Code of Alabama

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31-2A-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer
of the Alabama National Guard is eligible to serve on all courts-martial for the trial of
any person subject to this code. (b) Any warrant officer of the Alabama National Guard is
eligible to serve on general and special courts-martial for the trial of any person subject
to this code, other than a commissioned officer. (c) Any enlisted member of the state military
forces who is not a member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member subject to this code, but
that member shall serve as a member of a court only if, before the conclusion of a session
called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in
the absence of such a session, before the court is assembled for the trial of the accused,
the accused personally has requested orally on the record or in writing that enlisted...
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31-2A-48
Section 31-2A-48 (Article 48.) Contempt. A military judge or summary court-martial officer
may punish for contempt any person who uses any menacing word, sign, or gesture in its presence,
or who disturbs its proceedings by any riot or disorder. A person subject to this code may
be punished for contempt by confinement not to exceed five days or a fine of one hundred dollars
($100), or both. A person not subject to this code may be punished for contempt by a military
court in the same manner as a criminal court of the state. (Act 2012-334, p. 790, §1.)...

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31-2A-5
Section 31-2A-5 (Article 5.) Territorial applicability of the code. (a) This code has applicability
at all times and in all places, provided that either the person subject to the code is in
a duty status or, if not in a duty status, that there is a nexus between the act or omission
constituting the offense and the efficient functioning of the state military forces; however,
this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction
over an offense, which is limited only by the prohibition of double jeopardy. (b) Courts-martial
and courts of inquiry may be convened and held in units of the state military forces while
those units are serving outside the state with the same jurisdiction and powers as to persons
subject to this code as if the proceedings were held inside the state, and offenses committed
outside the state may be tried and punished either inside or outside the state. (c) A trial
of any offense subject to prosecution under this section may be...
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31-2A-100
Section 31-2A-100 (Article 100.) Subordinate compelling surrender. Any person subject to this
code who compels or attempts to compel the Commander of the Alabama National Guard, or of
any other state, place, vessel, aircraft, or other military property, or of any body of members
of the Armed Forces, to give it up to an enemy or to abandon it, or who strikes the colors
or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
(Act 2012-334, §1.)...
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31-2A-112b
Section 31-2A-112b (Article 112b.) Wrongful possession, etc., of drug paraphernalia. Any person
subject to this code who wrongfully possesses, manufactures, distributes, imports into the
customs territory of the United States, exports from the United States, or introduces into
an installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces
of the United States or of any state military forces drug paraphernalia as defined in Section
13A-12-260, shall be punished as a court-martial may direct. (Act 2012-334, §1.)...
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31-2A-112a
Section 31-2A-112a (Article 112a.) Wrongful use, possession, etc., of controlled substances.
(a) Any person subject to this code who wrongfully uses, possesses, manufactures, distributes,
imports into the customs territory of the United States, exports from the United States, or
introduces into an installation, vessel, vehicle, or aircraft used by or under the control
of the Armed Forces of the United States or of any state military forces a substance described
in subsection (b) shall be punished as a court-martial may direct. (b) The substances referred
to in subsection (a) are the following: (1) Opium, heroin, cocaine, amphetamine, lysergic
acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any
compound or derivative of any such substance. (2) Any substance not specified in subdivision
(1) that is listed on a schedule of controlled substances prescribed by the President for
the purposes of the Uniform Code of Military Justice of the Armed Forces of...
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31-2A-11
Section 31-2A-11 (Article 11.) Place of confinement; reports and receiving of prisoners. (a)
If a person subject to this code is confined before, during, or after trial, confinement shall
be in a civilian or military confinement facility. (b) No person authorized to receive prisoners
pursuant to subsection (a) may refuse to receive or keep any prisoner committed to the person's
charge by a commissioned officer of the state military forces, when the committing officer
furnishes a statement, signed by such officer, of the offense charged against the prisoner,
unless otherwise authorized by law. (c) Every person authorized to receive prisoners pursuant
to subsection (a) to whose charge a prisoner is committed, within 24 hours after that commitment
or as soon as the person is relieved from guard, shall report to the commanding officer of
the prisoner the name of the prisoner, the offense charged against the prisoner, and the name
of the person who ordered or authorized the commitment. (Act...
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31-2A-132
Section 31-2A-132 (Article 132.) Frauds against the government. Any person subject to this
code who does any of the following shall, upon conviction, be punished as a court-martial
may direct: (1) Knowing it to be false or fraudulent, makes any claim against the United States,
the state, or any officer thereof. (2) For the purpose of obtaining the approval, allowance,
or payment of any claim against the United States, the state, or any officer thereof makes
or uses any writing or other paper knowing it to contain any false or fraudulent statements,
makes any oath, affirmation, or certification to any fact or to any writing or other paper
knowing the oath, affirmation, or certification to be false, or forges or counterfeits any
signature upon any writing or other paper, or uses any such signature knowing it to be forged
or counterfeited. (3) Having charge, possession, custody, or control of any money, or other
property of the United States or the state, furnished or intended for the...
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31-2A-36
Section 31-2A-36 (Article 36.) Governor or the Adjutant General may prescribe rules Pretrial,
trial, and post-trial procedures, including modes of proof, for court-martial cases arising
under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant
General by rules, or as otherwise provided by law, which shall apply the principles of law
and the rules of evidence generally recognized in military criminal cases in the courts of
the Armed Forces but which may not be contrary to or inconsistent with this code. (Act 2012-334,
p. 790, §1.)...
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31-2A-56
Section 31-2A-56 (Article 56.) Maximum limits. (a) The punishment which a court-martial may
direct for an offense may not exceed such limits as prescribed by this code, but in no instance
may a sentence exceed more than one year for a military offense, nor shall a sentence of death
be adjudged. A conviction by a court-martial of any military offense is a misdemeanor as defined
under the Code of Alabama 1975. (b) The limits of punishment for violations of the punitive
articles prescribed herein shall be lesser of the sentences prescribed by the state manual
for courts-martial, but in no instance shall any punishment exceed that authorized by this
code. (Act 2012-334, p. 790, §1.)...
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