Kentucky Statutes 35.015 – Persons subject to this code — Jurisdiction
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(1) This code applies to all members of the state military forces at all times and in all places.
(2) 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 7, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 2. — Created 1954 Ky. Acts ch. 99, sec. 2.
(2) 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.
Terms Used In Kentucky Statutes 35.015
- Code: means this chapter. See Kentucky Statutes 35.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Military offenses: means those offenses prescribed under KRS §. See Kentucky Statutes 35.010
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 7, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 2. — Created 1954 Ky. Acts ch. 99, sec. 2.