La. Admin. Code tit. 41 § II-103
Current through Register Vol. 50, No. 9, September 20, 2024
Section II-103 - ApplicabilityA. General. This Regulation applies to all persons in the military forces and applies at all places. [LCMJ Article 5.]B. Extraterritorial Application. Courts Martial and Courts of Inquiry may be convened and held in units of the Louisiana National Guard while those units are serving outside the State, with the same jurisdiction and power as to persons subject to the LCMJ as if the proceedings were held inside the State, and offenses committed outside the State may be tried and punished either inside or outside the State. However, there is no extraterritorial application of the LCMJ to a Louisiana National Guard unit serving overseas in a Title 10, U.S. Code status. Soldiers committing offenses in a Title 10 status must be adjudicated by active duty units through the application of the Uniform Code of Military Justice (UCMJ).C. Duty Status Limitation. No person may be tried or punished for any offense under LCMJ Articles 77-134 unless the act(s) or omission(s) constituting the offense was committed while he was in a duty status or during a period of time in which he was under lawful order to be in a duty status. (For purposes of Article 112a only, membership is equated with duty status.) Nevertheless, the processing of charges and all proceedings, including trial, may be conducted without regard to duty status of the accused, and is not affected by the place where the military justice action takes place. [LCMJ Article 2.]La. Admin. Code tit. 41, § II-103
Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2352 (November 2009).AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).