Oklahoma § 44-802 - Persons subject to the Oklahoma Uniform Code of Military

§ 44-802. Persons subject to the Oklahoma Uniform Code of Military

Justice.

ARTICLE 2. Persons subject to the Oklahoma Uniform Code of

Military Justice.

A. The Oklahoma Uniform Code of Military Justice applies to all

members of the state military forces at all times who are not in

active federal service, as defined by Title 10 of the United States

Code.

B. Subject matter jurisdiction is established for military

offenses if a member of the state military forces is in a duty

status under Title 32 of the United States Code or on state active

duty orders. Subject matter jurisdiction is also established for

military and nonmilitary offenses if more likely than not, a nexus

exists between an offense and the state military forces, regardless

of a member's duty status. Courts-martial shall have primary

jurisdiction over military offenses as defined in the Code.

C. The civilian courts shall have primary jurisdiction over

nonmilitary offenses when an act or omission violates both the Code

Oklahoma Statutes - Title 44. Militia

and local criminal law. In such a case, a court-martial may be

initiated only after the civilian authority has declined to

prosecute or has dismissed the charge, provided jeopardy has not

attached. When a member is not in a duty status under Title 32 of

the United States Code or on state active duty orders, there shall

be a rebuttable presumption that subject matter jurisdiction does

not exist under the Code. The Governor or Adjutant General may

promulgate additional regulations prescribing how a convening

authority shall determine the existence of a nexus between a

nonmilitary offense and state military forces.

D. Jurisdiction over attempted crimes, conspiracy crimes,

solicitation and accessory crimes shall be determined by the

underlying offense.

E. If a commander or officer in charge determines that a nexus

exists between a nonmilitary offense and the state military forces,

for purposes of administrative action, the commander or officer in

charge may impose nonjudicial punishment regardless of whether

courts-martial jurisdiction is then possessed or later acquired by

the state military forces.

Added by Laws 2019, c. 408, § 6, eff. Oct. 1, 2019. Amended by Laws

2021, c. 12, § 10, emerg. eff. April 13, 2021.