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Chapter 124B

160 sections

§124B-1 Definitions for the Hawaii Code of Military Justice

§124B-2 Who this law covers and which courts handle cases

§124B-3 Who can still be tried by military court after leaving service

§124B-4 What happens when a fired officer asks for a military trial

§124B-5 When military law applies outside Hawaii

§124B-6 State judge advocates

§124B-7 Rights of a victim under this chapter

§124B-11 Who can arrest and hold people under this law

§124B-12 Who can arrest a military deserter and how

§124B-13 Arrest and confinement orders

§124B-14 Arrest and confinement before trial for military members

§124B-15 Where prisoners are held and what jailers must do

§124B-16 No punishment before trial

§124B-17 Turning over accused service members to civilian authorities

§124B-21 When commanders can discipline without a court-martial

§124B-31 Types of military courts and who sits on them

§124B-32 Who can be tried by a court-martial

§124B-33 Which cases general courts-martial can hear

§124B-34 Special courts-martial: what they can do

§124B-35 Summary courts-martial: who they can try and what they can do

§124B-41 Who can call a general court-martial

§124B-42 Who can call a special court-martial

§124B-43 Who can call a summary court-martial

§124B-44 Who can serve on courts-martial

§124B-45 Rules for choosing and overseeing a military judge

§124B-46 Who can serve as a military magistrate and what else they may do

§124B-47 Choosing trial and defense lawyers for courts-martial

§124B-48 Court reporters and interpreters for military courts

§124B-49 How court-martial members are chosen and replaced

§124B-51 How charges are filed and the accused is told

§124B-52 Pre-trial court-martial proceedings and rules

§124B-53 No forced self-incrimination

§124B-54 Court-martial hearing before trial

§124B-55 Getting legal advice before sending charges to a court-martial

§124B-56 Delivering charges and starting a court-martial trial

§124B-61 Rules for military court procedures

§124B-62 Rules against pressuring military courts

§124B-63 Lawyers' duties in military court cases

§124B-64 When a military judge can hold court sessions

§124B-65 When court delays are allowed in military cases

§124B-66 Challenging court-martial judges and members

§124B-67 Swearing in court-martial officials and witnesses

§124B-68 Time limits for military court-martial cases

§124B-69 Protection from being tried twice for the same offense

§124B-70 Pleas of the accused

§124B-71 Getting witnesses and evidence for military court cases

§124B-72 What happens if a civilian ignores a military court subpoena

§124B-73 Who can punish contempt in military court

§124B-74 Taking and using depositions in military cases

§124B-75 When old sworn testimony can be used in military court

§124B-76 Defense for severe mental or physical illness in court-martial

§124B-77 How court-martial members vote and the judge's role

§124B-78 How court-martial votes decide convictions and sentences

§124B-79 How courts announce verdicts and decide punishments

§124B-80 Plea agreements

§124B-81 Keeping and sharing court-martial records

§124B-91 No cruel or unusual punishments in military courts

§124B-92 Court-martial sentencing rules

§124B-93 When military court sentences take effect

§124B-94 Where military court sentences are served

§124B-95 Court-martial sentences that reduce enlisted rank

§124B-96 Losing pay while confined after a court-martial

§124B-101 When a court-martial mistake can be corrected

§124B-102 Post-trial processing in general and special courts-martial

§124B-103 When a military commander can change a court-martial sentence

§124B-104 What happens after a court-martial trial

§124B-105 Recording the court-martial judgment

§124B-106 Waiving your right to appeal or dropping your appeal

§124B-107 State appeals in military court

§124B-108 New hearing rules for military court cases

§124B-109 Senior lawyer reviews guilty verdicts in summary courts-martial

§124B-110 Court-martial records: sending, review, and appeals

§124B-111 Appealing a court-martial decision

§124B-112 Appellate counsel

§124B-113 Vacation of suspension

§124B-114 Petition for a new trial

§124B-115 Remission and suspension of sentences

§124B-116 Restoring rights after a court-martial sentence is overturned

§124B-117 Finality of court-martial decisions

§124B-118 Leave required while waiting for review of a court-martial conviction

§124B-131 Who counts as a main offender

§124B-132 Helping a criminal avoid arrest or punishment

§124B-133 What crimes a service member can be found guilty of

§124B-134 What counts as an attempted crime and its punishment

§124B-135 Punishment for conspiracy under military law

§124B-136 Asking someone to commit a military crime

§124B-137 Faking illness or hurting yourself to avoid duty

§124B-138 Breaking medical quarantine

§124B-139 What counts as desertion and its punishment

§124B-140 Punishment for being absent without leave

§124B-141 Missing your unit's move or jumping from a military vessel

§124B-142 Punishment for resisting arrest or escaping custody

§124B-143 Escaping from correctional custody or restriction

§124B-144 Punishment for disrespectful words to leaders

§124B-145 Disrespect or assault against a superior officer

§124B-146 Willfully disobeying a superior officer

§124B-147 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer

§124B-148 Punishment for disobeying military orders or rules

§124B-149 Punishment for cruelty or mistreatment of subordinates

§124B-150 Sexual contact with trainees or recruits is banned

§124B-151 Mutiny or sedition

§124B-152 Rules for sentinels and lookouts on duty

§124B-153 Disrespect toward a sentinel or lookout

§124B-154 Releasing or drinking with a prisoner

§124B-155 Punishment for unlawful detention

§124B-156 Misconduct as a prisoner

§124B-157 Misbehavior before the enemy

§124B-158 Forcing a surrender

§124B-159 Misusing the password or signal

§124B-160 Forcing a safeguard

§124B-161 Spying during wartime

§124B-162 Espionage

§124B-163 Aiding the enemy

§124B-164 Public record offenses

§124B-165 Fraudulent enlistment, appointment, or separation

§124B-166 Punishment for knowingly enlisting or separating ineligible people

§124B-167 Forgery

§124B-168 Penalties for fake military passes and IDs

§124B-169 Impersonating an officer or official

§124B-170 Wearing unauthorized insignia or decorations

§124B-171 False official statements and false swearing

§124B-172 Military property: loss, damage, destruction, or wrongful disposition

§124B-173 Turning over captured or abandoned property

§124B-174 Punishment for damaging non-military property

§124B-175 Taking or opening mail before it is delivered

§124B-176 Punishment for risking military vessels or aircraft

§124B-177 Drunkenness and other incapacitation offenses

§124B-178 Wrongful use, possession, etc., of controlled substances

§124B-179 Drunk or reckless operation of a vehicle, aircraft, or vessel

§124B-180 Rules against endangering others and carrying hidden weapons

§124B-181 Threats and false threats are crimes

§124B-182 Punishment for causing or joining a riot

§124B-183 Punishment for provoking words or gestures

§124B-184 Offenses involving government computers

§124B-185 Fraud against the government

§124B-186 What counts as perjury and its punishment

§124B-187 Getting someone to lie under oath

§124B-188 Obstructing justice

§124B-189 Hiding a serious crime from authorities

§124B-190 Punishment for refusing to testify at military hearings

§124B-191 Preventing property from being seized

§124B-192 Punishment for delaying or ignoring military court rules

§124B-193 Wrongful interference with an adverse administrative proceeding

§124B-194 Protection from retaliation for reporting crimes

§124B-195 Punishment for officers convicted of bad conduct

§124B-196 What happens for misconduct not listed in this law

§124B-231 Courts of inquiry

§124B-232 Who can give oaths in the military

§124B-233 Explaining Military Rules to Service Members

§124B-234 How to complain about your commanding officer

§124B-235 Redress of injuries to property

§124B-236 Governor's power to delegate and make rules

§124B-237 Standards for military justice case management and records

§124B-238 Who carries out military court orders

§124B-239 How military courts can order people to appear or provide evidence

§124B-240 Paying Military Court Fines

§124B-241 Protection from lawsuits for military court and punishment decisions

§124B-242 Military courts are assumed to have authority

§124B-243 Making the law consistent across states

§124B-244 If one part is invalid, the rest still stands