Pennsylvania § 5104 - Subject matter jurisdiction.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 5104 — Subject matter jurisdiction., with citation guidance and answers to common questions.
§ 5104. Subject matter jurisdiction.
(a) General rule.--Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces.
(b) Military offenses.--Courts-martial have primary jurisdiction of military offenses as defined in this part.
(c) Nonmilitary offenses.--A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and 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.
(d) Inchoate offenses.--Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense.
Cross References. Section 5104 is referred to in sections 5107, 6045 of this title.
Source: official Pennsylvania text · Last verified 2026-08-27
Frequently Asked Questions About Pennsylvania § 5104
What does Pennsylvania Consolidated Statutes § 5104 cover?
Section 5104 ("Subject matter jurisdiction.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 5104?
A common citation format is "Pennsylvania Consolidated Statutes § 5104" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 5104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.