Minn. Stat. § 192A.01
Short Title
Subdivision 1. Citation. This chapter may be cited as the Minnesota Code of Military Justice. Subd. 2. [Repealed, 1978 c 552 s 48]
Minnesota Statutes Chapter 192A — Uniform Code of Military Justice
Minnesota · statute · Minn. Stat. ch. 192A · 107 active provisions
Minn. Stat. § 192A.015
Definitions
In this chapter, unless the context otherwise requires: (1) "Accuser" means a person who signs and swears to charges, any person who directs that charges be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused; (2) "Active state duty" means…
Minn. Stat. § 192A.02
Persons Subject to This Code; Jurisdiction
Subdivision 1. Applicability. (a) This code applies to all members of the state military forces as defined by section 190.05. (b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force. Subd. 2. Military service. This code applies to…
Minn. Stat. § 192A.021
Purely Military Offenses
(a) Purely military offenses include the offenses contained in the following sections: 192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41 (Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or separation), 192A.425 (Unlawful enlistment, appointment, o…
Minn. Stat. § 192A.025
Jurisdiction to Try Certain Personnel
Subdivision 1. Fraudulent discharge. Each person discharged from the state military forces not in federal active service who is later charged with having fraudulently obtained the discharge is, subject to section 192A.235, subject to trial by court-martial on that charge and is after apprehension subject to this code w…
Minn. Stat. § 192A.03
Dismissal of Commissioned Officer
Subdivision 1. Application for court-martial. Any commissioned officer, dismissed by order of the governor, may make a written application for trial by court-martial, setting forth, under oath, that the dismissal was wrongful. The governor, as soon as practicable, shall convene a general court-martial to try that offic…
Minn. Stat. § 192A.035
Territorial Applicability of Code
Subdivision 1. Code. This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the…
Minn. Stat. § 192A.04
Judge Advocates and Legal Officers
Subdivision 1. State judge advocate. The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar…
Minn. Stat. § 192A.041
Practice of Military Law
Any commissioned officer of a United States state or territory military force who meets the following qualifications may be accepted by the state judge advocate to conduct any and all administrative or Minnesota Code of Military Justice activities under this code and is exempt from section 481.02: (1) has served as a m…
Minn. Stat. § 192A.045
Apprehension
Subdivision 1. [Repealed, 2002 c 308 s 71] Subd. 2. Who may act; probable cause. Any person authorized by this code, or by rules issued under it, or any licensed peace officer, may apprehend persons subject to this code upon probable cause to believe that an offense has been committed and that the person apprehended co…
Minn. Stat. § 192A.05
Apprehension of Deserters
Any licensed peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state military forces and deliver the deserter into the custody of the state military forc…
Minn. Stat. § 192A.055
Imposition of Pretrial Restraint
Subdivision 1. Definition. "Pretrial restraint" means any restraint on a person's liberty which is imposed before and during disposition of offenses and may consist of conditions on liberty, restriction, or confinement. For the purposes of this section: (1) "conditions on liberty" are imposed by orders directing a pers…
Minn. Stat. § 192A.065
Confinement in Jails
Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the governor or by such person as the governor may authorize to act.
Minn. Stat. § 192A.07
Receiving Prisoners
Subdivision 1. Requirement. No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under section 192A.065 may refuse to receive or keep any prisoner committed to the charge of that official or facility. Subd. 2.…
Minn. Stat. § 192A.08
Delivery of Offenders to Civil Authorities
Subdivision 1. Authority. Under such rules as may be prescribed under this code a person subject to this code who is accused of a criminal offense against civil authority may be delivered, upon request, to the civil authority for trial. Subd. 2. Sequence of sentences. When delivery under this section is made to any civ…
Minn. Stat. § 192A.0851
Commanding Officer's Nonjudicial Punishment
(a) Any commander may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The governor, the adjutant general, or a general officer in command may delegate the powers under this section to a deputy commanding general or assistant adjutant general who i…
Minn. Stat. § 192A.09
Members of State Military Forces Not in Federal Active Service
In the state military forces not in federal active service, there shall be the following three types of courts-martial: (1) general courts-martial, consisting of: (i) a military judge and not less than five members; or (ii) only a military judge, if before the court is assembled the accused, knowing the identity of the…
Minn. Stat. § 192A.095
Jurisdiction of Courts-Martial in General
Each force of the state military forces not in federal active service has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with rules prescribed by the governor or the adjutant general.
Minn. Stat. § 192A.10
Jurisdiction of General Courts-Martial
Subject to section 192A.095 general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code.
Minn. Stat. § 192A.105
Jurisdiction of Special Courts-Martial
Subject to section 192A.095 special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code except dishonorable discharge, d…
Minn. Stat. § 192A.11
Jurisdiction of Summary Courts-Martial
Subdivision 1. Jurisdiction of summary courts-martial. (a) Subject to section 192A.095 of this code, summary courts-martial have jurisdiction to try persons subject to this code, except for officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the governor…
Minn. Stat. § 192A.111
Maximum Limits
Subdivision 1. Punishment limits. The punishment for a violation of this code is limited to the lesser of the sentence prescribed by the manual for courts-martial of the United States in effect at the time of the offense or the state manual for courts-martial, but in no instance shall any punishment exceed that authori…
Minn. Stat. § 192A.115
Governor's Approval of Dismissal or Dishonorable Discharge
In the state military forces not in federal active service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.
Minn. Stat. § 192A.12
Procedural Requirements for Dishonorable Discharge, Bad Conduct Discharge, or Dismissal
A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made, qualified counsel has been detailed to represent the accused, and a military judge has presided over the trial.
Minn. Stat. § 192A.13
Who May Convene General Courts-Martial
(a) In the state military forces not in federal active service, general courts-martial may be convened by: (1) the governor; or (2) the adjutant general. (b) The governor or the adjutant general may authorize in writing other general officers in command as additional general courts-martial convening authorities. The au…
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