§ 33-10-20 Definitions
§ 33-10-21 Persons subject to this code
§ 33-10-22 Subject matter jurisdiction–Primary jurisdiction
§ 33-10-23 Jurisdiction over persons charged with fraudulent discharge
§ 33-10-24 Jurisdiction over deserters
§ 33-10-25 Applicability to persons in duty status or where nexus exists between offense and state military functions–Civilian jurisdiction
§ 33-10-26 Extraterritorial jurisdiction
§ 33-10-27 Judge advocate supervision
§ 33-10-28 Communication with judge advocates
§ 33-10-29 Judge advocate to reviewing authority
§ 33-10-30 Apprehension defined
§ 33-10-31 Persons authorized to apprehend upon probable cause
§ 33-10-32 Quelling of or apprehension for quarrels, frays, and disorders
§ 33-10-33 Extradition
§ 33-10-34 Fees for apprehension
§ 33-10-35 Arrest and confinement defined
§ 33-10-36 Arrest or confinement of enlisted member
§ 33-10-37 Arrest or confinement of commissioned officer, warrant officer, or civilian
§ 33-10-38 Probable cause to arrest or confine
§ 33-10-39 Custody before notification of proper authority
§ 33-10-40 Notice of offense–Diligent steps for trial or dismissal
§ 33-10-41 Place of confinement
§ 33-10-42 Receiving of prisoners
§ 33-10-43 Reports of prisoners
§ 33-10-44 Confinement with enemy prisoners prohibited
§ 33-10-45 Punishment prohibited before trial
§ 33-10-46 Delivery of offenders to civil authorities
§ 33-10-47 Completion of sentence of court martial upon return from civil authority
§ 33-10-48 Failure of enlisted member to report for duty–Arrest–Fees–Promulgation of rules
§ 33-10-49 Arrest or confinement for disobedience or disruption–Trespassers
§ 33-10-50 Commanding officer’s non-judicial punishment
§ 33-10-51 Forms of punishment by any commanding officer
§ 33-10-52 Forms of punishment by major, lieutenant commander, or above
§ 33-10-53 Forms of punishment by Governor, adjutant general, or certain other officers
§ 33-10-54 Duration of consecutive punishments
§ 33-10-55 Arrest in quarters or restriction–Notice regarding right to trial by court-martial
§ 33-10-56 Suspension or mitigation of punishment
§ 33-10-57 Appeal
§ 33-10-58 Punishment not a bar to trial by court-martial or civilian court–Consideration of disciplinary punishment
§ 33-10-59 Forfeiture of pay
§ 33-10-60 Promulgation of rules regarding records
§ 33-10-61 Courts-martial classified
§ 33-10-62 Jurisdiction of courts-martial in general
§ 33-10-63 Jurisdiction of general courts-martial
§ 33-10-64 Jurisdiction of special courts-martial
§ 33-10-65 Jurisdiction of summary courts-martial
§ 33-10-66 Objection to trial by summary courts-martial
§ 33-10-67 Who may convene general courts-martial
§ 33-10-68 Who may convene special courts-martial
§ 33-10-69 Who may convene summary courts-martial
§ 33-10-70 Commissioned officer service on courts-martial
§ 33-10-71 Warrant officer service on courts-martial
§ 33-10-72 Enlisted member service on courts-martial
§ 33-10-73 Court-martial member to be senior to accused
§ 33-10-74 Qualifications of court-martial member
§ 33-10-75 Excuse of court-martial member from participating
§ 33-10-76 Military judge detailed to general and special court-martial
§ 33-10-77 Qualifications of military judge
§ 33-10-78 Admission of military judge pro hac vice
§ 33-10-79 Designation of military judge–Performance report prohibited
§ 33-10-80 Military judge may not be accuser, witness, investigator, or counsel
§ 33-10-81 Consultation with members of court
§ 33-10-82 Detail of trial counsel and defense counsel
§ 33-10-83 Counsel may not have been investigator, military judge, witness, court member, or opposing counsel
§ 33-10-84 Qualifications of counsel
§ 33-10-85 Admission of defense counsel pro hac vice–Qualifications
§ 33-10-86 Detail or employment of court reporters and interpreters–Promulgation of rules
§ 33-10-87 Absent members of court-martial
§ 33-10-88 Additional members of general court-martial
§ 33-10-89 Additional members of special court-martial
§ 33-10-90 Court-martial composed of military judge only–Procedure when military judge unable to proceed
§ 33-10-91 Marshal–Duties
§ 33-10-92 Compensation of marshal
§ 33-10-93 Malfeasance of sheriff or marshal
§ 33-10-94 Immunity of court members
§ 33-10-95 Charges and specifications
§ 33-10-96 Compulsory self-incrimination prohibited
§ 33-10-97 Advice of right to remain silent
§ 33-10-98 Compulsory self-degradation prohibited
§ 33-10-99 Exclusion of evidence
§ 33-10-100 Investigation of charges
§ 33-10-101 Notice to accused of charges–Right to counsel–Examination of witnesses–Statement of testimony
§ 33-10-102 Demand for further investigation
§ 33-10-103 Investigation of uncharged offenses
§ 33-10-104 Nonjurisdictional error
§ 33-10-105 Forwarding of charges
§ 33-10-106 Advice of judge advocate regarding charge
§ 33-10-107 Contents of judge advocate’s statement–Reference for trial
§ 33-10-108 Correction of charges or specifications
§ 33-10-109 Service of charges
§ 33-10-110 Promulgation of procedural rules by Governor or adjutant general
§ 33-10-111 Unlawfully influencing action of court
§ 33-10-112 Report of performance as court-martial member, witness, or counsel prohibited
§ 33-10-113 Qualifications of trial counsel–Preparation of record
§ 33-10-114 Qualifications of defense counsel–Rights of accused
§ 33-10-115 Duties of defense counsel in court-martial proceeding resulting in conviction
§ 33-10-116 Sessions without presence of court-martial members–Record
§ 33-10-117 Presence of accused, counsel, and military judge at proceedings–Exception
§ 33-10-118 Continuances
§ 33-10-119 Challenges for cause
§ 33-10-120 Procedure when court members reduced below minimum by challenge for cause
§ 33-10-121 Peremptory challenges
§ 33-10-122 Procedure when court members reduced below minimum by peremptory challenge
§ 33-10-123 Challenges after additional members are detailed
§ 33-10-124 Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter
§ 33-10-125 Oath of witness
§ 33-10-126 Statute of limitations
§ 33-10-127 Unauthorized absence excluded in computing limitation period
§ 33-10-128 Absence from territory excluded in computing limitation period
§ 33-10-129 Limitation period during wartime
§ 33-10-130 Statute of limitations for new charges and specifications following dismissal for defect or insufficiency
§ 33-10-131 Conditions for new charges and specifications
§ 33-10-132 Former jeopardy
§ 33-10-133 Jeopardy where accused found guilty
§ 33-10-134 Jeopardy where accused not found guilty
§ 33-10-135 Not guilty plea
§ 33-10-136 Finding upon guilty plea–Withdrawal of guilty plea
§ 33-10-137 Opportunity to obtain witnesses and other evidence
§ 33-10-138 Refusal to appear or testify
§ 33-10-139 Witness fees
§ 33-10-140 Contempt
§ 33-10-141 Oral and written depositions
§ 33-10-142 Notice of deposition
§ 33-10-143 Officers before whom deposition taken
§ 33-10-144 Admissibility of deposition
§ 33-10-145 Admissibility of records of courts of inquiry
§ 33-10-146 Defense of lack of mental responsibility
§ 33-10-147 Burden of proof of lack of mental responsibility
§ 33-10-148 Findings by court-martial members when lack of mental responsibility at issue
§ 33-10-149 Findings by military judge or summary court-martial officer when lack of mental responsibility at issue
§ 33-10-150 Conditions for finding of not guilty by reason of lack of mental responsibility
§ 33-10-151 Voting by secret written ballot
§ 33-10-152 Rulings upon questions of law and interlocutory questions
§ 33-10-153 Instructions
§ 33-10-154 Findings and rulings by court-martial composed of military judge only
§ 33-10-155 Number of votes required
§ 33-10-156 Court to announce action
§ 33-10-157 Record of proceedings–Authentication
§ 33-10-158 Contents of record–Promulgation of rules
§ 33-10-159 Records of summary court-martial–Promulgation of rules
§ 33-10-160 Copy of record to be given to the accused
§ 33-10-161 Cruel and unusual punishments prohibited
§ 33-10-162 Maximum sentence–Felony and misdemeanor–Noncriminal conviction
§ 33-10-163 Limits of punishment
§ 33-10-164 Forfeitures
§ 33-10-165 Computation of period of confinement–Effective date of other sentences
§ 33-10-166 Deferment of sentence to confinement–Rescission
§ 33-10-167 Deferment until after accused has been permanently released to state military forces
§ 33-10-168 Persons subject to deferment until permanently released to state military forces
§ 33-10-169 Deferment of sentence to confinement while review pending
§ 33-10-170 Place of confinement
§ 33-10-171 Hard labor
§ 33-10-172 Fees for confinement
§ 33-10-173 Reduction of enlisted member pay grade
§ 33-10-174 Restoration of pay
§ 33-10-175 Forfeiture of pay and allowances
§ 33-10-176 Sentences subject to forfeiture of pay and allowances
§ 33-10-177 Waiver of forfeiture of pay and allowances for dependents of accused
§ 33-10-178 Restoration of pay and allowances
§ 33-10-179 Error of law
§ 33-10-180 Lesser included offense
§ 33-10-181 Prompt report of findings and sentence to convening authority
§ 33-10-182 Submission to convening authority of matters for consideration–Time for submission
§ 33-10-183 Extension of time for submission
§ 33-10-184 Provision of record to accused
§ 33-10-185 Waiver of right to make submission
§ 33-10-186 Authority to modify findings and sentence
§ 33-10-187 Action on sentence of court-martial
§ 33-10-188 Action on findings of court-martial
§ 33-10-189 Recommendation of judge advocate–Promulgation of rules–Response and objection
§ 33-10-190 Proceeding in revision or rehearing
§ 33-10-191 Matters considered at proceeding in revision
§ 33-10-192 Matters considered at rehearing–Dismissal without rehearing
§ 33-10-193 Withdrawal of appeal
§ 33-10-194 Time for withdrawal of appeal
§ 33-10-195 Appeal by the state
§ 33-10-196 Time for appeal by the state–Contents of notice of appeal
§ 33-10-197 Diligent prosecution of appeal
§ 33-10-198 State’s appeal to Supreme Court limited to matters of law
§ 33-10-199 Consideration of delay concerning issue of speedy trial
§ 33-10-200 Rehearings
§ 33-10-201 Review by senior force judge advocate
§ 33-10-202 Adjutant General action–Promulgation of rules
§ 33-10-203 Action by adjutant general
§ 33-10-204 Dismissal when rehearing impracticable
§ 33-10-205 Action by the Governor
§ 33-10-206 Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty
§ 33-10-207 Action by adjutant general regarding subject matter jurisdiction
§ 33-10-208 Disposition of records
§ 33-10-209 Review by Supreme Court
§ 33-10-210 Appellate government counsel
§ 33-10-211 Right to counsel on appeal by state
§ 33-10-212 Right to counsel on appeal by accused
§ 33-10-213 Appointment of judge advocate to represent accused
§ 33-10-214 Representation by civilian appellate counsel
§ 33-10-215 Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn
§ 33-10-216 Execution of sentence when appeal waived or withdrawn
§ 33-10-217 Probation violation–Hearing–Representation by counsel
§ 33-10-218 Vacation of suspension–Execution of sentence
§ 33-10-219 Authority to vacate suspension
§ 33-10-220 Petition for new trial
§ 33-10-221 Remission and suspension
§ 33-10-222 Restoration–Promulgation of rules
§ 33-10-223 Substitution for dishonorable or bad-conduct discharge
§ 33-10-224 Reappointment of commissioned officer
§ 33-10-225 Finality of proceedings, findings, and sentences
§ 33-10-226 Leave required pending review of certain court-martial convictions
§ 33-10-227 Commitment of person incompetent to stand trial
§ 33-10-228 Action in accordance with statute applicable to persons incompetent to stand trial
§ 33-10-229 Notice of determination that accused is competent to stand trial
§ 33-10-230 Action by general court-martial convening authority or attorney general
§ 33-10-231 Custody of facility director
§ 33-10-232 References to court that ordered commitment
§ 33-10-233 Commitment of person found not guilty by reason of lack of mental responsibility
§ 33-10-234 Hearing on mental condition
§ 33-10-235 Report of hearing results
§ 33-10-236 Action when release would create substantial risk of injury or serious property damage
§ 33-10-237 Statute applicable to hospitalized person
§ 33-10-238 Application of statute comparable to 18 U.S.C. 4247(d)
§ 33-10-239 Application of statute comparable to 18 U.S.C. § 4241 et seq.–Change of status
§ 33-10-240 Principal defined
§ 33-10-241 Accessory after the fact
§ 33-10-242 Included offense–Attempted offense
§ 33-10-243 Attempt defined
§ 33-10-244 Attempt to commit offense subject to punishment
§ 33-10-245 Conviction of attempt for consummated offense
§ 33-10-246 Conspiracy
§ 33-10-247 Solicitation to desert or mutiny
§ 33-10-248 Solicitation to commit misbehavior before the enemy or sedition
§ 33-10-249 Fraudulent enlistment, appointment, or separation
§ 33-10-250 Unlawful enlistment, appointment, or separation
§ 33-10-251 Desertion
§ 33-10-252 Desertion by commissioned officer
§ 33-10-253 Punishment for desertion
§ 33-10-254 Absence without leave
§ 33-10-255 Missing movement
§ 33-10-256 Contempt toward officials
§ 33-10-257 Disrespect toward superior commissioned officer
§ 33-10-258 Assaulting or willfully disobeying superior commissioned officer
§ 33-10-259 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
§ 33-10-260 Failure to obey order or regulation
§ 33-10-261 Cruelty and maltreatment
§ 33-10-262 Mutiny–Sedition–Failure to suppress or report
§ 33-10-263 Punishment for mutiny or sedition
§ 33-10-264 Resistance–Flight–Breach of arrest–Escape
§ 33-10-265 Releasing prisoner without proper authority
§ 33-10-266 Unlawful detention
§ 33-10-267 Noncompliance with procedural rules
§ 33-10-268 Misbehavior before the enemy
§ 33-10-269 Subordinate compelling surrender
§ 33-10-270 Improper use of countersign
§ 33-10-271 Captured or abandoned property–Securing and turning over
§ 33-10-272 Captured or abandoned property–Offenses
§ 33-10-273 Aiding the enemy
§ 33-10-274 Misconduct as prisoner
§ 33-10-275 False official statements
§ 33-10-276 Military property–Loss, damage, destruction, or wrongful disposition
§ 33-10-277 Property other than military property–Waste, spoilage, or destruction
§ 33-10-278 Willful hazarding of vessel
§ 33-10-279 Negligent hazarding of vessel
§ 33-10-280 Drunk on duty
§ 33-10-281 Wrongful use, possession, or distribution of controlled substances
§ 33-10-282 Controlled substances defined
§ 33-10-283 Misbehavior of sentinel
§ 33-10-284 Malingering
§ 33-10-285 Riot or breach of peace
§ 33-10-286 Provoking speeches or gestures
§ 33-10-287 Frauds against the government
§ 33-10-288 Conduct unbecoming an officer
§ 33-10-289 Disorder and neglect–Conduct discrediting state military forces
§ 33-10-290 Court of inquiry convened for investigation
§ 33-10-291 Members of court–Counsel
§ 33-10-292 Parties
§ 33-10-293 Challenge to court members
§ 33-10-294 Oaths
§ 33-10-295 Witnesses
§ 33-10-296 Findings–Opinions
§ 33-10-297 Record of proceedings
§ 33-10-298 Administration of oaths for purposes of military administration
§ 33-10-299 Administration of oaths necessary in performance of duties
§ 33-10-300 Prima facie evidence of authority to administer oath
§ 33-10-301 Complaint of wrong
§ 33-10-302 Delegation by Governor
§ 33-10-303 Payment of fees, costs, and expenses
§ 33-10-304 Military justice fund
§ 33-10-305 Payment of fines–Disposition
§ 33-10-306 Uniformity of interpretation
§ 33-10-307 Immunity for action of military courts
§ 33-10-308 Short title
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Terms Used In South Dakota Codified Laws > Title 33 > Chapter 10 - Uniform State Code of Military Justice

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment pursuant to this code. See South Dakota Codified Laws 33-10-20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See South Dakota Codified Laws 33-10-20
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Oath: A promise to tell the truth.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Record: when used in connection with the proceedings of a court-martial:

    (a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2