Hawaii Revised Statutes 124a. Hawaii Code of Military Justice
PART I. GENERAL PROVISIONS
- 124a-1 Definitions.
In this chapter, unless the context otherwise requires: "Accuser" means a person who signs and swears to charges, any person who directs that charges...
- 124a-2 Persons Subject to This Chapter.
This chapter applies to all members of the state military forces who are not in federal service, but who are on active state duty...
- 124a-3 Jurisdiction to Try Certain Personnel.
(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained the person's discharge is, subject to section...
- 124a-4 Dismissal of Commissioned Officer.
(a) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that...
- 124a-5 Territorial Applicability of the Chapter.
(a) This chapter applies throughout the State. It also applies to all persons otherwise subject to this chapter while they are serving outside the...
- 124a-6 Judge Advocates and Legal Officers.
(a) The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate. To...
PART II. APPREHENSION AND RESTRAINT
- 124a-11 Apprehension.
(a) Apprehension is the taking of a person into custody. (b) Any person authorized by this chapter, or by rules issued under it, to...
- 124a-12 Apprehension of Deserters.
Any civil officer having authority to apprehend offenders under the laws of the United States or this State or of a state, territory, commonwealth,...
- 124a-13 Imposition of Restraint.
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain...
- 124a-14 Restraint of Persons Charged With Offenses.
Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require;...
- 124a-15 Confinement in Jails.
Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in state correctional facilities...
- 124a-16 Reports and Receiving of Prisoners.
(a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a state correctional facility designated under section 124A-15,...
- 124a-17 Punishment Prohibited Before Trial.
Subject to section 124A-83, no person, while being held for trial or as the result of trial, may be subjected to punishment or penalty...
- 124a-18 Delivery of Offenders to Civil Authorities.
(a) Under such rules as may be adopted under this chapter, a person subject to this chapter who is on active state duty or...
PART III. NONJUDICIAL PUNISHMENT
PART IV. COURTS-MARTIAL JURISDICTION
- 124a-31 Courts-Martial of State Military Forces Not in Federal Service; Composition; Jurisdiction; Powers and Proceedings.
(a) In the state military forces not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed...
- 124a-32 Jurisdiction of Courts-Martial in General.
Each force of the state military forces has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one force...
- 124a-33 Jurisdiction of General Courts-Martial.
Subject to section 124A-32, general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and...
- 124a-34 Jurisdiction of Special Courts-Martial.
Subject to section 124A-32, special courts-martial have jurisdiction to try persons subject to this chapter for any offense for which they may be punished...
- 124a-35 Jurisdiction of Summary Courts-Martial.
(a) Subject to section 124A-32, summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, for any offense made punishable by...
- 124a-36 Sentences of Dismissal or Dishonorable Discharge to Be Approved by the Governor.
In the organized militia not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the...
- 124a-37 Complete Record of Proceedings and Testimony If Dishonorable Discharge, Bad Conduct Discharge, or Dismissal Adjudged.
A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony...
- 124a-38 Confinement Instead of Fine.
In the state military forces not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than...
PART V. APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL
- 124a-41 Who May Convene General Courts-Martial.
In the state military forces not in federal service, general courts-martial may be convened by the governor or by the adjutant general. [L 1982,...
- 124a-42 Special Courts-Martial of State Military Forces Not in Federal Service; Who May Convene.
(a) In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base,...
- 124a-43 Summary Courts-Martial of State Military Forces Not in Federal Service; Who May Convene.
(a) In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base,...
- 124a-44 Who May Serve on Courts-Martial.
(a) Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of...
- 124a-45 Law Officer of a General Court-Martial.
(a) The authority convening a general court-martial shall detail as law officer thereof a commissioned officer who is a member of the bar of...
- 124a-46 Detail of Trial Counsel and Defense Counsel.
(a) For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the...
- 124a-47 Detail or Employment of Reporters and Interpreters.
Under such rules as the governor may adopt, the convening authority of a general or special court-martial or court of inquiry shall detail or...
- 124a-48 Absent and Additional Members.
(a) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability...
PART VI. PRE-TRIAL PROCEDURE
PART VII. TRIAL PROCEDURE
- 124a-61 Governor to Adopt Rules.
Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial and other military tribunals, and procedures...
- 124a-62 Unlawfully Influencing Action of Court.
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,...
- 124a-63 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 shall, under the direction of...
- 124a-64 Sessions.
Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. After a general court-martial has finally...
- 124a-65 Continuances.
A court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just....
- 124a-66 Challenges.
(a) Members of a general or special court-martial and the law officer of a general court-martial may be challenged by the accused or the...
- 124a-67 Oaths.
(a) The law officer, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters...
- 124a-68 Statute of Limitations.
(a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be...
- 124a-69 Former Jeopardy.
(a) No person may, without the person's consent, be tried a second time in any military court of the State for the same offense....
- 124a-70 Pleas of the Accused.
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,...
- 124a-71 Opportunity to Obtain Witnesses and Other Evidence.
(a) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such...
- 124a-72 Refusal to Appear or Testify.
Any person not subject to this chapter who: (1) Has been duly subpoenaed to appear as a witness or to produce books and records...
- 124a-73 Contempts.
A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its...
- 124a-74 Depositions.
(a) At any time after charges have been signed, as provided in section 124A-51, any party may take oral or written depositions unless an...
- 124a-75 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...
- 124a-76 Voting and Rulings.
(a) Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by...
- 124a-77 Number of Votes Required.
(a) No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time that the...
- 124a-78 Court to Announce Action.
A court-martial shall announce its findings and sentence to the parties as soon as determined. [L 1982, c 171, pt of ยง2]
- 124a-79 Record of Trial.
(a) Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall...
PART VIII. SENTENCES
- 124a-81 Cruel and Unusual Punishments Prohibited.
Cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this chapter. The use of irons,...
- 124a-82 Maximum Limits.
The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this chapter. [L 1982, c 171, pt of
- 124a-83 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...
- 124a-84 Execution of Confinement.
(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the...
PART IX. REVIEW OF COURTS-MARTIAL
- 124a-91 Execution of Sentence; Suspension of Sentence.
Except as provided in sections 124A-37 and 124A-97, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by...
- 124a-92 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...
- 124a-93 General Court-Martial Records; Opinion by Staff Judge Advocate.
The convening authority shall refer the record of each general court-martial to the staff judge advocate who shall submit the staff judge advocate's written...
- 124a-94 Reconsideration and Revision.
(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty,...
- 124a-95 Rehearings.
(a) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority may, except where there is lack of sufficient...
- 124a-96 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...
- 124a-97 Review of Records; Disposition.
(a) If the convening authority is the governor, the convening authority's action on the review of any record of trial is final, subject only...
- 124a-98 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...
- 124a-99 Review Counsel.
(a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the...
- 124a-100 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...
- 124a-101 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, dishonorable or bad-conduct discharge,...
- 124a-102 Remission and Suspension.
(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b)...
- 124a-103 Restoration.
(a) Under such rules as the governor may adopt, all rights, privileges, and property affected by an executed part of a court-martial sentence which...
- 124a-104 Finality of Proceedings, Findings, and Sentences.
The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this chapter, and all dismissals and discharges carried into execution...
- 124a-105 Judicial Review.
(a) An accused, who was tried by a special or general court-martial and who still deems the accused's self aggrieved after the accused has...
PART X. PUNITIVE ARTICLES
- 124a-111 Persons to Be Tried or Punished; Offenses Subject to Jurisdiction; Conflicts Over Jurisdiction With Civil Authority or Courts.
(a) No person may be tried or punished for any offense provided for in sections 124A-112 to 124A-155 unless it was committed while the...
- 124a-112 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;...
- 124a-113 Accessory After the 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...
- 124a-114 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...
- 124a-115 Attempts.
(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though...
- 124a-116 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...
- 124a-117 Solicitation.
(a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 124A-120 or mutiny in...
- 124a-118 Fraudulent Enlistment, Appointment, or Separation.
Any person who: (1) Procures the person's own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as...
- 124a-119 Unlawful Enlistment, Appointment, or Separation.
Any person subject to this chapter who effects an enlistment or appointment in or a separation from the state military forces of any person...
- 124a-120 Desertion.
(a) Any member of the state military forces who: (1) Without authority goes or remains absent from the member's unit, organization, or place of...
- 124a-121 Absence Without Leave.
Any person subject to this chapter who, without authority: (1) Fails to go to the person's appointed place of duty at the time prescribed;...
- 124a-122 Missing Movement.
Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which the person...
- 124a-123 Contempt Towards Officials.
Any person subject to this chapter who uses contemptuous words against the President, the governor, or the governor of any other state, territory, commonwealth,...
- 124a-124 Disrespect Towards Superior Commissioned Officer.
Any person subject to this chapter who behaves with disrespect towards the person's superior commissioned officer shall be punished as a court-martial may direct....
- 124a-125 Assaulting or Wilfully Disobeying Superior Commissioned Officer.
Any person subject to this chapter who: (1) Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any...
- 124a-126 Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer.
Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer, noncommissioned officer or petty officer, while that officer is in...
- 124a-127 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...
- 124a-128 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 person's orders...
- 124a-129 Mutiny or Sedition.
(a) Any person subject to this chapter who: (1) With intent to usurp or override lawful military authority refuses, in concert with any other...
- 124a-130 Resistance, Breach of Arrest, and Escape.
Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as...
- 124a-131 Releasing Prisoner Without Proper Authority.
Any person subject to this chapter who, without proper authority, releases any prisoner committed to the person's charge, or who through neglect or design...
- 124a-132 Unlawful Detention of Another.
Any person subject to this chapter who, except as provided by law or rule, apprehends, arrests, or confines any person shall be punished as...
- 124a-133 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...
- 124a-134 Misbehavior Before the 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...
- 124a-135 Subordinate Compelling Surrender.
Any person subject to this chapter who compels or attempts to compel the commander of any of the state military forces of the State,...
- 124a-136 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,...
- 124a-137 Forcing a Safeguard.
Any person subject to this chapter who forces a safeguard shall be punished as a court-martial may direct. [L 1982, c 171, pt of
- 124a-138 Captured or Abandoned Property.
(a) All persons subject to this chapter shall secure all public property taken from the enemy for the service of the United States, and...
- 124a-139 Aiding the 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...
- 124a-140 Misconduct of a 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...
- 124a-141 False Official Statements.
Any person subject to this chapter, who, with intent to deceive, signs any false record, return, rule, order, or other official document, knowing it...
- 124a-142 Military Property; Loss, Damage, Destruction, or Wrongful Disposition.
Any person subject to this chapter who, without proper authority: (1) Sells or otherwise disposes of; (2) Wilfully or through neglect damages, destroys, or...
- 124a-143 Property Other Than Military Property; Waste, Spoilage, or Destruction.
Any person subject to this chapter who, while in a duty status, wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or...
- 124a-144 Improper Hazarding of Vessel.
(a) Any person subject to this chapter who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of...
- 124a-145 Drunken or Reckless Driving.
Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a...
- 124a-146 Drunk on Duty; Sleeping on Post; Leaving Post Before Relief.
Any person subject to this chapter who is found drunk on duty or sleeping upon the person's post, or who leaves the person's post...
- 124a-147 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...
- 124a-148 Malingering.
Any person subject to this chapter who for the purpose of avoiding work, duty or service in the state military forces: (1) Feigns illness,...
- 124a-149 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...
- 124a-150 Provoking Speeches or Gestures.
Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be...
- 124a-151 Perjury.
Any person subject to this chapter who in a judicial proceeding or in a court of justice conducted under this chapter wilfully and corruptly...
- 124a-152 Frauds Against the 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...
- 124a-153 Larceny and Wrongful Appropriation.
(a) Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of...
- 124a-154 Conduct Unbecoming an Officer.
Any commissioned officer who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct. [L 1982, c 171, pt...
- 124a-155 General Article.
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the state military forces...
PART XI. MISCELLANEOUS PROVISIONS
Last modified: October 27, 2016