Utah Code -- Title 39 -- Chapter 06 -- Utah Code of Military Justice

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Updated: 28 May 2009

39-6-1    Short title.

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39-6-2    Definitions.

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39-6-3    Persons subject to chapter.

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39-6-4    Fraudulently obtained discharge -- Desertion.

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39-6-5    Application of chapter to persons in and without state -- Military courts held without the state.

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39-6-6    State judge advocate -- Appointment -- Qualifications -- Duties -- Assistants.

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39-6-7    Apprehension.

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39-6-8    Arrest.

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39-6-9    Confinement.

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39-6-10    Parties under obligation to keep a prisoner -- Reporting.

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39-6-11    Person confined prior to trial -- Punishment limitations.

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39-6-12    Person accused of offense against civilian -- Sentences of military and civilian courts.

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39-6-13    Limits on nonjudicial punishment.

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39-6-14    Disciplinary punishment -- Without court intervention -- Limits and forms of punishment.

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39-6-15    Military court -- Composition.

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39-6-16    Military court -- Jurisdiction.

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39-6-17    Bad conduct discharge or dismissal -- Approval by governor.

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39-6-18    Convening military court.

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39-6-19    Persons who may serve on a military court.

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39-6-20    Military judge -- Qualifications -- Designation for detail.

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39-6-21    Military court -- Duties of convening authority.

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39-6-22    Military court members -- When excused -- Trial procedure.

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39-6-23    Military court -- Charges and specifications -- Contents -- Notification of accused.

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39-6-24    Person charged -- Limits on evidence obtained from other persons.

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39-6-26    Charges to be forwarded to governor or adjutant general.

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39-6-27    Review of charge by SJA -- Corrections to charges.

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39-6-28    Service of charges on accused.

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39-6-29    Court procedures -- Regulations by governor.

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39-6-30    Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance.

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39-6-31    Military court -- Prosecutions in state name -- Right to defense trial counsel.

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39-6-32    Military court -- Session -- Procedures.

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39-6-33    Military court -- Continuance.

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39-6-34    Military court -- Challenge for cause -- Peremptory challenge.

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39-6-35    Military court -- Oath or affirmation.

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39-6-36    Desertion or absence without leave and other offenses -- Time limit on trial -- Tolling of time limits.

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39-6-37    Second trial on an offense prohibited.

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39-6-38    Plea of not guilty -- Accepted -- Withdrawn.

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39-6-39    Obtaining evidence and witnesses -- Procedure.

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39-6-40    Offenses against the state by person not subject to chapter.

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39-6-41    Contempt -- Penalty.

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39-6-42    Depositions -- Procedure.

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39-6-43    Sworn testimony -- Read in evidence.

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39-6-44    Voting by military court members -- Procedure -- Presumption of innocence -- Reasonable doubt -- Burden of proof.

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39-6-45    Vote necessary for conviction or other questions -- Tie vote.

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39-6-46    Findings -- Background check prior to sentencing.

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39-6-47    Military court records.

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39-6-48    Cruel and unusual punishments -- Use of irons.

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39-6-49    Limits of punishment.

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39-6-50    Forfeiture of pay as sentence.

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39-6-51    Confinement as sentence -- Penal institutions.

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39-6-52    Finding or sentence -- Error -- Review.

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39-6-53    Trial record forwarded to convening authority.

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39-6-54    Convening authority refers record to SJA -- Opinion.

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39-6-55    Specification dismissal -- No finding of not guilty -- Procedure.

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39-6-56    Rehearing ordered by convening authority -- Grounds -- Procedure.

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39-6-57    Convening authority -- Approval of findings and sentence.

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39-6-58    Convening authority review -- Action by governor final -- SJA review -- Appeal of final action.

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39-6-59    Military court sentence -- Execution by convening authority.

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39-6-61    Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.

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39-6-62    Petition for new trial -- Grounds.

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39-6-63    Sentence -- Remission or suspension.

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39-6-64    Sentence set aside -- Rights restored.

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39-6-65    Finality of military court judgments.

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39-6-66    Principal defined.

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39-6-67    Accessory after the fact.

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39-6-68    Conviction of lesser included offense or attempt.

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39-6-69    Attempt.

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39-6-70    Conspiracy.

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39-6-71    Solicitation of desertion, mutiny, or other act of misconduct.

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39-6-72    Fraudulent enlistment, appointment, or separation.

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39-6-73    Unlawful enlistment, appointment, or separation of another.

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39-6-74    Desertion.

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39-6-75    Absence without leave.

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39-6-76    Missing movement.

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39-6-77    Contempt toward officials.

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39-6-78    Disrespect toward superior officer.

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39-6-79    Assault or willful disobedience of an officer.

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39-6-80    Assault or willful disobedience of subordinate officer.

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39-6-81    Failure to obey order or regulation.

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39-6-82    Cruelty -- Maltreatment.

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39-6-83    Mutiny -- Sedition.

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39-6-84    Breaking arrest or confinement.

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39-6-85    Releasing prisoner without proper authority -- Allowing escape.

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39-6-86    Unlawful detention.

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39-6-87    Delay in disposition of case or noncompliance with chapter.

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39-6-88    Forcing a safeguard.

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39-6-89    Signing a false record.

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39-6-90    Sale, waste, or destruction of military property.

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39-6-91    Waste or destruction of nonmilitary property.

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39-6-92    Improper hazarding of vessel.

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39-6-93    Intoxicated or reckless driving.

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39-6-94    Intoxicated on duty -- Sentinel or lookout.

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39-6-95    Malingering.

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39-6-96    Riot -- Breach of peace.

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39-6-97    Provoking speeches or gestures.

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39-6-98    Theft -- Wrongful conversion.

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39-6-99    Aggravated arson -- Arson.

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39-6-100    Extortion.

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39-6-101    Assault -- Aggravated assault.

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39-6-102    Housebreaking.

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39-6-103    Perjury.

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39-6-104    Fraudulent claim against government.

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39-6-105    Conduct unbecoming an officer.

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39-6-106    Acts discrediting National Guard.

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39-6-107    Courts of inquiry.

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39-6-108    Execution of military court processes and sentences.

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39-6-109    Military court -- Authority -- Processes and mandates.

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39-6-110    Fines.

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39-6-111    Action by military court -- Protection from prosecution.

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39-6-112    Presumption of military court jurisdiction.

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39-6-113    Jurisdiction over offenses.

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39-6-114    Chapter interpretation -- Federal law.

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means this portion of the Utah Code has been modified since the last update on 6 May 2009.

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Last revised: 28 May 2009

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