HRS §124B-2
Who this law covers and which courts handle cases
This law applies to all members of Hawaii's state military forces at all times. It explains which court handles military versus non-military crimes. Military courts handle military offenses, and civilian courts handle non-military crimes unless they decline to prosecute.
everyone
The statute, as written — Persons subject to this chapter; jurisdiction
(a) This chapter applies to all members of the state military forces at all times. (b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military forces. Courts-martial shall have primary jurisdiction of military offenses. A proper civilian court shall have primary jurisdiction of a non-military offense when an act or omission violates both this chapter and local criminal law, foreign or domestic. A court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge; provided that jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.
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