Oregon Statutes - Chapter 398 - Military Justice - Section 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 persons subject to this code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance shall not be taken of, and jurisdiction may not extend to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, aggravated assault, burglary or housebreaking, unless the State of Oregon does not have jurisdiction to prosecute the offense under the general criminal laws of this state or, if the State of Oregon has such jurisdiction, chooses not to exercise that jurisdiction. [1985 c.682 §10; 1999 c.157 §7]

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Last modified: August 7, 2008