(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained the person’s discharge shall be subject to:

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Terms Used In Hawaii Revised Statutes 124B-3

  • Apprehension: means the taking of a person into custody. See Hawaii Revised Statutes 124B-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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 Hawaii Revised Statutes 124B-1
  • State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) section 124B-68;
(2) Trial by court-martial on that charge; and
(3) After apprehension, this chapter while in the custody of the state military forces for that trial.

Upon conviction of that charge, the person shall be subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.

(b) No person who has deserted from the state military forces shall be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.