35.015 Persons subject to this code -- Jurisdiction.

122 words·~1 min read·/ky/chapter-35/35-015

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

(1)This code applies to all members of the state military forces at all times and in all

places.

(2)Subject matter jurisdiction is established if a nexus exists between an offense, either

military or non-military, and the state military force. Courts-martial have primary

jurisdiction of military offenses of this code. A proper civilian court has primary

jurisdiction of a non-military offense when an act or omission violates both this

code and local criminal law, foreign or domestic. In such a case, a court-martial may

be initiated only after the 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.