Friday, September 12, 2014

State military justice watch: Kentucky notes increase in sexual assault reports

State officials have reported an increase in the number of sexual assault allegations in the Kentucky National Guard in the wake of 2013 changes to the state's Code of Military Justice. Details here. Of note, section 30.015(2) requires a nexus between offenses and the state military force:
Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military force. Courts-martial have primary jurisdiction of military offenses of this code. A proper civilian court has primary jurisdiction of a non-military offense when an act or omission violates both this code and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.

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