There is a newer version of the Revised Code of Washington
2016 Revised Code of Washington
Title 38 - MILITIA AND MILITARY AFFAIRS
38.38 Washington code of military justice.
PART I—GENERAL PROVISIONS
- 38.38.004 Definitions—Construction.
- 38.38.008 Persons subject to this code.
- 38.38.012 Jurisdiction to try certain personnel.
- 38.38.016 Dismissal of commissioned officer.
- 38.38.020 Territorial applicability of the code.
- 38.38.024 Judge advocates and legal officers.
PART II—APPREHENSION AND RESTRAINT
- 38.38.064 Apprehension.
- 38.38.068 Apprehension of deserters.
- 38.38.072 Imposition of restraint.
- 38.38.076 Restraint of persons charged with offenses.
- 38.38.080 Confinement in jails.
- 38.38.084 Reports and receiving of prisoners.
- 38.38.088 Punishment prohibited before trial.
- 38.38.092 Delivery of offenders to civil authorities.
PART III—NONJUDICIAL PUNISHMENT
PART IV—COURTS-MARTIAL JURISDICTION
- 38.38.172 Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.
- 38.38.176 Jurisdiction of courts-martial in general.
- 38.38.180 Jurisdiction of general courts-martial.
- 38.38.184 Jurisdiction of special courts-martial—Dishonorable discharge.
- 38.38.188 Jurisdiction of summary courts-martial.
- 38.38.192 Sentences of dismissal or dishonorable discharge to be approved by the governor.
- 38.38.196 Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
- 38.38.200 Confinement instead of fine.
PART V—APPOINTMENT AND COMPOSITION
OF COURTS-MARTIAL
- 38.38.240 Who may convene general courts-martial.
- 38.38.244 Special courts-martial of organized militia not in federal service—Who may convene.
- 38.38.248 Summary courts-martial of organized militia not in federal service—Who may convene.
- 38.38.252 Who may serve on courts-martial.
- 38.38.256 Military judge of a general or special court-martial.
- 38.38.258 Military judges—Qualifications.
- 38.38.260 Detail of trial counsel and defense counsel.
- 38.38.264 Detail or employment of reporters and interpreters.
- 38.38.268 Absent and additional members.
PART VI—PRETRIAL PROCEDURE
- 38.38.308 Charges and specifications.
- 38.38.312 Compulsory self-incrimination prohibited.
- 38.38.316 Investigation.
- 38.38.320 Forwarding of charges.
- 38.38.324 Advice of state judge advocate and reference for trial.
- 38.38.328 Service of charges.
PART VII—TRIAL PROCEDURE
- 38.38.368 Governor may prescribe rules.
- 38.38.372 Unlawfully influencing action of court.
- 38.38.376 Duties of trial counsel and defense counsel.
- 38.38.380 Sessions.
- 38.38.384 Continuances.
- 38.38.388 Challenges.
- 38.38.392 Oaths.
- 38.38.396 Statute of limitations.
- 38.38.400 Former jeopardy.
- 38.38.404 Pleas of the accused.
- 38.38.408 Opportunity to obtain witnesses and other evidence.
- 38.38.412 Refusal to appear or testify—Penalty.
- 38.38.416 Contempts.
- 38.38.420 Depositions.
- 38.38.424 Admissibility of records of courts of inquiry.
- 38.38.428 Voting, rulings, instructions.
- 38.38.432 Number of votes required.
- 38.38.436 Court to announce action.
- 38.38.440 Record of trial.
PART VIII—SENTENCES
- 38.38.480 Cruel and unusual punishments prohibited.
- 38.38.484 Maximum limits—Reduction in pay grade.
- 38.38.488 Effective date of sentences.
- 38.38.492 Execution of confinement.
PART IX—REVIEW OF COURTS-MARTIAL
- 38.38.532 Execution of sentence—Suspension of sentence.
- 38.38.536 Initial action on the record.
- 38.38.540 Initial action on the record—General court-martial records.
- 38.38.544 Reconsideration and revision.
- 38.38.548 Rehearings.
- 38.38.552 Approval by the convening authority.
- 38.38.556 Review of records—Disposition.
- 38.38.560 Error of law—Lesser included offense.
- 38.38.564 Review counsel.
- 38.38.568 Vacation of suspension.
- 38.38.572 Petition for a new trial.
- 38.38.576 Remission and suspension.
- 38.38.580 Restoration.
- 38.38.584 Finality of proceedings, findings and sentences.
PART X—PUNITIVE ARTICLES
- 38.38.624 Persons to be tried or punished.
- 38.38.628 Principals.
- 38.38.632 Accessory after the fact.
- 38.38.636 Conviction of lesser included offense.
- 38.38.640 Attempts.
- 38.38.644 Conspiracy.
- 38.38.648 Solicitation.
- 38.38.652 Fraudulent enlistment, appointment, or separation.
- 38.38.656 Unlawful enlistment, appointment, or separation.
- 38.38.660 Desertion.
- 38.38.664 Absence without leave.
- 38.38.668 Missing movement.
- 38.38.672 Contempt towards officials.
- 38.38.676 Disrespect towards superior commissioned officer.
- 38.38.680 Assaulting or willfully disobeying superior commissioned officer.
- 38.38.684 Insubordinate conduct toward warrant officer or noncommissioned officer.
- 38.38.688 Failure to obey order or regulation.
- 38.38.692 Cruelty and maltreatment.
- 38.38.696 Mutiny or sedition.
- 38.38.700 Resistance, breach of arrest, and escape.
- 38.38.704 Releasing prisoner without proper authority.
- 38.38.708 Unlawful detention of another.
- 38.38.712 Noncompliance with procedural rules.
- 38.38.716 Misbehavior before the enemy.
- 38.38.720 Subordinate compelling surrender.
- 38.38.724 Improper use of countersign.
- 38.38.728 Forcing a safeguard.
- 38.38.732 Captured or abandoned property.
- 38.38.736 Aiding the enemy.
- 38.38.740 Misconduct of a prisoner.
- 38.38.744 False official statements.
- 38.38.748 Military property—Loss, damage, destruction, or wrongful disposition.
- 38.38.752 Property other than military property—Waste, spoilage, or destruction.
- 38.38.756 Improper hazarding of vessel.
- 38.38.760 Reckless or impaired operation of a vehicle, aircraft, or vessel.
- 38.38.762 Use, possession, or distribution of controlled substances.
- 38.38.764 Drunk on duty—Sleeping on post—Leaving post before relief.
- 38.38.768 Dueling.
- 38.38.772 Malingering.
- 38.38.776 Riot or breach of peace.
- 38.38.780 Provoking speeches or gestures.
- 38.38.782 Assault upon another member of the organized militia.
- 38.38.783 Larceny and wrongful appropriation.
- 38.38.784 Perjury.
- 38.38.788 Frauds against the government.
- 38.38.796 Conduct unbecoming an officer and a gentleman.
- 38.38.800 General article.
PART XI—MISCELLANEOUS PROVISIONS
- 38.38.840 Courts of inquiry.
- 38.38.844 Authority to administer oaths.
- 38.38.848 Sections to be explained.
- 38.38.852 Complaints of wrongs.
- 38.38.856 Redress of injuries to property.
- 38.38.860 Execution of process and sentence.
- 38.38.864 Process of military courts.
- 38.38.868 Payment of fines and disposition thereof.
- 38.38.872 Immunity for action of military courts.
- 38.38.876 Presumption of jurisdiction.
- 38.38.880 Delegation of authority by the governor.
- 38.38.884 Uniformity of interpretation.
- 38.38.888 Short title.
NOTES:
PART VI—PRETRIAL PROCEDURE
PART VII—TRIAL PROCEDURE
PART VIII—SENTENCES
PART IX—REVIEW OF COURTS-MARTIAL
PART X—PUNITIVE ARTICLES
PART XI—MISCELLANEOUS PROVISIONS
Reviser's note: Article numbers in this chapter parallel equivalent sections in the federal Uniform Code of Military Justice and do not constitute part of the law.
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