Jurisdiction to try certain personnel.

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(1) Any person discharged from the military forces who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial on that charge and, after apprehension, shall be subject to this code while in the custody of the military for that trial. Upon conviction of that charge, he or she is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

  1. No person who has deserted from the military forces may be relieved from the jurisdiction of this code by virtue of a separation from any later period of service.

  2. The fact that the enlistment of any person charged with an offense under this codeexpires while proceedings are pending or while serving a sentence shall not affect the jurisdiction of any court-martial.

  3. Nothing in this code shall preclude applicable federal or state jurisdiction over offenses committed.

Source: L. 83: Entire article added, p. 1164, § 1, effective June 10. L. 2002: (1) amended, p. 602, § 60, effective May 24.


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