39A-5-105. Application of chapter in and outside of the state -- Military courts held outside the state.
163 words·~1 min read·
/ut/title-39a/chapter-5/39a-5-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/4/2022
39A-5-105. Application of chapter in and outside of the state -- Military courts held outside the state.
(1)This chapter applies to all individuals:
(a)subject to this chapter within the state;
(b)otherwise subject to this chapter while serving outside the state; and
(c)while going to and returning from the service outside the state.
(2)Military courts may be convened and held in units of the National Guard while those units are serving without the state, with the same jurisdiction and powers as to individuals subject to this chapter as if the proceedings were held within the state. Offenses committed without the state may be tried and punished either within or without the state, as military necessity dictates.
(3)Nothing in this chapter limits a commander's authority to use adverse administrative action to address misconduct by a member, regardless of the member's status at the time of the misconduct.
Renumbered and Amended by Chapter 373 , 2022 General Session