Section 40.470 – Jurisdiction presumed, burden of proof.
Effective – 28 Aug 1984 40.470. Jurisdiction presumed, burden of proof. — The jurisdiction of the military courts and boards established by sections 40.005 to 40.490 shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. ——– (L. 1984 […]
Section 40.400 – False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial.
Effective – 28 Aug 1984 40.400. False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial. — Any person subject to sections 40.005 to 40.490 shall, upon conviction, be punished as a court-martial may direct: (1) Who, knowing it to […]
Section 40.475 – Governor’s powers to delegate authority — exception.
Effective – 28 Aug 1984 40.475. Governor’s powers to delegate authority — exception. — The governor may delegate any authority vested in him under sections 40.005 to 40.490, and may provide for the subdelegation of any such authority, except the power given him by section 40.083. ——– (L. 1984 H.B. 1035 § 133)
Section 40.350 – Hostile forces, aid — court-martial.
Effective – 28 Aug 1984 40.350. Hostile forces, aid — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who: (1) Aids, or attempts to aid the hostile force with arms, ammunition, supplies, money, or other things; or (2) Without proper authority, knowingly harbors or protects […]
Section 40.355 – Hostile forces, capture — conduct improper — court-martial.
Effective – 28 Aug 1984 40.355. Hostile forces, capture — conduct improper — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who, while in the hands of a hostile force in time of war or civil disturbance: (1) For the purpose of securing favorable treatment […]
Section 40.360 – Signs official documents with intent to deceive — court-martial.
Effective – 28 Aug 1984 40.360. Signs official documents with intent to deceive — court-martial. — Any person subject to sections 40.005 to 40.490 who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to […]
Section 40.365 – Military property — sells, neglects, damages, destroys, loses — court-martial.
Effective – 28 Aug 1984 40.365. Military property — sells, neglects, damages, destroys, loses — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who, without proper authority: (1) Sells or otherwise disposes of; (2) Willfully or through neglect damages, destroys, or loses; or (3) Willfully […]
Section 40.370 – Property, not military — willfully, recklessly wastes or spoils — court-martial.
Effective – 28 Aug 1984 40.370. Property, not military — willfully, recklessly wastes or spoils — court-martial. — Any person subject to sections 40.005 to 40.490 who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States […]
Section 40.375 – Hazarding vessels of the United States or state, causing to be hazarded — court-martial.
Effective – 28 Aug 1984 40.375. Hazarding vessels of the United States or state, causing to be hazarded — court-martial. — 1. Any person subject to sections 40.005 to 40.490 who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state military […]
Section 40.380 – Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial.
Effective – 28 Aug 1984 40.380. Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial. — Any person subject to sections 40.005 to 40.490 who is found drunk, under the influence of any intoxicant, narcotic, barbiturate or somnifacient or similar substance, on duty or sleeping upon his post, or […]