Current through Chapter 253 of the 2024 Legislative Session
Section 124B-2 - Persons subject to this chapter; jurisdiction(a) This chapter applies to all members of the state military forces at all times.(b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military forces. Courts-martial shall have primary jurisdiction of military offenses. A proper civilian court shall have primary jurisdiction of a non-military offense when an act or omission violates both this chapter and local criminal law, foreign or domestic. A court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge; provided that jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.Added by L 2022, c 286,§ 2, eff. 1/1/2023.