- § 38-2-1077 - Principals
Any person subject to this article who: (1) Commits an offense punishable by this article or aids, abets, counsels, commands, or procures its commission;...
- § 38-2-1078 - Accessory After the Fact
Any person subject to this article who, knowing that an offense punishable by this article has been committed, receives, comforts, or assists the offender...
- § 38-2-1079 - 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...
- § 38-2-1080 - Attempts
(a) An act, done with specific intent to commit an offense under this article, amounting to more than mere preparation and tending, even though...
- § 38-2-1081 - Conspiracy
Any person subject to this article who conspires with any other person to commit an offense under this article shall, if one or more...
- § 38-2-1082 - Solicitation of Desertion, Mutiny, Misbehavior Before the Enemy, or Sedition
(a) Any person subject to this article who solicits or advises another or others to desert in violation of Code Section 38-2-1085 or mutiny...
- § 38-2-1083 - 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...
- § 38-2-1084 - Unlawful Enlistment, Appointment, or Separation
Any person subject to this article who effects an enlistment or appointment in or a separation from the organized militia of any person who...
- § 38-2-1085 - Desertion
(a) Any member of the organized militia shall be guilty of desertion who: (1) Without authority goes or remains absent from his or her...
- § 38-2-1086 - Absence Without Leave
Any person subject to this article shall be punished as a court-martial may direct who, without authority: (1) Fails to go to his or...
- § 38-2-1087 - Missing Movement of Ship, Aircraft, or Unit
Any person subject to this article who through neglect or design misses the movement of a ship, aircraft, or unit with which the person...
- § 38-2-1088 - Contempt Toward Officials
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the secretary of a military department,...
- § 38-2-1089 - Disrespect Toward a Superior Officer
Any person subject to this article who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may
- § 38-2-1090 - Assaulting or Willfully Disobeying Officer
Any person subject to this article who: (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers...
- § 38-2-1091 - Insubordination Toward Warrant or Noncommissioned Officer
Any warrant officer or enlisted member shall be punished as a court-martial may direct who: (1) Strikes or assaults a warrant officer, noncommissioned officer,...
- § 38-2-1092 - Failure to Obey Order or Regulation
Any person subject to this article shall be punished as a court-martial may direct who: (1) Violates or fails to obey any lawful general...
- § 38-2-1093 - Cruelty and Maltreatment of Others Under One's Command
Any person subject to this article who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her...
- § 38-2-1094 - Mutiny and Sedition
(a) Any person subject to this article who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other...
- § 38-2-1095 - Resistance, Breach of Arrest, and Escape
Any person subject to this article shall be punished as a court-martial may direct who: (1) Resists apprehension; (2) Flees from apprehension; (3) Breaks...
- § 38-2-1096 - Assistance in a Prisoner's Escape
Any person subject to this article who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or...
- § 38-2-1097 - Unlawful Detention
Any person subject to this article who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as...
- § 38-2-1098 - Noncompliance With Procedural Rules; Unnecessary Delay
Any person subject to this article shall be punished as a court-martial may direct who: (1) Is responsible for unnecessary delay in the disposition...
- § 38-2-1099 - Misbehavior Before the Enemy
Any person subject to this article shall be punished as a court-martial may direct who before or in the presence of the enemy: (1)...
- § 38-2-1100 - Compelling Surrender
Any person subject to this article who compels or attempts to compel a commander, an individual in command of the National Guard of another...
- § 38-2-1101 - Disclosure or Improper Use of Countersign or Parole
Any person subject to this article who in time of war discloses the parole or countersign to any person not entitled to receive it...
- § 38-2-1102 - Forcing a Safeguard
Any person subject to this article who forces a safeguard shall be punished as a court-martial may direct.
- § 38-2-1103 - Captured or Abandoned Property; Trading and Looting Prohibited
(a) All persons subject to this article shall secure all public property taken for the service of the United States or this state or...
- § 38-2-1104 - Aiding the Enemy
Any person subject to this article shall be punished as a court-martial may direct who: (1) Aids, or attempts to aid, the enemy with...
- § 38-2-1105 - Misconduct As Prisoner of War
Any person subject to this article shall be punished as a court-martial may direct who, while in the hands of the enemy in time...
- § 38-2-1106 - Reserved
Title NoteChapter NoteArticle Note
- § 38-2-1107 - Signing False Official Document; Making False Official Statement
Any person subject to this article who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in...
- § 38-2-1108 - Military Property; Loss, Damage, Destruction, or Wrongful Disposition
Any person subject to this article shall be punished as a court-martial may direct who, without proper authority: (1) Takes, sells, or otherwise disposes...
- § 38-2-1109 - Property Other Than Military Property; Waste, Spoilage, or Destruction
Any person subject to this article who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully takes, sells, destroys, or damages any property...
- § 38-2-1110 - Willful or Negligent Hazarding of Vessel
(a) Any person subject to this article who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of...
- § 38-2-1111 - Driving While Under the Influence of Drugs or Alcohol
Any person subject to this article shall be punished as a court-martial may direct who: (1) Drives, operates, or physically controls any vehicle, aircraft,...
- § 38-2-1112 - Under the Influence of Alcohol While on Duty
Any person subject to this article, other than a sentinel or lookout, who is found under the influence of alcohol sufficient to impair the...
- § 38-2-1112.1 - Use, Possession, Manufacture, Distribution, or Importation of Certain Controlled Substances; Exceptions
(a) Any person subject to this article who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from...
- § 38-2-1113 - Drunk or Sleeping While Standing Post
Any sentinel or lookout who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her...
- § 38-2-1114 - Reserved
Title NoteChapter NoteArticle Note
- § 38-2-1115 - Malingering; Feigning Illness; Self-Infliction of Injury
Any person subject to this article shall be punished as a court-martial may direct who for the purpose of avoiding work, duty, or service:...
- § 38-2-1116 - Riot or Breach of Peace
Any person subject to this article who causes or participates in any riot or breach of the peace shall be punished as a court-martial...
- § 38-2-1117 - Provoking Words or Gestures
Any person subject to this article who uses provoking or reproachful words or gestures toward any other person subject to this article shall be...
- § 38-2-1118 - Through 38-2-1130. Reserved
Title NoteChapter NoteArticle Note
- § 38-2-1131 - Perjury
Any person subject to this article is guilty of perjury and shall be punished as a court-martial may direct who in a judicial proceeding...
- § 38-2-1132 - Fraudulent Claims Against the Government
Any person subject to this article shall, upon conviction, be punished as a court-martial may direct: (1) Who, knowing it to be false or...
- § 38-2-1133 - Conduct Unbecoming an Officer
Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct.
- § 38-2-1134 - General Provision
Though not specifically mentioned in this article, all disorders and neglects to the prejudice of good order and discipline in the organized militia and...
Last modified: October 14, 2016