Revised Code of Washington - RCW Title 38 Militia And Military Affairs - Chapter 38.38 Washington Code Of Military Justice

38.38.004 Definitions
In this chapter, unless the context otherwise requires: (1) "Organized militia" means the national guard of the state, as defined in section 101(3) of title ...

38.38.008 Persons subject to this code
This code applies to all members of the organized militia who are not in federal service.[1989 c 48 § 2; 1963 c 220 § 2.] ...

38.38.012 Jurisdiction to try certain personnel
No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation ...

38.38.016 Dismissal of commissioned officer
(1) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that he ...

38.38.020 Territorial applicability of the code
(1) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, ...

38.38.024 Judge advocates and legal officers
(1) The governor, on the recommendation of the adjutant general, shall appoint an officer of the organized militia as state judge advocate. To be eligible ...

38.38.064 Apprehension
(1) Apprehension is the taking of a person into custody. (2) Any person authorized by this code, or by regulations issued under it, to apprehend ...

38.38.068 Apprehension of deserters
Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the ...

38.38.072 Imposition of restraint
(1) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within ...

38.38.076 Restraint of persons charged with offenses
Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but ...

38.38.080 Confinement in jails
Persons confined other than in a guard house, whether before, during or after trial by a military court, shall be confined in civil jails, penitentiaries, ...

38.38.084 Reports and receiving of prisoners
(1) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, ...

38.38.088 Punishment prohibited before trial
Subject to RCW 38.38.488, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than ...

38.38.092 Delivery of offenders to civil authorities
(1) Under such regulations as may be prescribed under this code a person subject to this code who is on active state service or inactive ...

38.38.132 Commanding officer's nonjudicial punishment -- Suspension -- Appeal
(1) Under such regulations as the governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind ...

38.38.172 Courts-martial of organized militia not in federal service -- Composition -- Jurisdiction -- Powers and proceedings
(1) In the organized militia not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed forces of ...

38.38.176 Jurisdiction of courts-martial in general
Each force of the organized militia has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel ...

38.38.180 Jurisdiction of general courts-martial
Subject to RCW 38.38.176, general courts martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and ...

38.38.184 Jurisdiction of special courts-martial -- Dishonorable discharge
Subject to RCW 38.38.176, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may be punished under ...

38.38.188 Jurisdiction of summary courts-martial
(1) Subject to RCW 38.38.176, summary courts-martial have jurisdiction to try persons subject to this code, except officers for any offense made punishable by this ...

38.38.192 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 governor.[1963 ...

38.38.196 Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged
A dishonorable discharge or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has ...

38.38.200 Confinement instead of fine
In the organized militia not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day ...

38.38.240 Who may convene general courts-martial
In the organized militia not in federal service, general courts-martial may be convened by the president or by the governor, or by the commanding general ...

38.38.244 Special courts-martial of organized militia not in federal service -- Who may convene
(1) In the organized militia not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other ...

38.38.248 Summary courts-martial of organized militia not in federal service -- Who may convene
(1) In the organized militia not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other ...

38.38.252 Who may serve on courts-martial
(1) Any commissioned officer of or on duty with the organized militia is eligible to serve on all courts-martial for the trial of any person ...

38.38.256 Military judge of a general or special court-martial
(1) A military judge shall be detailed to each general court-martial. Subject to regulations of the governor, a military judge may be detailed to any ...

38.38.260 Detail of trial counsel and defense counsel
(1)(a) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may ...

38.38.264 Detail or employment of reporters and interpreters
Under such regulations as the governor may prescribe, the convening authority of a general or special court martial or court of inquiry shall detail or ...

38.38.268 Absent and additional members
(1) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the ...

38.38.308 Charges and specifications
(1) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer ...

38.38.312 Compulsory self-incrimination prohibited
(1) No person subject to this code may compel persons to incriminate themselves or to answer any question the answer to which may tend to ...

38.38.316 Investigation
(1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set ...

38.38.320 Forwarding of charges
When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or ...

38.38.324 Advice of state judge advocate and reference for trial
(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and ...

38.38.328 Service of charges
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon ...

38.38.368 Governor may prescribe rules
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, ...

38.38.372 Unlawfully influencing action of court
(1) 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, ...

38.38.376 Duties of trial counsel and defense counsel
(1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the ...

38.38.380 Sessions
(1) 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, ...

38.38.384 Continuances
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time and as ...

38.38.388 Challenges
(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated ...

38.38.392 Oaths
(1) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense ...

38.38.396 Statute of limitations
(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried ...

38.38.400 Former jeopardy
(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense. (2) ...

38.38.404 Pleas of the accused
(1) 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, ...

38.38.408 Opportunity to obtain witnesses and other evidence
(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations ...

38.38.412 Refusal to appear or testify -- Penalty
(1) Any person not subject to this code who: (a) Has been duly subpoenaed to appear as a witness or to produce books and records ...

38.38.416 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 proceedings ...

38.38.420 Depositions
(1) At any time after charges have been signed, as provided in RCW 38.38.308, any party may take oral or written depositions unless a military ...

38.38.424 Admissibility of records of courts of inquiry
(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of ...

38.38.428 Voting, rulings, instructions
(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a ...

38.38.432 Number of votes required
(1) No person may be convicted of an offense, except as provided in RCW 38.38.404(2) or by the concurrence of two-thirds of the members present ...

38.38.436 Court to announce action
A court martial shall announce its findings and sentence to the parties as soon as determined.[1963 c 220 § 55.] ...

38.38.440 Record of trial
(1) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by ...

38.38.480 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 any ...

38.38.484 Maximum limits -- Reduction in pay grade
(1) The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code. (2) Unless otherwise provided in regulations ...

38.38.488 Effective date of sentences
(1) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under ...

38.38.492 Execution of confinement
(1) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge ...

38.38.532 Execution of sentence -- Suspension of sentence
Except as provided in RCW 38.38.196 and 38.38.556, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him ...

38.38.536 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 ...

38.38.540 Initial action on the record -- General court-martial records
The convening authority shall refer the record of each general court-martial to the staff judge advocate, who shall submit a written opinion thereon to the ...

38.38.544 Reconsideration and revision
(1) If a specification before a court martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, ...

38.38.548 Rehearings
(1) If the convening authority disapproves the findings and sentence of a court martial he may, except where there is lack of sufficient evidence in ...

38.38.552 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 ...

38.38.556 Review of records -- Disposition
(1) If the convening authority is the governor, the governor's action on the review of any record of trial is final. (2) In all other ...

38.38.560 Error of law -- Lesser included offense
(1) A finding or sentence of a court martial may not be held incorrect on the ground of an error of law unless the error ...

38.38.564 Review counsel
(1) Upon the final review of a sentence of a general court-martial, the accused has the right to be represented by counsel before the reviewing ...

38.38.568 Vacation of suspension
(1) Before the vacation of the suspension of a special court-martial sentence, or of any general court-martial sentence, the officer having special court-martial jurisdiction over ...

38.38.572 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 or dishonorable discharge, the accused ...

38.38.576 Remission and suspension
(1) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (2) The ...

38.38.580 Restoration
(1) Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has ...

38.38.584 Finality of proceedings, findings and sentences
The proceedings, findings and sentences of courts martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution ...

38.38.624 Persons to be tried or punished
No person may be tried or punished for any offense provided for in RCW 38.38.628 through 38.38.800, unless it was committed while he was in ...

38.38.628 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 ...

38.38.632 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 ...

38.38.636 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 ...

38.38.640 Attempts
(1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing ...

38.38.644 Conspiracy
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of ...

38.38.648 Solicitation
(1) Any person subject to this code who solicits or advises another or others to desert in violation of RCW 38.38.660 or mutiny in violation ...

38.38.652 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 to ...

38.38.656 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 ...

38.38.660 Desertion
(1) Any member of the organized militia who: (a) Without authority goes or remains absent from the member's unit, organization, or place of duty with ...

38.38.664 Absence without leave
Any person subject to this code who, without authority: (1) Fails to go to his appointed place of duty at the time prescribed; (2) Goes ...

38.38.668 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 ...

38.38.672 Contempt towards officials
Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or ...

38.38.676 Disrespect towards superior commissioned officer
Any person subject to this code who behaves with disrespect towards his superior commissioned officer shall be punished as a court martial may direct.[1963 c ...

38.38.680 Assaulting or wilfully disobeying superior commissioned officer
Any person subject to this code who: (1) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against ...

38.38.684 Insubordinate conduct toward warrant officer or noncommissioned officer
Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of ...

38.38.688 Failure to obey order or regulation
Any person subject to this code who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other ...

38.38.692 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 orders shall be ...

38.38.696 Mutiny or sedition
(1) Any person subject to this code who: (a) With intent to usurp or override lawful military authority refuses, in concert with any other person, ...

38.38.700 Resistance, breach of arrest, and escape
Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a ...

38.38.704 Releasing prisoner without proper authority
Any person subject to this code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any ...

38.38.708 Unlawful detention of another
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 ...

38.38.712 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 ...

38.38.716 Misbehavior before the enemy
Any person subject to this code who before or in the presence of the enemy: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up ...

38.38.720 Subordinate compelling surrender
Any person subject to this code who compels or attempts to compel the commander of any of the organized militia of the state, or of ...

38.38.724 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 ...

38.38.728 Forcing a safeguard
Any person subject to this code who forces a safeguard shall be punished as a court martial may direct.[1963 c 220 § 101.] ...

38.38.732 Captured or abandoned property
(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall ...

38.38.736 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 things; or (2) ...

38.38.740 Misconduct of 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 ...

38.38.744 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 it to ...

38.38.748 Military property -- Loss, damage, destruction, or wrongful disposition
Any person subject to this code who, without proper authority: (1) Sells or otherwise disposes of; (2) Wilfully or through neglect damages, destroys, or loses; ...

38.38.752 Property other than military property -- Waste, spoilage, or destruction
Any person subject to this code who, while in a duty status, wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or damages ...

38.38.756 Improper hazarding of vessel
(1) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the ...

38.38.760 Drunken or reckless driving
Any person subject to this code who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court ...

38.38.764 Drunk on duty -- Sleeping on post -- Leaving post before relief
Any person subject to this code who is found drunk on duty or sleeping upon his post, or who leaves his post before he is ...

38.38.768 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 ...

38.38.772 Malingering
Any person subject to this code who for the purpose of avoiding work, duty or service in the organized militia: (1) Feigns illness, physical disablement, ...

38.38.776 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 ...

38.38.780 Provoking speeches or gestures
Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished ...

38.38.784 Perjury
Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code wilfully and corruptly gives, ...

38.38.788 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, ...

38.38.792 Larceny and wrongful appropriation
(1) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any ...

38.38.796 Conduct unbecoming an officer and a gentleman
Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court martial may direct.[1963 c 220 ...

38.38.800 General article
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, of which ...

38.38.840 Courts of inquiry
(1) Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that ...

38.38.844 Authority to administer oaths
(1) The following members of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken ...

38.38.848 Sections to be explained
RCW 38.38.008, 38.38.012, 38.38.064 through 38.38.132, 38.38.252, 38.38.260, 38.38.372, 38.38.480, 38.38.624 through 38.38.792, and 38.38.848 through 38.38.860 shall be carefully explained to every enlisted member ...

38.38.852 Complaints of wrongs
Members of the organized militia who believe themselves wronged by their commanding officer, and who, upon due application to that commanding officer, are refused redress, ...

38.38.856 Redress of injuries to property
(1) Whenever complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person's ...

38.38.860 Execution of process and sentence
In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the ...

38.38.864 Process of military courts
(1) Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenae and subpoenae duces ...

38.38.868 Payment of fines and disposition thereof
Fines imposed by a military court may be paid to it or to an officer executing its process. The amount of such a fine may ...

38.38.872 Immunity for action of military courts
No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under ...

38.38.876 Presumption of jurisdiction
The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking ...

38.38.880 Delegation of authority by the governor
The governor may delegate any authority vested in him under this code, and may provide for the subdelegation of any such authority, except the power ...

38.38.884 Uniformity of interpretation
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and, so ...

38.38.888 Short title
This chapter may be cited as the "Washington code of military justice."[1963 c 220 § 132.] ...