Effective – 28 Aug 1984 40.250. Attempt to commit offense even though failing in commission is offense, when. — 1. An act, done with specific intent to commit an offense under sections 40.005 to 40.490, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit […]
Effective – 28 Aug 1984 40.255. Conspirators, deemed to have committed offense, when. — Any person subject to sections 40.005 to 40.490 who conspires with any other person to commit an offense under sections 40.005 to 40.490 shall, if one or more of the conspirators does an act to effect the object of the conspiracy, […]
Effective – 28 Aug 1984 40.260. Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment. — 1. Any person subject to sections 40.005 to 40.490 who solicits or advises another or others to desert in violation of section 40.273 or mutiny […]
Effective – 28 Aug 1984 40.265. False representation to procure enlistment — appointment — separation — court-martial proceedings. — Any person who: (1) Procures his own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person’s qualifications for that enlistment or appointment and receives pay or […]
Effective – 28 Aug 1984 40.270. Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial. — Any person subject to sections 40.005 to 40.490 who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person to be ineligible […]
Effective – 28 Aug 1984 40.273. Desertion, defined — punishment by court-martial. — 1. Any member of the state military forces who: (1) Without authority goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his unit, organization or place of duty with […]
Effective – 28 Aug 1984 40.276. Absent from place of duty — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who, without authority: (1) Fails to go to the person’s appointed place of duty at the time prescribed; (2) Goes from that place; or (3) […]
Effective – 28 Aug 1984 40.278. Missing ship, aircraft or unit — court-martial. — Any person subject to sections 40.005 to 40.490 who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial […]
Effective – 28 Aug 1984 40.280. Contemptuous words, used against certain officials — court-martial. — Any person subject to sections 40.005 to 40.490 who uses contemptuous words against the President of the United States, Vice President of the United States, Congress, Secretary of Defense, or a secretary of a department, the governor of the state […]
Effective – 28 Aug 1984 40.285. Disrespect to superior commissioned officer — court-martial. — Any person subject to sections 40.005 to 40.490 who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. ——– (L. 1984 H.B. 1035 § 90)
Effective – 28 Aug 1984 40.290. Violence or willfully disobeying command of superior commissioned officer. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who: (1) Strikes the person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior commissioned […]
Effective – 28 Aug 1984 40.295. Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when. — Any warrant officer or enlisted member shall be punished as a court-martial may direct who: (1) Strikes or assaults a warrant officer, noncommissioned officer or petty officer, while that officer is in the […]
Effective – 28 Aug 1984 40.300. Orders — failure or dereliction in obeying — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by […]
Effective – 28 Aug 1984 40.305. Cruelty or maltreatment of persons subject to his orders — court-martial. — Any person subject to sections 40.005 to 40.490 who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct. ——– (L. 1984 H.B. […]
Effective – 28 Aug 1984 40.307. Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial. — 1. Any person subject to sections 40.005 to 40.490 who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or […]
Effective – 28 Aug 1984 40.310. Arrest, resists or breaks — escape from confinement — court-martial. — Any person subject to sections 40.005 to 40.490 who resists apprehension or breaks arrest or who escapes from physical custody, restraint, or confinement lawfully imposed shall be punished as a court-martial may direct. ——– (L. 1984 H.B. 1035 […]
Effective – 28 Aug 1984 40.312. Escape by neglect or improper release of prisoners — court-martial. — Any person subject to sections 40.005 to 40.490 who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may […]
Effective – 28 Aug 1984 40.315. False apprehension, arrest, confinement — court-martial. — Any person subject to sections 40.005 to 40.490 who, except as provided by law or regulation, apprehends, arrests, restrains, or confines any person shall be punished as a court-martial may direct. ——– (L. 1984 H.B. 1035 § 98)
Effective – 28 Aug 1984 40.320. Delay in case — failure to enforce regulation of proceedings — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense […]
Effective – 28 Aug 1984 40.325. Hostile force, in presence of, commits certain offenses — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who before or in the presence of a hostile force: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, […]
