Section 5100 – Short title of part (Repealed)

§ 5100. Short title of part (Repealed). 2012 Repeal. Section 5100 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.

Section 5101 – Short title of part

§ 5101. Short title of part. This part shall be known and may be cited as the Pennsylvania Code of Military Justice.

Section 5102 – Definitions

§ 5102. Definitions. Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Accuser.” A person who signs and […]

Section 5103 – Persons subject to part

§ 5103. Persons subject to part. This part applies to all members of the State military forces who are not in a Federal status under which they are subject to the Uniform Code of Military Justice (64 Stat. 109, 10 U.S.C. § 801 et seq.).

Section 5104 – Subject matter jurisdiction

§ 5104. Subject matter jurisdiction. (a) General rule.–Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces. (b) Military offenses.–Courts-martial have primary jurisdiction of military offenses as defined in this part. (c) Nonmilitary offenses.–A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission […]

Section 5105 – Jurisdiction to try certain personnel

§ 5105. Jurisdiction to try certain personnel. (a) Discharge obtained fraudulently.–Each person subject to this part discharged from the State military forces who is later charged with having fraudulently obtained a discharge shall be, subject to section 5708 (relating to statute of limitations), subject to trial by court-martial on said charge and shall after apprehension […]

Section 5106 – Dismissal of commissioned officer

§ 5106. Dismissal of commissioned officer. (a) Court-martial proceedings.–Any commissioned officer subject to this part dismissed by order of the Governor may make a written application for trial by court-martial, setting forth, under oath, that the officer has been wrongfully dismissed. In such event, the Governor, as soon as practicable, shall convene a general court-martial […]

Section 5107 – Territorial applicability

§ 5107. Territorial applicability. (a) General rule.–This part has applicability at all times and in all places, provided that the person accused is subject to this part and subject matter jurisdiction is established under section 5104 (relating to subject matter jurisdiction). (b) Location of proceedings.–Courts-martial and courts of inquiry may be convened and held in […]

Section 5108 – Judge advocates and legal officers

§ 5108. Judge advocates and legal officers. (a) Appointment of State Judge Advocate.–The Governor, on the recommendation of the Adjutant General, shall appoint a judge advocate officer of the State military forces as the State Judge Advocate. To be eligible for appointment, such officer shall have been a member of the bar of the Supreme […]