37-B §463. Harassment
§463. Harassment 1. Prohibition; criminal harassment. Any person subject to this Code who commits an offense prohibited under Title 17‑A, section 506‑A is guilty of that offense under this Code. [PL 2021, c. 634, Pt. B, §12 (NEW).] 2. Punishment. Any person found guilty of an offense prohibited under Title 17‑A, section 506‑A must […]
37-B §448. Mutiny; sedition
§448. Mutiny; sedition 1. Offense. Any person subject to this Code who: A. With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do the person’s duty or creates any violence or disturbance is guilty of mutiny; [RR 2019, c. 1, Pt. […]
37-B §449. Breaking arrest
§449. Breaking arrest 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 may direct. [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).
37-B §450. Under influence of alcohol or drugs on duty
§450. Under influence of alcohol or drugs on duty Any person subject to this Code who is found under the influence of alcoholic liquor or any drug while on duty or reporting for duty must be punished as a court-martial may direct. [PL 2001, c. 662, §58 (AMD).] SECTION HISTORY PL 1983, c. 460, […]
37-B §435. Approval by the Governor
§435. Approval by the Governor No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount or commuted form of the sentence as the Governor sees fit, and may suspend the execution of the sentence or any part of the sentence. [RR 2019, c. […]
37-B §420. Composition of court-martial
§420. Composition of court-martial 1. Commissioned officer. A commissioned officer is eligible to serve on any court-martial for the trial of a person who may lawfully be brought before the court for trial. [PL 1983, c. 460, §3 (NEW).] 2. Warrant officer. A warrant officer is eligible to serve on a court-martial for the […]
37-B §436. New trial
§436. New trial At any time after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. The state judge advocate shall review the petition, the record and such other evidence as […]
37-B §421. Military judge
§421. Military judge 1. Appointment. The authority convening a court-martial shall designate a military judge to preside over each case. [PL 1983, c. 460, §3 (NEW).] 2. Qualifications. A military judge shall: A. Possess the following military qualifications: (1) Be a commissioned officer of the state military forces; (2) Be a […]
37-B §437. Restoration of rights
§437. Restoration of rights All rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and that executed part is included in a sentence imposed upon the new […]
37-B §422. Counsel
§422. Counsel 1. Appointment. For each court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the authority considers appropriate. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel, or unless expressly […]