48-2102. (KCMJ Art.

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

48-2102. (KCMJ Art. 2) Persons subject to this code; jurisdiction.

(a)The following persons who are not in federal service are subject to this code:

(1)Members of the state military forces; and

(2)all other persons lawfully ordered to duty as part of the state military forces, from the dates they are required by the terms of the ordered or other directive to obey the code.

(b)A person may not be punished for any offense provided in this code unless:

(1)The offense was committed while the person was in a duty status during the time of the offense or was properly ordered to be in a duty status for the duration of the offense; or

(2)the offense charged shares a nexus to the military status, duty or assignment of the person.

(c)For purposes of this section, the required nexus of connection with military status, duty or assignment is conclusively established for offenses for which there is no equivalent offense in the criminal laws of this state and for offenses involving:

(1)Wrongful use, possession, manufacture, distribution or introduction of a controlled substance as described in K.S.A. 48-3035a , and amendments thereto; or

(2)the state military forces.

(d)Subject-matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military forces. State military forces have primary jurisdiction of military offenses, as defined in K.S.A. 48-2101 , and amendments thereto, when persons subject to this code are in a duty status or were properly ordered to be in a duty status. A proper civilian court, except as provided in subsection (e), has primary jurisdiction of an offense when an act or omission violates both this code and local criminal law, foreign and domestic, and when a person subject to this code was neither in a duty status nor properly ordered into a duty status. In such a case involving a military offense, nonjudicial punishment may be initiated only after the civilian authority has declined to prosecute or has dismissed the charges, provided that jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes shall be determined by the underlying offense.

(e)State military forces have primary jurisdiction of any offense under this code that involves a person subject to the this code when in a duty status, when properly ordered to be in a duty status or when a military nexus exists and specifically includes the wrongful use, possession, manufacture or introduction of a controlled substance as defined in Article 112a of the KCMJ.