Revised Code of Washington
2023 Archive

Chapter 38.38 RCW
WASHINGTON CODE OF MILITARY JUSTICE
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Sections
PART I—GENERAL PROVISIONS
38.38.004Definitions—Construction.
38.38.008Persons subject to this code.
38.38.012Jurisdiction to try certain personnel.
38.38.016Dismissal of commissioned officer.
38.38.020Territorial applicability of the code.
38.38.024Judge advocates and legal officers.
PART II—APPREHENSION AND RESTRAINT
38.38.064Apprehension.
38.38.068Apprehension of deserters.
38.38.072Imposition of restraint.
38.38.076Restraint of persons charged with offenses.
38.38.080Confinement in jails.
38.38.084Reports and receiving of prisoners.
38.38.088Punishment prohibited before trial.
38.38.092Delivery of offenders to civil authorities.
PART III—NONJUDICIAL PUNISHMENT
38.38.132Commanding officer's nonjudicial punishment—Suspension—Appeal.
PART IV—COURTS-MARTIAL JURISDICTION
38.38.172Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.
38.38.176Jurisdiction of courts-martial in general.
38.38.180Jurisdiction of general courts-martial.
38.38.184Jurisdiction of special courts-martial—Dishonorable discharge.
38.38.188Jurisdiction of summary courts-martial.
38.38.192Sentences of dismissal or dishonorable discharge to be approved by the governor.
38.38.196Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
38.38.200Confinement instead of fine.
PART V—APPOINTMENT AND COMPOSITION
OF COURTS-MARTIAL
38.38.240Who may convene general courts-martial.
38.38.244Special courts-martial of organized militia not in federal service—Who may convene.
38.38.248Summary courts-martial of organized militia not in federal service—Who may convene.
38.38.252Who may serve on courts-martial.
38.38.256Military judge of a general or special court-martial.
38.38.258Military judges—Qualifications.
38.38.260Detail of trial counsel and defense counsel.
38.38.264Detail or employment of reporters and interpreters.
38.38.268Absent and additional members.
PART VI—PRETRIAL PROCEDURE
38.38.308Charges and specifications.
38.38.312Compulsory self-incrimination prohibited.
38.38.316Investigation.
38.38.320Forwarding of charges.
38.38.324Advice of state judge advocate and reference for trial.
38.38.328Service of charges.
PART VII—TRIAL PROCEDURE
38.38.368Governor may prescribe rules.
38.38.372Unlawfully influencing action of court.
38.38.376Duties of trial counsel and defense counsel.
38.38.380Sessions.
38.38.384Continuances.
38.38.388Challenges.
38.38.392Oaths.
38.38.396Statute of limitations.
38.38.400Former jeopardy.
38.38.404Pleas of the accused.
38.38.408Opportunity to obtain witnesses and other evidence.
38.38.412Refusal to appear or testify—Penalty.
38.38.416Contempts.
38.38.420Depositions.
38.38.424Admissibility of records of courts of inquiry.
38.38.428Voting, rulings, instructions.
38.38.432Number of votes required.
38.38.436Court to announce action.
38.38.440Record of trial.
PART VIII—SENTENCES
38.38.480Cruel and unusual punishments prohibited.
38.38.484Maximum limits—Reduction in pay grade.
38.38.488Effective date of sentences.
38.38.492Execution of confinement.
PART IX—REVIEW OF COURTS-MARTIAL
38.38.532Execution of sentence—Suspension of sentence.
38.38.536Initial action on the record.
38.38.540Initial action on the record—General court-martial records.
38.38.544Reconsideration and revision.
38.38.548Rehearings.
38.38.552Approval by the convening authority.
38.38.556Review of records—Disposition.
38.38.560Error of law—Lesser included offense.
38.38.564Review counsel.
38.38.568Vacation of suspension.
38.38.572Petition for a new trial.
38.38.576Remission and suspension.
38.38.580Restoration.
38.38.584Finality of proceedings, findings and sentences.
PART X—PUNITIVE ARTICLES
38.38.624Persons to be tried or punished.
38.38.628Principals.
38.38.632Accessory after the fact.
38.38.636Conviction of lesser included offense.
38.38.640Attempts.
38.38.644Conspiracy.
38.38.648Solicitation.
38.38.652Fraudulent enlistment, appointment, or separation.
38.38.656Unlawful enlistment, appointment, or separation.
38.38.660Desertion.
38.38.664Absence without leave.
38.38.668Missing movement.
38.38.672Contempt towards officials.
38.38.676Disrespect towards superior commissioned officer.
38.38.680Assaulting or willfully disobeying superior commissioned officer.
38.38.684Insubordinate conduct toward warrant officer or noncommissioned officer.
38.38.688Failure to obey order or regulation.
38.38.692Cruelty and maltreatment.
38.38.696Mutiny or sedition.
38.38.700Resistance, breach of arrest, and escape.
38.38.704Releasing prisoner without proper authority.
38.38.708Unlawful detention of another.
38.38.712Noncompliance with procedural rules.
38.38.716Misbehavior before the enemy.
38.38.720Subordinate compelling surrender.
38.38.724Improper use of countersign.
38.38.728Forcing a safeguard.
38.38.732Captured or abandoned property.
38.38.736Aiding the enemy.
38.38.740Misconduct of a prisoner.
38.38.744False official statements.
38.38.748Military property—Loss, damage, destruction, or wrongful disposition.
38.38.752Property other than military property—Waste, spoilage, or destruction.
38.38.756Improper hazarding of vessel.
38.38.760Reckless or impaired operation of a vehicle, aircraft, or vessel.
38.38.762Use, possession, or distribution of controlled substances.
38.38.764Drunk on duty—Sleeping on post—Leaving post before relief.
38.38.768Dueling.
38.38.772Malingering.
38.38.776Riot or breach of peace.
38.38.780Provoking speeches or gestures.
38.38.782Assault upon another member of the organized militia.
38.38.783Larceny and wrongful appropriation.
38.38.784Perjury.
38.38.788Frauds against the government.
38.38.796Conduct unbecoming an officer and a gentleman.
38.38.800General article.
PART XI—MISCELLANEOUS PROVISIONS
38.38.840Courts of inquiry.
38.38.844Authority to administer oaths.
38.38.848Sections to be explained.
38.38.852Complaints of wrongs.
38.38.856Redress of injuries to property.
38.38.860Execution of process and sentence.
38.38.864Process of military courts.
38.38.868Payment of fines and disposition thereof.
38.38.872Immunity for action of military courts.
38.38.876Presumption of jurisdiction.
38.38.880Delegation of authority by the governor.
38.38.884Uniformity of interpretation.
38.38.888Short title.
NOTES:
Reviser's note: Article numbers in this chapter parallel equivalent sections in the federal Uniform Code of Military Justice and do not constitute part of the law.