Territorial Applicability of Article

1. Law
2. Georgia Code
3. Military, Emergency Management, and Veterans Affairs
4. Military Affairs
5. Code of Military Justice
6. General Provisions
7. Territorial Applicability of Article

1. This article shall be applicable at all times and in all places, provided that either the person subject to this article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting an offense under this article and the efficient functioning of the organized militia. Such grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense except when the prohibition of double jeopardy is concerned.
2. Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside of this state with the same jurisdiction and powers as to persons subject to this article as if such proceedings were held inside this state, and offenses committed outside this state may be tried and punished under this article either inside or outside this state.

(Code 1981, §38-2-1005, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

RESEARCH REFERENCES

ALR.

- Civil and criminal liability of soldiers, sailors, and militiamen, 147 A.L.R. 1429; 151 A.L.R. 1462; 151 A.L.R. 1463; 153 A.L.R. 1431; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.

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