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Uniform State Code Of Military Justice
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South Dakota Codified Laws
Military Affairs
Uniform State Code Of Military Justice
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Sections
33-10-1 - to 33-10-19
Repealed.
Section
33-10-20
Definitions.
Section
33-10-21
Persons subject to this code.
Section
33-10-22
Subject matter jurisdiction--Primary jurisdiction.
Section
33-10-23
Jurisdiction over persons charged with fraudulent discharge.
Section
33-10-24
Jurisdiction over deserters.
Section
33-10-25
Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction.
Section
33-10-26
Extraterritorial jurisdiction.
Section
33-10-27
Judge advocate supervision.
Section
33-10-28
Communication with judge advocates.
Section
33-10-29
Judge advocate to reviewing authority.
Section
33-10-30
Apprehension defined.
Section
33-10-31
Persons authorized to apprehend upon probable cause.
Section
33-10-32
Quelling of or apprehension for quarrels, frays, and disorders.
Section
33-10-33
Extradition.
Section
33-10-34
Fees for apprehension.
Section
33-10-35
Arrest and confinement defined.
Section
33-10-36
Arrest or confinement of enlisted member.
Section
33-10-37
Arrest or confinement of commissioned officer, warrant officer, or civilian.
Section
33-10-38
Probable cause to arrest or confine.
Section
33-10-39
Custody before notification of proper authority.
Section
33-10-40
Notice of offense--Diligent steps for trial or dismissal.
Section
33-10-41
Place of confinement.
Section
33-10-42
Receiving of prisoners.
Section
33-10-43
Reports of prisoners.
Section
33-10-44
Confinement with enemy prisoners prohibited.
Section
33-10-45
Punishment prohibited before trial.
Section
33-10-46
Delivery of offenders to civil authorities.
Section
33-10-47
Completion of sentence of court martial upon return from civil authority.
Section
33-10-48
Failure of enlisted member to report for duty--Arrest--Fees.
Section
33-10-49
Arrest or confinement for disobedience or disruption--Trespassers.
Section
33-10-50
Commanding officer's non-judicial punishment.
Section
33-10-51
Forms of punishment by any commanding officer.
Section
33-10-52
Forms of punishment by major, lieutenant commander, or above.
Section
33-10-53
Forms of punishment by Governor, adjutant general, or certain other officers.
Section
33-10-54
Duration of consecutive punishments.
Section
33-10-55
Arrest in quarters or restriction--Notice regarding right to trial by court-martial.
Section
33-10-56
Suspension or mitigation of punishment.
Section
33-10-57
Appeal.
Section
33-10-58
Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment.
Section
33-10-59
Forfeiture of pay.
Section
33-10-60
Promulgation of rules regarding records.
Section
33-10-61
Courts-martial classified.
Section
33-10-62
Jurisdiction of courts-martial in general.
Section
33-10-63
Jurisdiction of general courts-martial.
Section
33-10-64
Jurisdiction of special courts-martial.
Section
33-10-65
Jurisdiction of summary courts-martial.
Section
33-10-66
Objection to trial by summary courts-martial.
Section
33-10-67
Who may convene general courts-martial.
Section
33-10-68
Who may convene special courts-martial.
Section
33-10-69
Who may convene summary courts-martial.
Section
33-10-70
Commissioned officer service on courts-martial.
Section
33-10-71
Warrant officer service on courts-martial.
Section
33-10-72
Enlisted member service on courts-martial.
Section
33-10-73
Court-martial member to be senior to accused.
Section
33-10-74
Qualifications of court-martial member.
Section
33-10-75
Excuse of court-martial member from participating.
Section
33-10-76
Military judge detailed to general and special court-martial.
Section
33-10-77
Qualifications of military judge.
Section
33-10-78
Admission of military judge pro hac vice.
Section
33-10-79
Designation of military judge--Performance report prohibited.
Section
33-10-80
Military judge may not be accuser, witness, investigator, or counsel.
Section
33-10-81
Consultation with members of court.
Section
33-10-82
Detail of trial counsel and defense counsel.
Section
33-10-83
Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.
Section
33-10-84
Qualifications of counsel.
Section
33-10-85
Admission of defense counsel pro hac vice--Qualifications.
Section
33-10-86
Detail or employment of court reporters and interpreters.
Section
33-10-87
Absent members of court-martial.
Section
33-10-88
Additional members of general court-martial.
Section
33-10-89
Additional members of special court-martial.
Section
33-10-90
Court-martial composed of military judge only--Procedure when military judge unable to proceed.
Section
33-10-91
Marshal--Duties.
Section
33-10-92
Compensation of marshal.
Section
33-10-93
Malfeasance of sheriff or marshal.
Section
33-10-94
Immunity of court members.
Section
33-10-95
Charges and specifications.
Section
33-10-96
Compulsory self-incrimination prohibited.
Section
33-10-97
Advice of right to remain silent.
Section
33-10-98
Compulsory self-degradation prohibited.
Section
33-10-99
Exclusion of evidence.
Section
33-10-100
Investigation of charges.
Section
33-10-101
Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony.
Section
33-10-102
Demand for further investigation.
Section
33-10-103
Investigation of uncharged offenses.
Section
33-10-104
Nonjurisdictional error.
Section
33-10-105
Forwarding of charges.
Section
33-10-106
Advice of judge advocate regarding charge.
Section
33-10-107
Contents of judge advocate's statement--Reference for trial.
Section
33-10-108
Correction of charges or specifications.
Section
33-10-109
Service of charges.
Section
33-10-110
Promulgation of procedural rules by Governor or adjutant general.
Section
33-10-111
Unlawfully influencing action of court.
Section
33-10-112
Report of performance as court-martial member, witness, or counsel prohibited.
Section
33-10-113
Qualifications of trial counsel--Preparation of record.
Section
33-10-114
Qualifications of defense counsel--Rights of accused.
Section
33-10-115
Duties of defense counsel in court-martial proceeding resulting in conviction.
Section
33-10-116
Sessions without presence of court-martial members--Record.
Section
33-10-117
Presence of accused, counsel, and military judge at proceedings--Exception.
Section
33-10-118
Continuances.
Section
33-10-119
Challenges for cause.
Section
33-10-120
Procedure when court members reduced below minimum by challenge for cause.
Section
33-10-121
Peremptory challenges.
Section
33-10-122
Procedure when court members reduced below minimum by peremptory challenge.
Section
33-10-123
Challenges after additional members are detailed.
Section
33-10-124
Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter.
Section
33-10-125
Oath of witness.
Section
33-10-126
Statute of limitations.
Section
33-10-127
Unauthorized absence excluded in computing limitation period.
Section
33-10-128
Absence from territory excluded in computing limitation period.
Section
33-10-129
Limitation period during wartime.
Section
33-10-130
Statute of limitations for new charges and specifications following dismissal for defect or insufficiency.
Section
33-10-131
Conditions for new charges and specifications.
Section
33-10-132
Former jeopardy.
Section
33-10-133
Jeopardy where accused found guilty.
Section
33-10-134
Jeopardy where accused not found guilty.
Section
33-10-135
Not guilty plea.
Section
33-10-136
Finding upon guilty plea--Withdrawal of guilty plea.
Section
33-10-137
Opportunity to obtain witnesses and other evidence.
Section
33-10-138
Refusal to appear or testify.
Section
33-10-139
Witness fees.
Section
33-10-140
Contempt.
Section
33-10-141
Oral and written depositions.
Section
33-10-142
Notice of deposition.
Section
33-10-143
Officers before whom deposition taken.
Section
33-10-144
Admissibility of deposition.
Section
33-10-145
Admissibility of records of courts of inquiry.
Section
33-10-146
Defense of lack of mental responsibility.
Section
33-10-147
Burden of proof of lack of mental responsibility.
Section
33-10-148
Findings by court-martial members when lack of mental responsibility at issue.
Section
33-10-149
Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.
Section
33-10-150
Conditions for finding of not guilty by reason of lack of mental responsibility.
Section
33-10-151
Voting by secret written ballot.
Section
33-10-152
Rulings upon questions of law and interlocutory questions.
Section
33-10-153
Instructions.
Section
33-10-154
Findings and rulings by court-martial composed of military judge only.
Section
33-10-155
Number of votes required.
Section
33-10-156
Court to announce action.
Section
33-10-157
Record of proceedings--Authentication.
Section
33-10-158
Contents of record.
Section
33-10-159
Records of summary court-martial.
Section
33-10-160
Copy of record to be given to the accused.
Section
33-10-161
Cruel and unusual punishments prohibited.
Section
33-10-162
Maximum sentence--Felony and misdemeanor--Noncriminal conviction.
Section
33-10-163
Limits of punishment.
Section
33-10-164
Forfeitures.
Section
33-10-165
Computation of period of confinement--Effective date of other sentences.
Section
33-10-166
Deferment of sentence to confinement--Rescission.
Section
33-10-167
Deferment until after accused has been permanently released to state military forces.
Section
33-10-168
Persons subject to deferment until permanently released to state military forces.
Section
33-10-169
Deferment of sentence to confinement while review pending.
Section
33-10-170
Place of confinement.
Section
33-10-171
Hard labor.
Section
33-10-172
Fees for confinement.
Section
33-10-173
Reduction of enlisted member pay grade.
Section
33-10-174
Restoration of pay.
Section
33-10-175
Forfeiture of pay and allowances.
Section
33-10-176
Sentences subject to forfeiture of pay and allowances.
Section
33-10-177
Waiver of forfeiture of pay and allowances for dependents of accused.
Section
33-10-178
Restoration of pay and allowances.
Section
33-10-179
Error of law.
Section
33-10-180
Lesser included offense.
Section
33-10-181
Prompt report of findings and sentence to convening authority.
Section
33-10-182
Submission to convening authority of matters for consideration--Time for submission.
Section
33-10-183
Extension of time for submission.
Section
33-10-184
Provision of record to accused.
Section
33-10-185
Waiver of right to make submission.
Section
33-10-186
Authority to modify findings and sentence.
Section
33-10-187
Action on sentence of court-martial.
Section
33-10-188
Action on findings of court-martial.
Section
33-10-189
Recommendation of judge advocate--Response and objection.
Section
33-10-190
Proceeding in revision or rehearing.
Section
33-10-191
Matters considered at proceeding in revision.
Section
33-10-192
Matters considered at rehearing--Dismissal without rehearing.
Section
33-10-193
Withdrawal of appeal.
Section
33-10-194
Time for withdrawal of appeal.
Section
33-10-195
Appeal by the state.
Section
33-10-196
Time for appeal by the state--Contents of notice of appeal.
Section
33-10-197
Diligent prosecution of appeal.
Section
33-10-198
State's appeal to Supreme Court limited to matters of law.
Section
33-10-199
Consideration of delay concerning issue of speedy trial.
Section
33-10-200
Rehearings.
Section
33-10-201
Review by senior force judge advocate.
Section
33-10-202
Circumstances under which record to be sent to adjutant general for action.
Section
33-10-203
Action by adjutant general.
Section
33-10-204
Dismissal when rehearing impracticable.
Section
33-10-205
Action by the Governor.
Section
33-10-206
Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.
Section
33-10-207
Action by adjutant general regarding subject matter jurisdiction.
Section
33-10-208
Disposition of records.
Section
33-10-209
Review by Supreme Court.
Section
33-10-210
Appellate government counsel.
Section
33-10-211
Right to counsel on appeal by state.
Section
33-10-212
Right to counsel on appeal by accused.
Section
33-10-213
Appointment of judge advocate to represent accused.
Section
33-10-214
Representation by civilian appellate counsel.
Section
33-10-215
Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.
Section
33-10-216
Execution of sentence when appeal waived or withdrawn.
Section
33-10-217
Probation violation--Hearing--Representation by counsel.
Section
33-10-218
Vacation of suspension--Execution of sentence.
Section
33-10-219
Authority to vacate suspension.
Section
33-10-220
Petition for new trial.
Section
33-10-221
Remission and suspension.
Section
33-10-222
Restoration.
Section
33-10-223
Substitution for dishonorable or bad-conduct discharge.
Section
33-10-224
Reappointment of commissioned officer.
Section
33-10-225
Finality of proceedings, findings, and sentences.
Section
33-10-226
Leave required pending review of certain court-martial convictions.
Section
33-10-227
Commitment of person incompetent to stand trial.
Section
33-10-228
Action in accordance with statute applicable to persons incompetent to stand trial.
Section
33-10-229
Notice of determination that accused is competent to stand trial.
Section
33-10-230
Action by general court-martial convening authority or attorney general.
Section
33-10-231
Custody of facility director.
Section
33-10-232
References to court that ordered commitment.
Section
33-10-233
Commitment of person found not guilty by reason of lack of mental responsibility.
Section
33-10-234
Hearing on mental condition.
Section
33-10-235
Report of hearing results.
Section
33-10-236
Action when release would create substantial risk of injury or serious property damage.
Section
33-10-237
Statute applicable to hospitalized person.
Section
33-10-238
Application of statute comparable to 18 U.S.C. 4247(d).
Section
33-10-239
Application of statute comparable to 18 U.S.C. § 4241 et seq.--Change of status.
Section
33-10-240
Principal defined.
Section
33-10-241
Accessory after the fact.
Section
33-10-242
Included offense--Attempted offense.
Section
33-10-243
Attempt defined.
Section
33-10-244
Attempt to commit offense subject to punishment.
Section
33-10-245
Conviction of attempt for consummated offense.
Section
33-10-246
Conspiracy.
Section
33-10-247
Solicitation to desert or mutiny.
Section
33-10-248
Solicitation to commit misbehavior before the enemy or sedition.
Section
33-10-249
Fraudulent enlistment, appointment, or separation.
Section
33-10-250
Unlawful enlistment, appointment, or separation.
Section
33-10-251
Desertion.
Section
33-10-252
Desertion by commissioned officer.
Section
33-10-253
Punishment for desertion.
Section
33-10-254
Absence without leave.
Section
33-10-255
Missing movement.
Section
33-10-256
Contempt toward officials.
Section
33-10-257
Disrespect toward superior commissioned officer.
Section
33-10-258
Assaulting or willfully disobeying superior commissioned officer.
Section
33-10-259
Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
Section
33-10-260
Failure to obey order or regulation.
Section
33-10-261
Cruelty and maltreatment.
Section
33-10-262
Mutiny--Sedition--Failure to suppress or report.
Section
33-10-263
Punishment for mutiny or sedition.
Section
33-10-264
Resistance--Flight--Breach of arrest--Escape.
Section
33-10-265
Releasing prisoner without proper authority.
Section
33-10-266
Unlawful detention.
Section
33-10-267
Noncompliance with procedural rules.
Section
33-10-268
Misbehavior before the enemy.
Section
33-10-269
Subordinate compelling surrender.
Section
33-10-270
Improper use of countersign.
Section
33-10-271
Captured or abandoned property--Securing and turning over.
Section
33-10-272
Captured or abandoned property--Offenses.
Section
33-10-273
Aiding the enemy.
Section
33-10-274
Misconduct as prisoner.
Section
33-10-275
False official statements.
Section
33-10-276
Military property--Loss, damage, destruction, or wrongful disposition.
Section
33-10-277
Property other than military property--Waste, spoilage, or destruction.
Section
33-10-278
Willful hazarding of vessel.
Section
33-10-279
Negligent hazarding of vessel.
Section
33-10-280
Drunk on duty.
Section
33-10-281
Wrongful use, possession, or distribution of controlled substances.
Section
33-10-282
Controlled substances defined.
Section
33-10-283
Misbehavior of sentinel.
Section
33-10-284
Malingering.
Section
33-10-285
Riot or breach of peace.
Section
33-10-286
Provoking speeches or gestures.
Section
33-10-287
Frauds against the government.
Section
33-10-288
Conduct unbecoming an officer.
Section
33-10-289
Disorder and neglect--Conduct discrediting state military forces.
Section
33-10-290
Court of inquiry convened for investigation.
Section
33-10-291
Members of court--Counsel.
Section
33-10-292
Parties.
Section
33-10-293
Challenge to court members.
Section
33-10-294
Oaths.
Section
33-10-295
Witnesses.
Section
33-10-296
Findings--Opinions.
Section
33-10-297
Record of proceedings.
Section
33-10-298
Administration of oaths for purposes of military administration.
Section
33-10-299
Administration of oaths necessary in performance of duties.
Section
33-10-300
Prima facie evidence of authority to administer oath.
Section
33-10-301
Complaint of wrong.
Section
33-10-302
Delegation by Governor.
Section
33-10-303
Payment of fees, costs, and expenses.
Section
33-10-304
Military justice fund.
Section
33-10-305
Payment of fines--Disposition.
Section
33-10-306
Uniformity of interpretation.
Section
33-10-307
Immunity for action of military courts.
Section
33-10-308
Short title.