Utah Code 39A-5-301. Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons
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(1) Punishment directed by a military court for an offense may not exceed limits prescribed under Subsection (2) or lesser limits prescribed by the governor for the offense.
Terms Used In Utah Code 39A-5-301
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) A military court may impose upon an accused any of the following after conviction for an offense:
(2)(a) incarceration in a county jail for no longer than one year;
(2)(b) a fine of not more than $2,500;
(2)(c) forfeiture of pay of not more than $2,500;
(2)(d) detention of pay equivalent to three months’ pay for a period not to exceed one year;
(2)(e) arrest in quarters for officers;
(2)(f) restriction to specified limits for enlisted members;
(2)(g) extra duty for not more than 60 consecutive days;
(2)(h) reprimand;
(2)(i) reduction of enlisted members to the lowest enlisted grade;
(2)(j) a bad conduct discharge for enlisted members;
(2)(k) dismissal for officers;
(2)(l) restitution to any individual or entity injured as a result of the accused’s conduct; or
(2)(m) any combination of Subsections (2)(a) through (2)(l).
(3) Cruel or unusual punishments, including flogging, branding, marking, or tattooing on the body may not be imposed by any court or inflicted upon any individual subject to this chapter.
(4) Single or double irons may not be used unless necessary for safe custody.