Section 26.05.365. Statement of policy on military justice.

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Courts-martial have primary jurisdiction over offenses under this chapter, except when an act or omission violates both this chapter and local criminal law, foreign or domestic. In that case, a court-martial may be initiated only after a civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense. These jurisdictional requirements do not apply to nonjudicial punishment or administrative action taken by military authorities.

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History

(Sec. 4 ch 55 SLA 2016)

                    
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