Effective 5/4/2022 39A-5-101. Utah Code of Military Justice. The “Utah Code of Military Justice” may be abbreviated as the “UtCMJ” and applies to all individuals subject to this title. Renumbered and Amended by Chapter 373, 2022 General Session
Effective 5/4/2022 39A-5-103. State judge advocate — Appointment — Qualifications — Duties — Assistants. (1) The adjutant general shall appoint an officer of the National Guard as the state judge advocate. The officer shall be a member of the Utah State Bar, a United States federal court, branch qualified, and designated as a staff judge […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Effective 5/4/2022 39A-5-112. Individual confined prior to trial — Punishment limitations. (1) Subject to Section 39A-5-110, an individual in confinement prior to trial may not be subjected to punishment or penalty other than arrest or confinement while the charges are pending. (2) The arrest or confinement imposed on a prisoner may not be more rigorous […]
Effective 5/4/2022 39A-5-113. Individual accused of offense against civilian — Sentences of military and civilian courts. (1) A service member on duty and subject to this chapter who is accused of an offense against a civilian individual may be delivered, upon request, to a civilian authority for judicial proceedings. (2) (a) If an individual under […]
Effective 5/4/2022 39A-5-114. Charges and specifications — Contents — Notification of accused. (1) Charges and specifications shall be signed by a member subject to this chapter under oath before an individual authorized to administer oaths and shall state that: (a) the individual signing has personal knowledge of, or has investigated, the matters set forth in […]
Effective 5/4/2022 39A-5-115. Individual charged — Limits on evidence obtained from other individuals. (1) An individual subject to this chapter may not: (a) compel any individual to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate the individual; (b) interrogate, or request any statement from an accused […]
Effective 5/4/2022 39A-5-116. Charges to be forwarded to governor or adjutant general. When an individual is held for trial by military court, the commanding officer shall forward the charges, together with the investigation and related papers, to the governor or the adjutant general within five working days, excluding holidays, after the accused is ordered into […]
Effective 5/4/2022 39A-5-117. Review of charge by SJA — Corrections to charges. (1) (a) Before directing the trial of any charge by a military court, the convening authority shall refer the charge to the SJA for consideration and advice. (b) The convening authority may not refer a charge to a military court for trial unless […]
Effective 5/4/2022 39A-5-118. Service of charges on accused. (1) The trial counsel to whom charges are referred for trial shall cause to be served upon the accused a copy of the charges to be tried. (2) An individual may not, against his or her objection, be brought to trial or be required to participate in […]
Effective 5/4/2022 39A-5-119. Chapter interpretation — Federal law governs. (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the National Guard not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to Section 39A-3-102, apply […]
