New York Military Law Part 10 - PUNITIVE ARTICLES
- 130.73 - 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...
- 130.74 - 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...
- 130.75 - 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...
- 130.76 - Attempts.
(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending but failing to...
- 130.77 - Conspiracy.
Any person subject to this code who conspires with any other person or persons to commit an offense under this code shall, if one or...
- 130.78 - Solicitation.
(a) Any person subject to this code who solicits or advises another or others to desert in violation of section 130.81 or mutiny in violation...
- 130.79 - Fraudulent Enlistment, Appointment, or Separation.
Any person who--(1) procures his own enlistment or appointment in the organized militia by means of knowingly false representations or deliberate concealment as to his...
- 130.80 - 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...
- 130.81 - Desertion.
(a) Any member of the organized militia who-- (1) without proper authority goes or remains absent from his place of service, organization, or place of...
- 130.82 - Absence Without Leave.
Any person subject to this code who, without proper authority-- (1) fails to go to his appointed place of duty at the time prescribed; or...
- 130.83 - 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 is required...
- 130.84 - Contempt Towards Officials.
Any person subject to this code who uses contemptuous words against the president, the governor or the legislature shall be punished as a court-martial may
- 130.85 - Disrespect Towards Superior Officer.
Any person subject to this code who behaves with disrespect towards his superior officer shall be punished as a court-martial may direct.
- 130.86 - Assaulting or Willfully Disobeying Officer.
Any person subject to this code who-- (1) strikes his superior officer or draws or lifts up any weapon or offers any violence against him...
- 130.87 - Insubordinate Conduct Toward Noncommissioned Officer or Warrant Officer.
Any warrant officer or enlisted person who-- (1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while such officer is in the...
- 130.88 - Failure to Obey Order or Regulations.
Any person subject to this code who-- (1) violates or fails to obey any lawful general order or regulation; or (2) having knowledge of any...
- 130.89 - Cruelty and Maltreatment.
130.89 Cruelty and maltreatment. Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to...
- 130.90 - Mutiny or Sedition.
(a) Any person subject to this code-- (1) who with intent to usurp or override lawful military authority refuses, in concert with any other person...
- 130.91 - Arrest and Confinement.
Any person subject to this code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial...
- 130.92 - Releasing Prisoner Without Proper Authority.
Any person subject to this code who, without proper authority, releases any prisoner duly committed to his charge, or who through neglect or design suffers...
- 130.93 - Unlawful Detention of Another.
Any person subject to this code who, except as provided by law or regulations, apprehends, arrests, or confines any person shall be punished as a...
- 130.94 - 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...
- 130.95 - Misbehavior Before the Enemy.
Any person subject to this code who before or in the presence of the enemy-- (1) runs away; or (2) shamefully abandons, surrenders, or delivers...
- 130.96 - Subordinate Compelling Surrender.
Any person subject to this code who compels or attempts to compel a commander of any place, vessel, aircraft, or other military property, or of...
- 130.97 - 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...
- 130.98 - Forcing a Safeguard.
Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
- 130.99 - Captured or Abandoned Property.
(a) All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall...
- 130.100 - 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 thing; or (2)...
- 130.101 - Misconduct As 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...
- 130.102 - 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 the same...
- 130.103 - Military Property--- Loss, Damage, Destruction, or Wrongful Disposition.
130.103. Military property--loss, damage, destruction, or wrongful disposition. Any person subject to this code who, without proper authority-- (1) sells or otherwise disposes of; or...
- 130.104 - Property Other Than Military Property--- Waste, Spoil, or Destruction.
130.104. Property other than military property-- waste, spoil, or destruction. Any person subject to this code who, while on active state duty or in a...
- 130.105 - 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...
- 130.106 - Drunken or Reckless Driving.
Any person subject to this code who, while on active state duty or in a duty status other than active state duty, operates any vehicle...
- 130.107 - Drunk on Duty--- Misbehavior.
130.107. Drunk on duty--misbehavior. Any person subject to this code who is found drunk on duty or drunk or sleeping upon his post, or who...
- 130.108 - Dueling.
Any person subject to this code who, while on active state duty or in a duty status other than active state duty, fights or promotes,...
- 130.109 - Malingering.
Any person subject to this code who for the purpose of avoiding work, duty, or service in the militia-- (1) feigns illness, physical disablement, mental...
- 130.110 - Riot or Breach of Peace.
Any person subject to this code who, while on active state duty or in a duty status other than active state duty, causes or participates...
- 130.111 - Provoking Speeches or Gestures.
Any person subject to this code who, while on active state duty or in a duty status other than active state duty, uses provoking or...
- 130.112 - Perjury.
Any person subject to this code who, in a judicial proceeding or course of justice conducted pursuant to this code, willfully and corruptly (1) gives,...
- 130.113 - 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...
- 130.114 - Conduct Unbecoming an Officer and Gentleman.
Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
- 130.115 - General Section.
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia and all...
Last modified: February 3, 2019