Kentucky Statutes 35.030 – Territorial applicability of the code
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(1) This code has applicability at all times and in all places subject to the personal jurisdiction as provided in KRS § 35.015, or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.
(2) Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the same jurisdiction and powers as to persons subject to this code as if the proceeding were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 9, effective June 25, 2013. — Created
1954 Ky. Acts ch. 99, sec. 5, effective July 1, 1954.
(2) Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the same jurisdiction and powers as to persons subject to this code as if the proceeding were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
Terms Used In Kentucky Statutes 35.030
- Code: means this chapter. See Kentucky Statutes 35.010
- 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
- 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. 9, effective June 25, 2013. — Created
1954 Ky. Acts ch. 99, sec. 5, effective July 1, 1954.