Section 104 – Individuals subject to chapter — Jurisdiction over offenses.
Effective 5/4/2022 39A-5-104. Individuals subject to chapter — Jurisdiction over offenses. (1) The following individuals are subject to this chapter: (a) all members of the National Guard, including full-time members serving under Title 32, United States Code; and (b) all other individuals lawfully ordered to duty in or with the National Guard or the Utah […]
Section 105 – Application of chapter in and outside of the state — Military courts held outside the state.
Effective 5/4/2022 39A-5-105. Application of chapter in and outside of the state — Military courts held outside the state. (1) This chapter applies to all individuals: (a) subject to this chapter within the state; (b) otherwise subject to this chapter while serving outside the state; and (c) while going to and returning from the service […]
Section 106 – Offenses against the state by individual not subject to chapter.
Effective 5/4/2022 39A-5-106. Offenses against the state by individual not subject to chapter. An individual not subject to this chapter is guilty of an offense against the state if the individual willfully neglects or refuses to appear, refuses to qualify as a witness or to testify, or refuses to produce any evidence which the individual […]
Section 107 – Apprehension.
Effective 5/4/2022 39A-5-107. Apprehension. (1) An individual authorized under this chapter or rules promulgated pursuant to this chapter to apprehend individuals subject to this chapter, any provost marshal of a military court appointed under this chapter, and any peace officer authorized by law, may apprehend individuals subject to this chapter upon probable cause to believe […]
Section 108 – Arrest.
Effective 5/4/2022 39A-5-108. Arrest. (1) An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend individuals. (2) A commanding officer may authorize warrant officers […]
Section 109 – Fraudulently obtained discharge — Desertion — Limitations — Tolling of time limits.
Effective 5/4/2022 39A-5-109. Fraudulently obtained discharge — Desertion — Limitations — Tolling of time limits. (1) An individual discharged from the National Guard who is later charged with having fraudulently obtained the discharge is subject to trial by a military court on that charge. (2) After apprehension, the individual is subject to this chapter while […]
Section 110 – Confinement.
Effective 5/4/2022 39A-5-110. Confinement. (1) (a) An individual subject to this chapter, who is charged with an offense under this chapter, may be ordered into arrest or confinement, as circumstances require. (b) When an individual subject to this chapter is placed into arrest or confinement prior to trial, action shall be taken immediately to notify […]
Section 111 – Parties under obligation to keep a prisoner — Reporting.
Effective 5/4/2022 39A-5-111. Parties under obligation to keep a prisoner — Reporting. (1) A provost marshal, sheriff, or officer of a city or county jail or penal institution designated under Section 39A-5-110, may not refuse to receive or keep any prisoner if the committing officer provides a signed statement indicating the offense charged against the […]
Section 104 – Term of force enlistment — Oaths.
Effective 5/4/2022 39A-4-104. Term of force enlistment — Oaths. (1) An individual may not be enlisted in the Defense Force for more than one year, but an enlistment may be renewed. (2) The oath to be taken upon enlistment in the Defense Force shall be substantially in the form prescribed for enlisted individuals of the […]
Section 105 – Oaths of force officers.
Effective 5/4/2022 39A-4-105. Oaths of force officers. The oath to be taken by officers commissioned in the Defense Force shall be substantially in the form prescribed for officers of the National Guard, but substituting the words “Utah State Defense Force,” where necessary. Renumbered and Amended by Chapter 373, 2022 General Session