Section 124B-92 - Sentencing(a) The punishment directed by a court-martial for an offense shall not exceed limits as prescribed by the governor or adjutant general for that offense; provided that in no instance shall a sentence exceed more than ten years confinement. A conviction by general court-martial of any offense for which an accused may receive a sentence of confinement for more than one year is a felony offense. Except for convictions by a summary court-martial, all other offenses are misdemeanors. Any conviction by a summary court-martial shall not be a criminal conviction.(b) Except as provided in section 124B-80(a), punishment for the following offenses shall include dismissal or dishonorable discharge, as applicable: (1) Sexual assault in the first degree under section 707-730;(2) Continuous sexual assault of a minor under the age of fourteen years under section 707-733.6;(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under section 124B-134; or(4) Conspiracy to commit an offense specified in paragraph (1) or (2) that is punishable under section 124B-135.(c) In sentencing an accused under section 124B-79, a court-martial shall impose punishment that is sufficient but not greater than necessary to promote justice and to maintain good order and discipline in the state military forces, taking into consideration:(1) The nature and circumstances of the offense and the history and characteristics of the accused;(2) The impact of the offense on:(A) The financial, social, psychological, or medical well-being of any victim of the offense; and(B) The mission, discipline, or efficiency of the command of the accused and any victim of the offense;(3) The need for the sentence to:(A) Reflect the seriousness of the offense;(B) Promote respect for the law;(C) Provide just punishment for the offense;(D) Promote adequate deterrence of misconduct;(E) Protect others from further crimes by the accused;(F) Rehabilitate the accused; and(G) Provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service; and(4) The sentences available under this chapter.(d) In announcing the sentence in a general or special court-martial in which the accused is sentenced by military judge alone under section 124B-79, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.(e) In a general or special court-martial in which the accused has elected sentencing by members, the court-martial shall announce a single sentence for all of the offenses of which the accused was found guilty.(f) With the approval of the senior force judge advocate concerned, and consistent with standards and procedures set forth in rules adopted by the governor or adjutant general, the State may appeal a sentence to the intermediate appellate court of the State on the grounds that: (1) The sentence violates the law; or(2) The sentence is plainly unreasonable as determined in accordance with standards and procedures adopted by the governor or adjutant general.(g) An appeal under subsection (f) shall be filed within sixty days after the date on which the judgment of a court-martial is entered into the record under section 124B-105.Added by L 2022, c 286,§ 2, eff. 1/1/2023.