Section 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 State Defense Force, from the date required by the terms of the order or other directive.

• (2)
  • (a) If there is a military activation by the federal government, all activated individuals who would otherwise be under the jurisdiction of this chapter are subject to concurrent jurisdiction under federal and state law.
  • (b) Individuals under this subsection may only be tried for offenses occurring during activation and after release from federal service, while within the period of the applicable statute of limitations.

Renumbered and Amended by Chapter 373, 2022 General Session