O.C.G.A.

O.C.G.A. § 38-2-1005 (2019)

Territorial applicability of article

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) This article shall be applicable at all times and in all places, provided that either the person subject to this article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting an offense under this article and the efficient functioning of the organized militia. Such grant of military jurisdiction

MILITARY, EMERG. & VET. AFFAIRS shall neither preclude nor limit civilian jurisdiction over an offense except when the prohibition of double jeopardy is concerned.

(b) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside of this state with the same jurisdiction and powers as to persons subject to this article as if such proceedings were held inside this state, and offenses committed outside this state may be tried and punished under this article either inside or outside this state.

History

Code 1981, § 38-2-1005, enacted by Ga. L. 2015, p. 753, § 1/HB 98. U.S. Code. - For similar provision in

Uniform Code of Military Justice, see 10 U.S.C. § 805.

Annotations

RESEARCH REFERENCES ALR. - Civil and criminal liability of soldiers, sailors, and militiamen, 147 A.L.R. 1429; 151 A.L.R. 1462; 151 A.L.R.

1463; 153 A.L.R. 1431; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.