§ 470.5
502 words·~2 min read·
/ca/military-and-veterans-code/470-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A member of the active militia who, when subject to the Uniform Code of Military Justice
(UCMJ)as incorporated by this code, violates a provision of the Penal Code for a sexual assault crime as defined in subdivision (c), or an attempt of that offense, shall be subject to prosecution by the office of the district attorney or other equivalent civilian prosecutorial authority with appropriate jurisdiction. The Military Department or California National Guard may claim jurisdiction only under the UCMJ as incorporated by this code, if the district attorney, or other equivalent civilian prosecutorial authority, refuses to pursue a criminal prosecution of that member.
(1)Subject to subdivision (a), a member of the active militia recommended for court-martial pursuant to an Article 32 hearing (10 U.S.C. Sec. 832), as authorized by the UCMJ as incorporated by this code, for a qualifying sexual assault offense, as defined in subdivision (d), shall be tried by general court-martial.
(2)Notwithstanding any other provision of the UCMJ as incorporated by this code, a convening authority in the California National Guard or in the Military Department, as authorized by the UCMJ as incorporated by this code, shall not overturn a conviction for a qualifying sexual assault offense issued by a general court-martial. On appeal, the convening authority shall dispose of the case in accordance with the decision of the Courts-Martial Appellate Panel, as authorized by this code.
(3)A member of the active militia who is found guilty of a qualifying sexual assault offense, or an attempt of that offense shall be punished as the general court-martial may direct, subject to Section 456, and that punishment shall include, at a minimum, dismissal or dishonorable discharge.
(4)There is no statute of limitations for a member of the active militia to be charged with a qualifying sexual assault offense, when tried and punished by a general court-martial as provided in this section.
(c)For purposes of this section, “sexual assault crime” means conduct constituting any of the crimes defined in the following provisions of the Penal Code:
(1)Section 243.4 of the Penal Code.
(2)Chapter 1 (commencing with Section 261) of Title 9 of Part 1 of the Penal Code.
(3)Section 286 of the Penal Code.
(4)Subdivision
(a)or (b), or paragraph
(1)of subdivision (c), of Section 288 of the Penal Code.
(5)Section 647.6 of the Penal Code.
(d)For purposes of this section, a “qualifying sexual assault offense” under the Uniform Code of Military Justice is one that violates any of the following provisions of that code, or an attempt thereof:
(1)Subdivision
(a)or
(b)of Article 120 (10 U.S.C. Sec. 920(a) and (b)).
(2)Article 120b (10 U.S.C. Sec. 920b).
(3)Article 125 (10 U.S.C. Sec. 925).
(e)Sex offender registration requirements for state military convictions contained in Sections 290 to 290.024, inclusive, of the Penal Code, are applicable to persons convicted of a qualifying sexual assault offense, or of the attempt or conspiracy to commit that offense.