51 Pa.C.S. Ch. 51

in effect

51 Pa.C.S. § 5100 Short title of part (Repealed).

2012 Repeal. Section 5100 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51 Pa.C.S. § 5101 Short title of part.

This part shall be known and may be cited as the Pennsylvania Code of Military Justice.

51 Pa.C.S. § 5102 Definitions.

Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Accuser." A person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another or any other person who has an interest other than an official interest in the prosecution of the accused. "Adjutant General." The Adjutant General of the Commonwealth of Pennsylvania. "Cadet," "candidate" or "midshipman." A person who is enrolled in or attending a State military academy, a regional training institute or any other formal education program for the purpose of becoming a commissioned or warrant officer in the State military forces. "Classified information." Any of the following: (1) Information or material that has been determined by an official of the United States or any state pursuant to law, an executive order or regulation to require protection against unauthorized disclosure for reasons of national or State security. (2) Restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (68 Stat. 921, 42 U.S.C. § 2014(y)). "Commanding officer" or "commander." The Adjutant General and other commissioned officers of the State military forces when exercising command over a unit or element. The term includes officers in charge only when administering nonjudicial punishment under section 5301 (relating to commanding officer's nonjudicial punishment). "Convening authority." Includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command. "Day" or "calendar day." Any punishment authorized by this part, which is measured in terms of days, shall, when served in a status other than annual field training, be construed to mean succeeding duty days. The term is not synonymous with the term "unit training assembly." "Department." The Department of Military and Veterans Affairs of the Commonwealth. "Duty status other than State active duty." Any other type of duty under an order issued by authority of law not in Federal service and not full-time duty in the active service of the State. The term includes travel to and from the duty. "Enemy." An organization, entity or individual who engages in combat or hostilities against the State military forces or attacks or threatens to attack the United States or this Commonwealth. "Enlisted member." A person in an enlisted grade. "Fatigue duties." Duties, including, but not limited to, cleaning real property and facilities, kitchen duties and disposal of refuse duties which are not within the day-to-day duties of a member of the State military forces. "Grade." A step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. "Judge advocate." A commissioned officer of the State military forces who is a member in good standing of the bar of the Supreme Court and is: (1) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy or Marine Corps or designated as a law specialist as an officer of the Coast Guard or a reserve component of one of these; or (2) certified as a nonfederally recognized judge advocate, under regulations promulgated under this paragraph, by the State Judge Advocate, as competent to perform such military justice duties required by this part. If the State Judge Advocate is not available, the certification may be made by the senior judge advocate or the commander of another force in the State military forces, as the convening authority directs. "May." Is used in a permissive sense. The phrase "no person may............." means that no person is required, authorized or permitted to do the act prescribed. "Military court." A court-martial or a court of inquiry. "Military judge." An official of a general or special court-martial detailed in accordance with section 5505 (relating to military judge of a general or special court-martial). "Military offenses." Those offenses described under Chapter 60 (relating to punitive sections) which are military in nature and for which there are no analogous criminal offenses described in any other law of this Commonwealth. "National security." The national defense and foreign relations of the United States. "Nonmilitary offenses." Those offenses described under Chapter 60 (relating to punitive sections) for which there are one or more analogous criminal offenses described in any other law of this Commonwealth. "Record." When used in connection with the proceedings of a court-martial, any of the following: (1) An official written transcript, written summary or other writing relating to the proceedings. (2) An official audiotape, videotape, digital image or file or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. "Senior force commander." The commander of the same force of the State military forces as the accused. "Shall." Is used in an imperative sense. "State." One of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam or the Virgin Islands. "State active duty." Full-time duty in the State military forces under an order of the Governor or otherwise issued by authority of law and paid by State funds. The term includes travel to and from such duty for an emergency ordered under section 508 (relating to active duty for emergency) and special State duty ordered under section 1415 of the act of April 29, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. "State Judge Advocate." The judge advocate designated as responsible for supervising the administration of the military justice in the State military forces. He shall be the military staff judge advocate to the Governor and the Adjutant General. "State military forces." Any military force of the Commonwealth not in a status subjecting it to the exclusive jurisdiction of the United States. The term shall include militia when ordered into actual service for emergency under section 507 (relating to draft from militia for emergency) and the Pennsylvania National Guard. "Superior commissioned officer." A commissioned officer superior in rank and command. "War." A period of armed conflict declared a war by the Congress of the United States or recognized by the Adjutant General as a war by virtue of a declaration of national emergency and authorization by Congress. Cross References. Section 5102 is referred to in section 5506 of this title.

51 Pa.C.S. § 5103 Persons subject to part.

This part applies to all members of the State military forces who are not in a Federal status under which they are subject to the Uniform Code of Military Justice (64 Stat. 109, 10 U.S.C. § 801 et seq.).

51 Pa.C.S. § 5104 Subject matter jurisdiction.

(a) General rule.--Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces. (b) Military offenses.--Courts-martial have primary jurisdiction of military offenses as defined in this part. (c) Nonmilitary offenses.--A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached. (d) Inchoate offenses.--Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense. Cross References. Section 5104 is referred to in sections 5107, 6045 of this title.

51 Pa.C.S. § 5105 Jurisdiction to try certain personnel.

(a) Discharge obtained fraudulently.--Each person subject to this part discharged from the State military forces who is later charged with having fraudulently obtained a discharge shall be, subject to section 5708 (relating to statute of limitations), subject to trial by court-martial on said charge and shall after apprehension be subject to this part while in custody under the direction of the State military forces for that trial. Upon conviction of said charge, the person shall be subject to trial by court-martial for all offenses under this part committed before the fraudulent discharge. (b) Deserters.--No person subject to this part who has deserted from the State military forces shall be relieved from amenability to the jurisdiction of this part by virtue of a separation from any subsequent period of service.

51 Pa.C.S. § 5106 Dismissal of commissioned officer.

(a) Court-martial proceedings.--Any commissioned officer subject to this part dismissed by order of the Governor may make a written application for trial by court-martial, setting forth, under oath, that the officer has been wrongfully dismissed. In such event, the Governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which the officer was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but, if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue. (b) Failure to convene court-martial.--If the Governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

51 Pa.C.S. § 5107 Territorial applicability.

(a) General rule.--This part has applicability at all times and in all places, provided that the person accused is subject to this part and subject matter jurisdiction is established under section 5104 (relating to subject matter jurisdiction). (b) Location of proceedings.--Courts-martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside this Commonwealth with the same jurisdiction and powers as to persons subject to this part as if the proceedings were held inside this Commonwealth, and persons subject to this part accused of committing offenses outside this Commonwealth shall be subject to trial and punishment either inside or outside this Commonwealth.

51 Pa.C.S. § 5108 Judge advocates and legal officers.

(a) Appointment of State Judge Advocate.--The Governor, on the recommendation of the Adjutant General, shall appoint a judge advocate officer of the State military forces as the State Judge Advocate. To be eligible for appointment, such officer shall have been a member of the bar of the Supreme Court for at least five years. (b) Field inspections.--The State Judge Advocate and the judge advocates of the State military forces or their delegates shall make frequent inspections in the field in supervision of the administration of military justice. (c) Direct communication.--Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command or with the State Judge Advocate. (d) Disqualification in case.--No person who has acted as a member, military judge, trial counsel, defense counsel or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026