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Chapter 38.38 RCW

WASHINGTON CODE OF MILITARY JUSTICE

Sections

PART I—GENERAL PROVISIONS
HTMLPDF 38.38.004Definitions—Construction.
HTMLPDF 38.38.008Persons subject to this code.
HTMLPDF 38.38.012Jurisdiction to try certain personnel.
HTMLPDF 38.38.016Dismissal of commissioned officer.
HTMLPDF 38.38.020Territorial applicability of the code.
HTMLPDF 38.38.024Judge advocates and legal officers.
PART II—APPREHENSION AND RESTRAINT
HTMLPDF 38.38.064Apprehension.
HTMLPDF 38.38.068Apprehension of deserters.
HTMLPDF 38.38.072Imposition of restraint.
HTMLPDF 38.38.076Restraint of persons charged with offenses.
HTMLPDF 38.38.080Confinement in jails.
HTMLPDF 38.38.084Reports and receiving of prisoners.
HTMLPDF 38.38.088Punishment prohibited before trial.
HTMLPDF 38.38.092Delivery of offenders to civil authorities.
PART III—NONJUDICIAL PUNISHMENT
HTMLPDF 38.38.132Commanding officer's nonjudicial punishment—Suspension—Appeal.
PART IV—COURTS-MARTIAL JURISDICTION
HTMLPDF 38.38.172Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.
HTMLPDF 38.38.176Jurisdiction of courts-martial in general.
HTMLPDF 38.38.180Jurisdiction of general courts-martial.
HTMLPDF 38.38.184Jurisdiction of special courts-martial—Dishonorable discharge.
HTMLPDF 38.38.188Jurisdiction of summary courts-martial.
HTMLPDF 38.38.192Sentences of dismissal or dishonorable discharge to be approved by the governor.
HTMLPDF 38.38.196Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
HTMLPDF 38.38.200Confinement instead of fine.
PART V—APPOINTMENT AND COMPOSITION
OF COURTS-MARTIAL
HTMLPDF 38.38.240Who may convene general courts-martial.
HTMLPDF 38.38.244Special courts-martial of organized militia not in federal service—Who may convene.
HTMLPDF 38.38.248Summary courts-martial of organized militia not in federal service—Who may convene.
HTMLPDF 38.38.252Who may serve on courts-martial.
HTMLPDF 38.38.256Military judge of a general or special court-martial.
HTMLPDF 38.38.258Military judges—Qualifications.
HTMLPDF 38.38.260Detail of trial counsel and defense counsel.
HTMLPDF 38.38.264Detail or employment of reporters and interpreters.
HTMLPDF 38.38.268Absent and additional members.
PART VI—PRETRIAL PROCEDURE
HTMLPDF 38.38.308Charges and specifications.
HTMLPDF 38.38.312Compulsory self-incrimination prohibited.
HTMLPDF 38.38.316Investigation.
HTMLPDF 38.38.320Forwarding of charges.
HTMLPDF 38.38.324Advice of state judge advocate and reference for trial.
HTMLPDF 38.38.328Service of charges.
PART VII—TRIAL PROCEDURE
HTMLPDF 38.38.368Governor may prescribe rules.
HTMLPDF 38.38.372Unlawfully influencing action of court.
HTMLPDF 38.38.376Duties of trial counsel and defense counsel.
HTMLPDF 38.38.380Sessions.
HTMLPDF 38.38.384Continuances.
HTMLPDF 38.38.388Challenges.
HTMLPDF 38.38.392Oaths.
HTMLPDF 38.38.396Statute of limitations.
HTMLPDF 38.38.400Former jeopardy.
HTMLPDF 38.38.404Pleas of the accused.
HTMLPDF 38.38.408Opportunity to obtain witnesses and other evidence.
HTMLPDF 38.38.412Refusal to appear or testify—Penalty.
HTMLPDF 38.38.416Contempts.
HTMLPDF 38.38.420Depositions.
HTMLPDF 38.38.424Admissibility of records of courts of inquiry.
HTMLPDF 38.38.428Voting, rulings, instructions.
HTMLPDF 38.38.432Number of votes required.
HTMLPDF 38.38.436Court to announce action.
HTMLPDF 38.38.440Record of trial.
PART VIII—SENTENCES
HTMLPDF 38.38.480Cruel and unusual punishments prohibited.
HTMLPDF 38.38.484Maximum limits—Reduction in pay grade.
HTMLPDF 38.38.488Effective date of sentences.
HTMLPDF 38.38.492Execution of confinement.
PART IX—REVIEW OF COURTS-MARTIAL
HTMLPDF 38.38.532Execution of sentence—Suspension of sentence.
HTMLPDF 38.38.536Initial action on the record.
HTMLPDF 38.38.540Initial action on the record—General court-martial records.
HTMLPDF 38.38.544Reconsideration and revision.
HTMLPDF 38.38.548Rehearings.
HTMLPDF 38.38.552Approval by the convening authority.
HTMLPDF 38.38.556Review of records—Disposition.
HTMLPDF 38.38.560Error of law—Lesser included offense.
HTMLPDF 38.38.564Review counsel.
HTMLPDF 38.38.568Vacation of suspension.
HTMLPDF 38.38.572Petition for a new trial.
HTMLPDF 38.38.576Remission and suspension.
HTMLPDF 38.38.580Restoration.
HTMLPDF 38.38.584Finality of proceedings, findings and sentences.
PART X—PUNITIVE ARTICLES
HTMLPDF 38.38.624Persons to be tried or punished.
HTMLPDF 38.38.628Principals.
HTMLPDF 38.38.632Accessory after the fact.
HTMLPDF 38.38.636Conviction of lesser included offense.
HTMLPDF 38.38.640Attempts.
HTMLPDF 38.38.644Conspiracy.
HTMLPDF 38.38.648Solicitation.
HTMLPDF 38.38.652Fraudulent enlistment, appointment, or separation.
HTMLPDF 38.38.656Unlawful enlistment, appointment, or separation.
HTMLPDF 38.38.660Desertion.
HTMLPDF 38.38.664Absence without leave.
HTMLPDF 38.38.668Missing movement.
HTMLPDF 38.38.672Contempt towards officials.
HTMLPDF 38.38.676Disrespect towards superior commissioned officer.
HTMLPDF 38.38.680Assaulting or willfully disobeying superior commissioned officer.
HTMLPDF 38.38.684Insubordinate conduct toward warrant officer or noncommissioned officer.
HTMLPDF 38.38.688Failure to obey order or regulation.
HTMLPDF 38.38.692Cruelty and maltreatment.
HTMLPDF 38.38.696Mutiny or sedition.
HTMLPDF 38.38.700Resistance, breach of arrest, and escape.
HTMLPDF 38.38.704Releasing prisoner without proper authority.
HTMLPDF 38.38.708Unlawful detention of another.
HTMLPDF 38.38.712Noncompliance with procedural rules.
HTMLPDF 38.38.716Misbehavior before the enemy.
HTMLPDF 38.38.720Subordinate compelling surrender.
HTMLPDF 38.38.724Improper use of countersign.
HTMLPDF 38.38.728Forcing a safeguard.
HTMLPDF 38.38.732Captured or abandoned property.
HTMLPDF 38.38.736Aiding the enemy.
HTMLPDF 38.38.740Misconduct of a prisoner.
HTMLPDF 38.38.744False official statements.
HTMLPDF 38.38.748Military property—Loss, damage, destruction, or wrongful disposition.
HTMLPDF 38.38.752Property other than military property—Waste, spoilage, or destruction.
HTMLPDF 38.38.756Improper hazarding of vessel.
HTMLPDF 38.38.760Reckless or impaired operation of a vehicle, aircraft, or vessel.
HTMLPDF 38.38.762Use, possession, or distribution of controlled substances.
HTMLPDF 38.38.764Drunk on duty—Sleeping on post—Leaving post before relief.
HTMLPDF 38.38.768Dueling.
HTMLPDF 38.38.772Malingering.
HTMLPDF 38.38.776Riot or breach of peace.
HTMLPDF 38.38.780Provoking speeches or gestures.
HTMLPDF 38.38.782Assault upon another member of the organized militia.
HTMLPDF 38.38.783Larceny and wrongful appropriation.
HTMLPDF 38.38.784Perjury.
HTMLPDF 38.38.788Frauds against the government.
HTMLPDF 38.38.796Conduct unbecoming an officer and a gentleman.
HTMLPDF 38.38.800General article.
PART XI—MISCELLANEOUS PROVISIONS
HTMLPDF 38.38.840Courts of inquiry.
HTMLPDF 38.38.844Authority to administer oaths.
HTMLPDF 38.38.848Sections to be explained.
HTMLPDF 38.38.852Complaints of wrongs.
HTMLPDF 38.38.856Redress of injuries to property.
HTMLPDF 38.38.860Execution of process and sentence.
HTMLPDF 38.38.864Process of military courts.
HTMLPDF 38.38.868Payment of fines and disposition thereof.
HTMLPDF 38.38.872Immunity for action of military courts.
HTMLPDF 38.38.876Presumption of jurisdiction.
HTMLPDF 38.38.880Delegation of authority by the governor.
HTMLPDF 38.38.884Uniformity of interpretation.
HTMLPDF 38.38.888Short title.

NOTES:

Reviser's note: Article numbers in this chapter parallel equivalent sections in the federal Uniform Code of Military Justice and do not constitute part of the law.