Missouri Code — 40
Browse 137 sections in division 40 of the Missouri code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 40.005. Definitions — law applicable to all state military forces not in federal service.
- § 40.007. Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court.
- § 40.010. Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when.
- § 40.015. Jurisdiction of military courts.
- § 40.017. State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions.
- § 40.020. Apprehension defined — authority to apprehend, when.
- § 40.023. Absent without leave, authority to apprehend — offender outside state, procedure.
- § 40.025. Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer.
- § 40.030. Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when.
- § 40.035. Confinement, where.
- § 40.036. Jails and prisons required to keep prisoners, when — official's duties.
- § 40.038. Confinement requirements — other punishment prohibited — exception.
- § 40.040. Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when.
- § 40.043. Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial.
- § 40.050. Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction.
- § 40.055. General courts-martial, jurisdiction — punishment.
- § 40.060. Special courts-martial, jurisdiction — punishment — exceptions.
- § 40.065. Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial.
- § 40.070. Discharges or dismissals by courts-martial, requirements — governor's approval required.
- § 40.075. Sentence to confinement at one dollar a day instead of fine — limitations.
- § 40.079. Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when.
- § 40.083. Convening general courts-martial, persons authorized.
- § 40.085. Convening special courts-martial, persons authorized.
- § 40.088. Convening summary courts-martial, persons authorized.
- § 40.090. Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons.
- § 40.095. Military judge — appointment — qualifications — duties — restrictions.
- § 40.098. Trial counsel and defense counsel appointed, when — qualifications — restrictions.
- § 40.100. Court reporters, appointment, when.
- § 40.105. Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure.
- § 40.108. Charges — contents — oath — accused to be informed.
- § 40.112. Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence.
- § 40.114. Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure.
- § 40.117. Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements.
- § 40.119. Referring charges for trial requirements to be met in general court-martial.
- § 40.121. Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial.
- § 40.124. Procedure in military courts.
- § 40.126. Attempts to influence or coerce court prohibited — exceptions.
- § 40.128. Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties.
- § 40.130. Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members.
- § 40.133. Continuances, granted, when.
- § 40.135. Challenges, general or special court-martial.
- § 40.138. Oath required for all judges, members, counsel, reporters, interpreters.
- § 40.141. Time limitation to bring action — war time, certain offenses no limitation — computation.
- § 40.144. Res judicata to apply, when — exception not a bar to civilian prosecution.
- § 40.148. Not guilty plea, entered when.
- § 40.150. Witnesses and evidence, authority to obtain.
- § 40.153. Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute.
- § 40.155. Contempt, authority of military court — penalties.
- § 40.157. Depositions authorized, when — procedure — exception — admitted into evidence, when.
- § 40.160. Sworn testimony in court of inquiry, record admissible in evidence, when — exception.
- § 40.165. Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law.
- § 40.168. Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect.
- § 40.170. Sentence and findings announced, when.
- § 40.173. Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when.
- § 40.175. Cruel and unusual punishment prohibited.
- § 40.178. Punishment, governor may prescribe limits.
- § 40.180. Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when.
- § 40.183. Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized.
- § 40.185. Sentence, convening authority may approve, suspend or commute.
- § 40.190. Trial record review by reviewing authority.
- § 40.193. Opinion on general court-martial — drafted by whom — acquittal, limitations.
- § 40.195. Record returned for reconsideration, when.
- § 40.198. Rehearing limitations — dismissal of charges, when.
- § 40.200. Sentence, approval by convening authority — powers.
- § 40.203. Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial.
- § 40.205. Record of trial examined by judge advocate — board of review to review, when.
- § 40.208. Boards of review — appointment — membership — qualifications — powers and duties.
- § 40.210. Error of law, findings or sentence not incorrect unless prejudicial to rights of accused.
- § 40.214. Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications.
- § 40.216. Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers.
- § 40.218. Probationer, violations — hearing, rights of probationer to counsel — procedure.
- § 40.220. New trial, petition by accused when, grounds — time limitation.
- § 40.225. Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when.
- § 40.228. Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.
- § 40.230. Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts.
- § 40.231. Appeals from final decisions, how made.
- § 40.234. Duty status required for conviction on certain offenses.
- § 40.237. Principal in actions defined.
- § 40.240. Assists offender, how punished.
- § 40.245. Attempt to commit offense may be part of offense.
- § 40.250. Attempt to commit offense even though failing in commission is offense, when.
- § 40.255. Conspirators, deemed to have committed offense, when.
- § 40.260. Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment.
- § 40.265. False representation to procure enlistment — appointment — separation — court-martial proceedings.
- § 40.270. Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial.
- § 40.273. Desertion, defined — punishment by court-martial.
- § 40.276. Absent from place of duty — court-martial.
- § 40.278. Missing ship, aircraft or unit — court-martial.
- § 40.280. Contemptuous words, used against certain officials — court-martial.
- § 40.285. Disrespect to superior commissioned officer — court-martial.
- § 40.290. Violence or willfully disobeying command of superior commissioned officer.
- § 40.295. Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when.
- § 40.300. Orders — failure or dereliction in obeying — court-martial.
- § 40.305. Cruelty or maltreatment of persons subject to his orders — court-martial.
- § 40.307. Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial.
- § 40.310. Arrest, resists or breaks — escape from confinement — court-martial.
- § 40.312. Escape by neglect or improper release of prisoners — court-martial.
- § 40.315. False apprehension, arrest, confinement — court-martial.
- § 40.320. Delay in case — failure to enforce regulation of proceedings — court-martial.
- § 40.325. Hostile force, in presence of, commits certain offenses — court-martial.
- § 40.328. Attempts to compel officer to surrender to enemy or to strike colors without proper authority — court-martial.
- § 40.330. Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial.
- § 40.335. Forcing a safeguard, court-martial.
- § 40.340. Public property, duty to secure when taken from hostile forces — failure to turn over to proper authority — court-martial.
- § 40.350. Hostile forces, aid — court-martial.
- § 40.355. Hostile forces, capture — conduct improper — court-martial.
- § 40.360. Signs official documents with intent to deceive — court-martial.
- § 40.365. Military property — sells, neglects, damages, destroys, loses — court-martial.
- § 40.370. Property, not military — willfully, recklessly wastes or spoils — court-martial.
- § 40.375. Hazarding vessels of the United States or state, causing to be hazarded — court-martial.
- § 40.380. Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial.
- § 40.385. Fighting — promoting a fight or duel, failure to report — court-martial.
- § 40.387. Avoiding work, duty or service — court-martial.
- § 40.390. Riot or breach of the peace, causing or participating — court-martial.
- § 40.395. Provocative gestures or words, constituting a threat of violence — court-martial.
- § 40.398. Perjury — giving a false oath or false testimony in a matter of inquiry — court-martial.
- § 40.400. False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial.
- § 40.405. Larceny or wrongful appropriation of property — court-martial.
- § 40.408. Officer's conduct, unbecoming to an officer and a gentleman — court-martial.
- § 40.410. Neglecting or prejudicing discipline of the military — bringing discredit to state military services — exceptions, court-martial.
- § 40.415. Military property, purchasing or receiving in pawn or pledge — court-martial.
- § 40.420. Courts of inquiry, duties, how convened — members of court — counsel, appointment — parties to inquiry, how determined, procedure — records.
- § 40.425. Oaths, persons having authority to administer.
- § 40.430. Military justice — certain sections explained to enlisted members, when — complete text to be available on request.
- § 40.435. Complaints against commanding officer, procedure.
- § 40.440. Property of person damaged or taken, board convened to investigate, procedure.
- § 40.445. Processes and sentences of courts-martial executed by civil officers, fees, how paid.
- § 40.450. Process or mandates, authority to issue.
- § 40.455. Fines and costs imposed by military court, how paid.
- § 40.460. Civilian officers to execute required duties, failure to perform, penalty.
- § 40.465. Actions against convening authority or member of court, prohibited, when.
- § 40.470. Jurisdiction presumed, burden of proof.
- § 40.475. Governor's powers to delegate authority — exception.
- § 40.480. Purpose of military laws.
- § 40.485. Expenses, per diems, transportation for military personnel and civilians required to participate, how paid.
- § 40.490. Reemployment rights of persons ordered to active duty — attorney general to enforce rights — rights of Missouri National Guard called to state active duty.
- § 40.495. Severability of sections.