A. Except when the militia is in actual service in time of war or public danger, no punishment imposed by court martial shall exceed that prescribed for a misdemeanor. Imposition of a punitive discharge or a forfeiture of pay or a fine in addition to confinement shall not be deemed to make the offense a felony.
B. Subject to the limitation in Subsection A of this section and the jurisdictional punishment limitation for a special or a summary court-martial, the Maximum Punishment Chart, Manual for Courts-Martial, United States, 1984, Appendix 12, shall establish the maximum punishment for a specific offense.
History: 1978 Comp., § 20-12-6, enacted by Laws 1987, ch. 318, § 91; 1989, ch. 337, § 9.
ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "danger" for "damage" in the first sentence of Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 A.L.R. Fed. 821.