Section 20-12-1 – Short title.

Chapter 20, Article 12 NMSA 1978 may be cited as the “Code of Military Justice”. History: 1978 Comp., § 20-12-1, enacted by Laws 1987, ch. 318, § 86.

Section 20-12-10 – Forfeitures or fines.

In a sentence or approved nonjudicial punishment which includes forfeiture of pay or a fine, the adjutant general shall designate the military purpose to which the funds may be applied which may include the state armory board fund, a local armory board fund or the awards fund. A cash collection may be substituted for a […]

Section 20-12-11 – Nonjudicial punishment.

A. The rules and procedures for the imposition of nonjudicial punishment shall be as prescribed in Article 15, Uniform Code of Military Justice and in the Manual for Courts-Martial, United States, 1984, Part V, except as stated to the contrary in Subsection D of Section 20-12-4 NMSA 1978 and as follows in this section. B. […]

Section 20-12-12 – Absence without leave; confinement during period of duty.

Any member of the national guard who fails to either report for or remain present for unit training assembly, drill, or annual training when so ordered shall be subject to confinement for the duration of that training assembly or annual training to include nights between days of training. The sheriff or any other peace officer […]

Section 20-12-13 – Accessory after the fact.

Any person subject to Chapter 20 NMSA 1978 who, knowing that an offense punishable by that chapter has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-13, enacted by Laws 1989, ch. […]

Section 20-12-14 – 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 or an offense necessarily included therein. History: 1978 Comp., § 20-12-14, enacted by Laws 1989, ch. 337, § 13. ANNOTATIONS Effective dates. — Laws 1989, ch. 337 contained no effective […]

Section 20-12-15 – Attempts.

A. An act, done with specific intent to commit an offense under Chapter 20 NMSA 1978, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. B. Any person subject to Chapter 20 NMSA 1978 who attempts to commit any offense punishable by […]

Section 20-12-16 – Conspiracy.

Any person subject to Chapter 20 NMSA 1978 who conspires with any other person to commit an offense under that chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. History: 1978 Comp., § 20-12-16, enacted by Laws 1989, […]

Section 20-12-17 – Solicitation.

Any person subject to Chapter 20 NMSA 1978 who solicits or advises another or others to desert in violation of Section 20-12-20 NMSA 1978 or mutiny in violation of Section 20-12-29 NMSA 1978 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the […]

Section 20-12-18 – Fraudulent enlistment, appointment or separation.

Any person who procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances thereunder or procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility […]

Section 20-12-19 – Unlawful enlistment, appointment or separation.

Any person subject to Chapter 20 NMSA 1978 who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may […]

Section 20-12-2 – Adoption of Uniform Code of Military Justice; Manual for Courts-Martial, United States, 1984; United States military regulations and directives; decisions of United States court of military appeals and courts of military review; limitations and exceptions.

The Uniform Code of Military Justice, Title 10, Chapter 47, United States Code; the Manual for Courts-Martial, United States, 1984, (Executive Order No. 12437 (13 April 1984), as amended); the regulations and directives of the United States military forces made applicable to the national guard; and the decisions of the United States court of military […]

Section 20-12-20 – Desertion.

A. Any member of the armed forces who: (1) without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly […]

Section 20-12-21 – Absence without leave.

Any member of the armed forces who without authority: A. fails to go to his appointed place of duty at the time prescribed; B. goes from that place; or C. absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed; shall […]

Section 20-12-22 – Missing movement.

Any person subject to Chapter 20 NMSA 1978 who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-22, enacted by Laws 1989, ch. 337, § 21. […]

Section 20-12-23 – Contempt toward officials.

Any commissioned officer who uses contemptuous words against the president of the United States, the vice president of the United States, a member of congress, the United States secretary of defense, the secretary of a military department, the secretary of the United States department of transportation or the governor or legislature of any state, territory, […]

Section 20-12-24 – Disrespect toward superior commissioned officer.

Any person subject to Chapter 20 NMSA 1978 who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-24, enacted by Laws 1989, ch. 337, § 23. ANNOTATIONS Effective dates. — Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. […]

Section 20-12-25 – Assaulting or willfully disobeying superior commissioned officer.

Any person subject to Chapter 20 NMSA 1978 who strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office or willfully disobeys a lawful command of his superior commissioned officer shall be punished, if the offense is committed […]

Section 20-12-26 – Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

Any warrant officer or enlisted member who: A. strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office; B. willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or C. treats with contempt or is disrespectful in language or […]

Section 20-12-27 – Failure to obey order or regulation.

Any person subject to Chapter 20 NMSA 1978 who: A. violates or fails to obey any lawful general order or regulation; B. having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or C. is derelict in the […]