[§124B-5] Territorial applicability.

159 words·~1 min read·/hi/124b-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This chapter shall have applicability at all times and in all places; provided that either the person subject to this chapter is in a duty status or, if not in a duty status, there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; provided further that this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which shall be limited only by the prohibition of double jeopardy.

(b)Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the State with the same jurisdiction and powers as to persons subject to this chapter 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. [L 2022, c 286, pt of §2]