454 §188; repealed by 1975 c.719 §34]
398.378 Malingering.
Any person subject to this chapter who for the purpose of avoiding work duty or service in the organized militia: (1) Feigns illness, physical disablement,...
398.380 Riot or breach of peace.
Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may...
398.382 [1961 c.454 §191; repealed by 1975 c.719 §34]
398.384 Stealing goods.
(1) Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any...
398.386 Perjury.
Any person subject to this chapter who in a judicial proceeding or in a course of justice conducted under this chapter willfully and corruptly gives,...
398.388 Frauds against government.
Any person subject to this chapter: (1) Who, knowing it to be false or fraudulent: (a) Makes any claim against the United States, the state...
398.390 [1961 c.454 §195; repealed by 1975 c.719 §34]
398.391 Controlled substances.
(1) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes or introduces into an installation, vessel, vehicle or aircraft used by or...
398.392 [1961 c.454 §196; 1971 c.743 §363; repealed by 1975 c.719 §34]
398.393 Dueling; failure to report dueling.
Any person subject to this chapter who fights or promotes or is concerned in or connives at fighting a duel or who, having knowledge of...
398.394 Provoking or reproachful words or gestures.
Any person subject to this chapter who uses provoking or reproachful words or gestures toward any other person subject to this chapter shall be punished...
398.395 Insufficient funds or credit.
(1) Any person subject to this chapter who makes, draws, utters or delivers any check, draft or order for the payment of money upon any...
398.397 Unlawful force or violence.
Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not...
398.399 Conduct unbecoming officer.
Any commissioned officer who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct. [1985 c.682 §9]
398.400 Conduct to prejudice of good order and discipline; limits to jurisdiction of courts-martial.
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the organized militia, of which...
398.402 Courts of inquiry.
(1) Courts of inquiry to investigate any matter may be convened by the Governor or by any other person designated by the Governor for that...
398.404 Redress of injuries to property.
(1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the property...
398.406 Execution of process and sentence.
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...
398.408 Process of military courts.
(1) Military courts may issue all process necessary to carry into effect the powers vested in those courts. Such courts may issue subpoenas and subpoenas...
398.410 Payment of fines and disposition thereof.
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...
398.412 Immunity for action of military courts.
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...
398.414 Presumption of jurisdiction.
The jurisdiction of the military courts and boards established by this chapter shall be presumed and the burden of proof rests on any person seeking...
398.416 Delegation of authority by Governor.
The Governor may delegate any authority vested in the Governor under this chapter, and may provide for the subdelegation of any such authority, except with...
398.418 Payment of expenses.
The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice from any fund appropriated to the Oregon...
398.420 Armed Forces Court of Appeals for Oregon.
(1) There is established within the Oregon Military Department the Armed Forces Court of Appeals for Oregon. (2) The court shall have jurisdiction over appeals...

Last modified: August 7, 2008