Effective 5/4/2022
39A-5-301. Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons.
39A-5-301. Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons.
- (1) Punishment directed by a military court for an offense may not exceed limits prescribed under Subsection (2) or lesser limits prescribed by the governor for the offense.
- (2) A military court may impose upon an accused any of the following after conviction for an offense:
- (a) incarceration in a county jail for no longer than one year;
- (b) a fine of not more than $2,500;
- (c) forfeiture of pay of not more than $2,500;
- (d) detention of pay equivalent to three months’ pay for a period not to exceed one year;
- (e) arrest in quarters for officers;
- (f) restriction to specified limits for enlisted members;
- (g) extra duty for not more than 60 consecutive days;
- (h) reprimand;
- (i) reduction of enlisted members to the lowest enlisted grade;
- (j) a bad conduct discharge for enlisted members;
- (k) dismissal for officers;
- (l) restitution to any individual or entity injured as a result of the accused’s conduct; or
- (m) any combination of Subsections (2)(a) through (2)(l).
- (3) Cruel or unusual punishments, including flogging, branding, marking, or tattooing on the body may not be imposed by any court or inflicted upon any individual subject to this chapter.
- (4) Single or double irons may not be used unless necessary for safe custody.
Renumbered and Amended by Chapter 373, 2022 General Session