2010 Idaho Code
TITLE 46 MILITIA AND MILITARY AFFAIRS
CHAPTER 11 CODE OF MILITARY JUSTICE
46-1104 APPLICATION OF CODE -- ALL PLACES WITHIN STATE -- PERSONS SERVING OUTSIDE THE STATE -- WHEN JURISDICTION ATTACHES -- VENUE.

TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 11

CODE OF MILITARY JUSTICE

46-1104. Application of code -- All places within state -- Persons serving outside the state -- When jurisdiction attaches -- Venue. (1) This code shall be applicable in all places within the state. It shall also apply to all persons subject to this code while serving outside the state and while going to and returning from such service outside the state in like manner and to the same extent as when such persons are serving within the state.

(2) Courts-martial may be convened and held in units of the Idaho military while serving outside the state with the same jurisdiction and powers as if held within the state, and offenses committed outside the state may be tried and punished either within the state or outside the state.

(3) Court-martial jurisdiction attaches only upon the preferral of charges pursuant to the provisions of section 46-1118, Idaho Code, for an offense punishable under this code which occurred during a period when a person subject to the code was ordered to or did actually perform duty with the Idaho military under state or federal law. Once jurisdiction is properly attached, the convening and holding of a court-martial may be accomplished at any subsequent time, subject to the limitations of section 46-1131, Idaho Code.

(4) Venue for a court-martial shall be determined by the convening authority, considering factors including, but not limited to, location of the offense, residence of the accused, unit of assignment and availability of witnesses. An accused is not relieved from amenability to this code for an offense to which jurisdiction has properly attached by virtue of his separation or transfer from the Idaho military after the date of the alleged offense, and such an accused shall, from the time of apprehension or the service of charges required by section 46-1123, Idaho Code, whichever occurs first, be subject to this code and trial by court-martial on that charge and for any other offenses committed while awaiting trial or completing any sentence imposed for that offense.