37-B §445. Striking or disobeying an officer
§445. Striking or disobeying an officer Any person subject to this Code who strikes a superior officer or draws or lifts up any weapon or offers any violence against a superior officer while that officer is in the execution of that office or willfully disobeys a lawful command of the superior officer must be punished […]
37-B §461. Sexual assault
§461. Sexual assault 1. Prohibition; sexual assault. Any person subject to this Code who commits an offense prohibited under Title 17‑A, chapter 11 is guilty of that offense under this Code. [PL 2013, c. 251, §6 (NEW).] 2. Punishment. Any person found guilty of an offense prohibited under Title 17‑A, chapter 11 must be […]
37-B §446. Striking or disobeying a noncommissioned officer
§446. Striking or disobeying a noncommissioned officer Any member who strikes or assaults an officer or noncommissioned officer while that officer or noncommissioned officer is in the execution of that office, willfully disobeys the lawful order of an officer or noncommissioned officer, or treats with contempt or is disrespectful in language or deportment toward an […]
37-B §462. Operating under the influence
§462. Operating under the influence 1. Prohibition; operating under the influence. Any person subject to this Code who commits an offense prohibited under Title 29‑A, section 2411 is guilty of that offense under this Code. [PL 2019, c. 341, §15 (NEW).] 2. Punishment. Any person subject to this Code who is found guilty of […]
37-B §431. Approval of findings and sentence
§431. Approval of findings and sentence 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 such part or amount of the sentence, as the convening authority finds correct in law and fact and as the convening authority in the convening […]
37-B §432. Reconsideration
§432. Reconsideration 1. Return of record. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. [PL 1983, c. 460, §3 […]
37-B §433. Appeal
§433. Appeal Upon petition of the accused, the Supreme Judicial Court shall review the record of any court-martial approved by the convening authority. [PL 2001, c. 662, §54 (AMD).] The accused shall file the petition for review within 30 days of the time the accused is notified of the approval of the case by […]
37-B §434. Judicial review
§434. Judicial review In any case reviewed by it, the Supreme Judicial Court may act with respect to any of the findings and sentence as approved by the convening authority. The Supreme Judicial Court shall take action only with respect to matters of law. [PL 1983, c. 460, §3 (NEW).] If the Supreme Judicial […]
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 […]