Code of Alabama - Title 31: Military Affairs and Civil Defense - Chapter 2A - Military Justice
- Part I General Provisions.
- Part II Apprenhension and Restraint.
- Section 31-2A-7 (Article 7.) Apprehension
(a) Apprehension is the taking of a person into custody. (b) Any person authorized by this code or by Chapter 47 of Title 10, U.S.C.,...
- Section 31-2A-8 (Article 8.) Reserved
Reserved.
- Section 31-2A-9 (Article 9.) Imposition of restraint
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain...
- Section 31-2A-10 (Article 10.) Restraint of persons charged with offenses
Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When...
- Section 31-2A-11 (Article 11.) Place of confinement; reports and receiving of prisoners
(a) If a person subject to this code is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility....
- Section 31-2A-12 (Article 12.) Confinement with enemy prisoners prohibited
No member of the Alabama National Guard may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of...
- Section 31-2A-13 (Article 13.) Punishment prohibited before trial
No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the...
- Section 31-2A-14 (Article 14.) Delivery of offenders to civil authorities
A person subject to this code accused of an offense against civil authority is also subject to the Interstate Agreement on Detainers Act, 18 U.S.C....
- Part III Non-Juducial Punishment.
- Part IV Court-Martial Jurisdiction.
- Section 31-2A-16 (Article 16.) Courts-martial classified
The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of either of the following: a. A military judge and...
- Section 31-2A-17 (Article 17.) Jurisdiction of courts-martial in general
Each component of the Alabama National Guard has court-martial jurisdiction over all members of the particular component who are subject to this code. The Adjutant...
- Section 31-2A-18 (Article 18.) Jurisdiction of general courts-martial
Subject to Section 31-2A-17 (Article 17), general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code,...
- Section 31-2A-19 (Article 19.) Jurisdiction of special courts-martial
Subject to Section 31-2A-17 (Article 17), special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code,...
- Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial
(a) Subject to Section 31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for...
- Section 31-2A-21 (Article 21.) Reserved
Reserved.
- Part V Appointment and Composition of Courts-Martial.
- Part VI Pre-Trial Procedure.
- Part VII Trial Procedure.
- Section 31-2A-36 (Article 36.) Governor or the Adjutant General may prescribe rules
Pretrial, trial, and post-trial procedures, including modes of proof, for court-martial cases arising under this code, and for courts of inquiry, may be prescribed by...
- Section 31-2A-37 (Article 37.) Unlawfully influencing action of court
(a) 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,...
- Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel
(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and, under the direction of the court,...
- Section 31-2A-39 (Article 39.) Sessions
(a) 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,...
- Section 31-2A-40 (Article 40.) Continuances
The military judge of a court-martial or the summary court-martial officer, for reasonable cause, may grant a continuance to any party for such time, and...
- Section 31-2A-41 (Article 41.) Challenges
(a) Challenges For Cause. (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial...
- Section 31-2A-42 (Article 42.) Oaths or affirmations
(a) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or...
- Section 31-2A-43 (Article 43.) Statute of limitations
(a) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by courts-martial or punished under...
- Section 31-2A-44 (Article 44.) Former jeopardy
(a) No person, without his or her consent, may be tried a second time for the same offense. (b) No proceeding in which an accused...
- Section 31-2A-45 (Article 45.) Pleas of the accused
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if...
- Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided...
- Section 31-2A-47 (Article 47.) Refusal to appear or testify
(a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner...
- Section 31-2A-48 (Article 48.) Contempt
A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or...
- Section 31-2A-49 (Article 49.) Depositions
(a) At any time after charges have been signed as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions unless...
- Section 31-2A-50 (Article 50.) Admissibility of records of courts of inquiry
(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of...
- Section 31-2A-50a (Article 50a.) Defense of lack of mental responsibility
(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the...
- Section 31-2A-51 (Article 51.) Voting and rulings
(a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior...
- Section 31-2A-52 (Article 52.) Number of votes required
(a) No person may be convicted of an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence of two-thirds of the...
- Section 31-2A-53 (Article 53.) Court to announce action
A court-martial shall announce its findings and sentence to the parties as soon as determined.
- Section 31-2A-54 (Article 54.) Record of trial
(a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be...
- Part VIII Sentences.
- Section 31-2A-55 (Article 55.) 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 a...
- Section 31-2A-56 (Article 56.) Maximum limits
(a) The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance...
- Section 31-2A-57 (Article 57.) Effective date of sentences
(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended,...
- Section 31-2A-57a (Article 57a.) Deferment of sentences
(a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused...
- Section 31-2A-58 (Article 58.) Execution of confinement
(a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or...
- Section 31-2A-58a (Article 58a.) Sentences: Reduction in enlisted grade upon approval
(a) A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes either a bad-conduct...
- Section 31-2A-58b (Article 58b.) Sentences: Forfeiture of pay and allowances during confinement
(a)(1) A court-martial sentence described in subdivision (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any...
- Part IX Post-Trial Procedure and Review of Courts-Martial.
- Section 31-2A-59 (Article 59.) Error of law; lesser included offense
(a) 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...
- Section 31-2A-60 (Article 60.) Action by the convening authority
(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b)(1) The accused...
- Section 31-2A-61 (Article 61.) Withdrawal of appeal
(a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right...
- Section 31-2A-62 (Article 62.) Appeal by the state
(a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of...
- Section 31-2A-63 (Article 63.) Rehearings
Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon...
- Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate
(a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior judge advocate, or...
- Section 31-2A-65 (Article 65.) Disposition of records after review by the convening authority
Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and...
- Section 31-2A-66 (Article 66.) Military Court-Martial Review Panel
The Governor shall establish a Military Court-Martial Review Panel which shall be composed of one or more panels, and each such panel shall be composed...
- Section 31-2A-67 (Article 67.) Review by State Appellate Authority
Decisions of the Military Court-Martial Review Panel are subject to review by the Alabama Supreme Court by writ of certiorari pursuant to Section 140 of...
- Section 31-2A-68 (Article 68.) Reserved
Reserved.
- Section 31-2A-69 (Article 69.) Reserved
Reserved.
- Section 31-2A-70 (Article 70.) Appellate counsel
(a) The senior judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases...
- Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence
(a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not...
- Section 31-2A-72 (Article 72.) Vacation of suspension
(a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence,...
- Section 31-2A-73 (Article 73.) Petition for a new trial
At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a...
- Section 31-2A-74 (Article 74.) Remission and suspension
(a) The Governor may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b) The Governor,...
- Section 31-2A-75 (Article 75.) Restoration
(a) Under such regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been...
- Section 31-2A-76 (Article 76.) Finality of proceedings, findings, and sentences
The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required...
- Section 31-2A-76a (Article 76a.) Leave required to be taken pending review of certain court-martial convictions
Under rules prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this article...
- Section 31-2A-76b (Article 76b.) Lack of mental capacity or mental responsibility
The determination of lack of mental capacity or mental responsibility shall be determined pursuant to Alabama state law as well as rules of the Department...
- Part X Punitive Articles.
- Section 31-2A-77 (Article 77.) Principals
Any person subject to this code who does either of the following is a principal: (1) Commits an offense punishable by this code, or aids,...
- Section 31-2A-78 (Article 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...
- Section 31-2A-79 (Article 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...
- Section 31-2A-80 (Article 80.) Attempts
(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing,...
- Section 31-2A-81 (Article 81.) Conspiracy
Any person subject to this code who conspires with any other person to commit an offense under this code, if one or more of the...
- Section 31-2A-82 (Article 82.) Solicitation
Any person subject to this code who solicits or advises another to commit a violation of this code, if the offense solicited or advised is...
- Section 31-2A-83 (Article 83.) Fraudulent enlistment, appointment, or separation
Any person who does either of the following shall be punished as a court-martial may direct: (1) Procures his or her own enlistment or appointment...
- Section 31-2A-84 (Article 84.) Unlawful enlistment, appointment, or separation
Any person subject to this code who effects an enlistment or appointment in or a separation from the Alabama National Guard of any person who...
- Section 31-2A-85 (Article 85.) Desertion
(a) Any member of the Alabama National Guard who does any of the following is guilty of desertion: (1) Without authority goes or remains absent...
- Section 31-2A-86 (Article 86.) Absence without leave
Any person subject to this code who, without authority, does any of the following shall be punished as a court-martial may direct: (1) Fails to...
- Section 31-2A-87 (Article 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...
- Section 31-2A-88 (Article 88.) Reserved
Reserved.
- Section 31-2A-89 (Article 89.) Disrespect toward superior commissioned officer
Any person subject to this code who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.
- Section 31-2A-90 (Article 90.) Assaulting or willfully disobeying superior commissioned officer
Any person subject to this code who does either of the following shall be punished as a court-martial may direct. (1) Strikes his or her...
- Section 31-2A-91 (Article 91.) Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
Any warrant officer or enlisted member who does any of the following shall be punished as a court-martial may direct: (1) Strikes or assaults a...
- Section 31-2A-92 (Article 92.) Failure to obey order or regulation
Any person subject to this code who does any of the following shall be punished as a court-martial may direct: (1) Violates or fails to...
- Section 31-2A-93 (Article 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...
- Section 31-2A-94 (Article 94.) Mutiny or sedition
(a) Any person subject to this code who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person,...
- Section 31-2A-95 (Article 95.) Resistance, flight, breach of arrest, and escape
Any person subject to this code who does any of the following shall be punished as a court-martial may direct: (1) Resists apprehension. (2) Flees...
- Section 31-2A-96 (Article 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...
- Section 31-2A-97 (Article 97.) Unlawful detention
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...
- Section 31-2A-98 (Article 98.) Noncompliance with procedural rules
Any person subject to this code who does either of the following shall be punished as a court-martial may direct: (1) Is responsible for unnecessary...
- Section 31-2A-99 (Article 99.) Misbehavior before the enemy
Any person subject to this code who before or in the presence of the enemy does any of the following shall be punishable as a...
- Section 31-2A-100 (Article 100.) Subordinate compelling surrender
Any person subject to this code who compels or attempts to compel the Commander of the Alabama National Guard, or of any other state, place,...
- Section 31-2A-101 (Article 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...
- Section 31-2A-102 (Article 102.) Forcing a safeguard
Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
- Section 31-2A-103 (Article 103.) Captured or abandoned property
(a) All persons subject to this code shall secure all public property taken for the service of the United States or the state, and shall...
- Section 31-2A-104 (Article 104.) Aiding the enemy
Any person subject to this code who does either of the following shall be punished as a court-martial may direct: (1) Aids, or attempts to...
- Section 31-2A-105 (Article 105.) Misconduct as prisoner
Any person subject to this code who, while in the hands of the enemy in time of war, does either of the following shall be...
- Section 31-2A-106 (Article 106.) Reserved
Reserved.
- Section 31-2A-106a (Article 106a.) Reserved
Reserved.
- Section 31-2A-107 (Article 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 made in the...
- Section 31-2A-108 (Article 108.) Military property - Loss, damage, destruction, or wrongful disposition
Any person subject to this code who, without proper authority does any of the following regarding any military property of the United States or of...
- Section 31-2A-109 (Article 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...
- Section 31-2A-110 (Article 110.) Improper hazarding of vessel
(a) Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the...
- Section 31-2A-111 (Article 111.) Reserved
Reserved.
- Section 31-2A-112 (Article 112.) Drunk on duty
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
- Section 31-2A-112a (Article 112a.) Wrongful use, possession, etc., of controlled substances
(a) Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the...
- Section 31-2A-112b (Article 112b.) Wrongful possession, etc., of drug paraphernalia
Any person subject to this code who wrongfully possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States,...
- Section 31-2A-113 (Article 113.) Misbehavior of sentinel
Any sentinel or lookout who is found drunk or sleeping upon his or her post, or leaves it before being regularly relieved, shall be punished...
- Section 31-2A-114 (Article 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...
- Section 31-2A-115 (Article 115.) Malingering
Any person subject to this code who for the purpose of avoiding work, duty, or service does either of the following shall be punished as...
- Section 31-2A-116 (Article 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
- Section 31-2A-117 (Article 117.) Provoking speeches or gestures
Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished...
- Section 31-2A-118 (Article 118.) Reserved
Reserved.
- Section 31-2A-119 (Article 119.) Reserved
Reserved.
- Section 31-2A-120 (Article 120.) Reserved
Reserved.
- Section 31-2A-121 (Article 121.) Larceny and wrongful appropriation
(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...
- Section 31-2A-122 (Article 122.) Reserved
Reserved.
- Section 31-2A-123 (Article 123.) Forgery
Any person subject to this code who, with intent to defraud does either of the following is guilty of forgery and shall be punished as...
- Section 31-2A-123a (Article 123a.) Making, drawing, or uttering check, draft, or order without sufficient funds
(a) Any person subject to this code who, for the procurement of any article or thing of value, with intent to defraud, or for the...
- Section 31-2A-124 (Article 124.) Reserved
Reserved.
- Section 31-2A-125 (Article 125.) Reserved
Reserved.
- Section 31-2A-126 (Article 126.) Reserved
Reserved.
- Section 31-2A-127 (Article 127.) Extortion
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,...
- Section 31-2A-128 (Article 128.) Assault
(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...
- Section 31-2A-129 (Article 129.) Reserved
Reserved.
- Section 31-2A-130 (Article 130.) Housebreaking
Any person subject to this code who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty...
- Section 31-2A-131 (Article 131.) Perjury
Any person subject to this code who in a judicial proceeding or in a course of justice willfully and corruptly does either of the following...
- Section 31-2A-132 (Article 132.) Frauds against the government
Any person subject to this code who does any of the following shall, upon conviction, be punished as a court-martial may direct: (1) Knowing it...
- Section 31-2A-133 (Article 133.) Conduct unbecoming an officer and a gentleman
Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may
- Section 31-2A-134 (Article 134.) General article
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and...
- Part XI Miscellaneous Provisions.
- Section 31-2A-135 (Article 135.) Courts of inquiry
(a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a...
- Section 31-2A-136 (Article 136.) Authority to administer oaths and to act as notary
(a) The following persons may administer oaths for the purposes of military administration, including military justice: (1) All judge advocates. (2) All summary courts-martial. (3)...
- Section 31-2A-137 (Article 137.) Articles to be explained
(a)(1) The articles of this code shall be carefully explained to each enlisted member at the time, or within one year after, the member joins...
- Section 31-2A-138 (Article 138.) Complaints of wrongs
Any member of the Alabama National Guard who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding...
- Section 31-2A-139 (Article 139.) Reserved
Reserved.
- Section 31-2A-140 (Article 140.) Delegation by the Governor
The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power...
- Section 31-2A-141 (Article 141.) Reserved
Reserved.
- Section 31-2A-142 (Article 142.) Reserved
Reserved.
- Section 31-2A-143 (Article 143.) Uniformity of interpretation
This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of...
- Section 31-2A-144 (Article 144.) Immunity for action of military courts
All persons acting within their official capacity under the provisions of this code shall be immune from any civil liability to the same extent as...
- Section 31-2A-145 (Article 145.) Severability
The provisions of this code are hereby declared to be severable and if any provision of this code or the application of such provision to...
- Section 31-2A-146 (Article 146.) Short Title
This act may be cited as the Alabama Code of Military Justice (ACMJ).
- Section 31-2A-147 Article 147. Construction of chapter
To the extent not inconsistent with existing law, nothing in this code affects the remainder of Chapter 2 of this title or the Constitution of...
Last modified: May 3, 2021