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Minnesota Statutes Military Affairs (Ch. 190-195) § 192A.111. Maximum limits

Current as of January 01, 2025 | Updated by Findlaw Staff

Subdivision 1. Punishment limits. The punishment for a violation of this code is limited to the lesser of the sentence prescribed by the manual for courts-martial of the United States in effect at the time of the offense or the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. A court-martial sentence must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of death.

Subd. 2. Level of offense. (a) A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than 364 days is a felony offense. All other military offenses are misdemeanors.

(b) In cases where the civilian authorities decline to prosecute and court-martial jurisdiction is taken pursuant tosections 192A.02, subdivision 3, and192A.605, the level of offense and punishment that a court-martial is authorized is defined by the level of offense and punishments authorized under any Minnesota state law or the manual for courts-martial of the United States for the assimilated crime.

(c) For crimes undersections 192A.54,192A.545,192A.59, and192A.595with monetary loss of less than $1,000, confinement shall be limited to that prescribed by a special court-martial.

(d) Any conviction by a summary courts-martial is not a criminal conviction.

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Cite this article: FindLaw.com - Minnesota Statutes Military Affairs (Ch. 190-195) § 192A.111. Maximum limits - last updated January 01, 2025 | https://codes.findlaw.com/mn/military-affairs-ch-190-195/mn-st-sect-192a-111/

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