| 40.005. | Definitions--law applicable to all state military forces not in |
| | federal service. |
| 40.007. | Discharge obtained by fraud--desertion--separation from service |
| | while proceedings are pending, jurisdiction of court. |
| 40.010. | Dismissal of commissioned officer, by governor--right to trial, |
| | procedure--discharge substituted for dismissal, when--reappointment |
| | --no right to trial, when. |
| 40.015. | Jurisdiction of military courts. |
| 40.017. | State judge advocate, appointment, qualifications--assistant |
| | judge advocates, appointment, qualifications, restrictions. |
| 40.020. | Apprehension defined--authority to apprehend, when. |
| 40.023. | Absent without leave, authority to apprehend--offender outside |
| | state, procedure. |
| 40.025. | Arrest--confinement--definitions--probable cause required |
| | --procedure--enlisted member--commissioned officer. |
| 40.030. | Orders for arrest and confinement, when--certain offenses, |
| | confinement not required--defendant's rights--power to issue |
| | warrants--bail, when. |
| 40.035. | Confinement, where. |
| 40.036. | Jails and prisons required to keep prisoners, when--official's duties. |
| 40.038. | Confinement requirements--other punishment prohibited--exception. |
| 40.040. | Civil offenses, delivery to civil authority for trial--offender also |
| | sentenced to court-martial to be returned to military, when. |
| 40.043. | Disciplinary punishment for minor offenses, no court-martial required |
| | --appeal procedure--right of accused to trial by court-martial. |
| 40.050. | Personnel serving on courts for courts-martial--branches of |
| | national guard, jurisdiction. |
| 40.055. | General courts-martial, jurisdiction--punishment. |
| 40.060. | Special courts-martial, jurisdiction--punishment--exceptions. |
| 40.065. | Summary courts-martial, jurisdiction--punishment--objection by |
| | accused, trial by general or special courts-martial. |
| 40.070. | Discharges or dismissals by courts-martial, requirements--governor's |
| | approval required. |
| 40.075. | Sentence to confinement at one dollar a day instead of fine |
| | --limitations. |
| 40.079. | Jurisdiction of courts-martial--accused of civil offense, release |
| | to civil authorities--accused of both civil and military offenses, |
| | released to civil authorities, when. |
| 40.083. | Convening general courts-martial, persons authorized. |
| 40.085. | Convening special courts-martial, persons authorized. |
| 40.088. | Convening summary courts-martial, persons authorized. |
| 40.090. | Eligibility to serve on courts-martial--members, how determined |
| | --unit, defined--ineligible persons. |
| 40.095. | Military judge--appointment--qualifications--duties--restrictions. |
| 40.098. | Trial counsel and defense counsel appointed, when--qualifications |
| | --restrictions. |
| 40.100. | Court reporters, appointment, when. |
| 40.105. | Members of general and special courts-martial required to be present, |
| | exceptions--members or military judge replaced, procedure. |
| 40.108. | Charges--contents--oath--accused to be informed. |
| 40.112. | Compelling self-incrimination prohibited--accused person's rights |
| | --violations not admitted in evidence. |
| 40.114. | Impartial investigation of charges required--accused person's rights |
| | --demand for further investigation, procedure. |
| 40.117. | Charges forwarded to officer exercising general court-martial |
| | jurisdiction, when--delay requirements. |
| 40.119. | Referring charges for trial requirements to be met in general |
| | court-martial. |
| 40.121. | Copy of charges served on accused by trial counsel--time |
| | requirement before he can be brought to trial. |
| 40.124. | Procedure in military courts. |
| 40.126. | Attempts to influence or coerce court prohibited--exceptions. |
| 40.128. | Trial counsel, duties--defense counsel, duties--accused's right to |
| | provide civilian counsel or choose military--assistant counsels, |
| | duties. |
| 40.130. | Pretrial motions, arraignment, pleas, court in session without |
| | members--proceedings to be in presence of accused and counsel |
| | --exceptions, vote and deliberations of members. |
| 40.133. | Continuances, granted, when. |
| 40.135. | Challenges, general or special court-martial. |
| 40.138. | Oath required for all judges, members, counsel, reporters, |
| | interpreters. |
| 40.141. | Time limitation to bring action--war time, certain offenses no |
| | limitation--computation. |
| 40.144. | Res judicata to apply, when--exception not a bar to civilian |
| | prosecution. |
| 40.148. | Not guilty plea, entered when. |
| 40.150. | Witnesses and evidence, authority to obtain. |
| 40.153. | Witness, willful failure to appear or to produce evidence, penalty |
| | --prosecutor shall prosecute. |
| 40.155. | Contempt, authority of military court--penalties. |
| 40.157. | Depositions authorized, when--procedure--exception--admitted into |
| | evidence, when. |
| 40.160. | Sworn testimony in court of inquiry, record admissible in evidence, |
| | when--exception. |
| 40.165. | Voting by members, procedure, general or special court-martial |
| | --instructions, content--exceptions--judge to rule on all questions of |
| | law. |
| 40.168. | Conviction to be by concurrence, exception--general court-martial |
| | majority, when--tie vote on challenge, effect. |
| 40.170. | Sentence and findings announced, when. |
| 40.173. | Record of proceedings authentication--verbatim, record not required |
| | when--copy to be furnished accused, when. |
| 40.175. | Cruel and unusual punishment prohibited. |
| 40.178. | Punishment, governor may prescribe limits. |
| 40.180. | Sentence, forfeiture of pay or allowance, effective when |
| | --confinement, begins to run, when, exceptions, how computed |
| | --defer service of sentence, when. |
| 40.183. | Sentence of confinement, where served--hard labor may be required |
| | --fee for keeping prisoner authorized. |
| 40.185. | Sentence, convening authority may approve, suspend or commute. |
| 40.190. | Trial record review by reviewing authority. |
| 40.193. | Opinion on general court-martial--drafted by whom--acquittal, |
| | limitations. |
| 40.195. | Record returned for reconsideration, when. |
| 40.198. | Rehearing limitations--dismissal of charges, when. |
| 40.200. | Sentence, approval by convening authority--powers. |
| 40.203. | Review--prohibited, when--general court-martial--bad conduct |
| | discharge, special court-martial--all other special and summary |
| | courts-martial. |
| 40.205. | Record of trial examined by judge advocate--board of review |
| | to review, when. |
| 40.208. | Boards of review--appointment--membership--qualifications--powers and |
| | duties. |
| 40.210. | Error of law, findings or sentence not incorrect unless prejudicial to |
| | rights of accused. |
| 40.214. | Appeals, when--accused's right to civilian counsel provided by him |
| | or military counsel--appellate military counsel, qualifications. |
| 40.216. | Sentence approval by governor required, when--governor's powers |
| | --sentence approval by convening authority, powers. |
| 40.218. | Probationer, violations--hearing, rights of probationer to counsel |
| | --procedure. |
| 40.220. | New trial, petition by accused when, grounds--time limitation. |
| 40.225. | Sentence, unexecuted portion--powers to remit or suspend, exception |
| | --discharge or dismissal ordered by governor, when. |
| 40.228. | Sentence set aside or disapproved all rights restored, exception |
| | --dishonorable or bad-conduct discharge not sustained, effect |
| | --dismissal not sustained, effect. |
| 40.230. | Sentences, proceedings, findings are final, exception--appeal on |
| | questions of law to state and federal courts. |
| 40.231. | Appeals from final decisions, how made. |
| 40.234. | Duty status required for conviction on certain offenses. |
| 40.237. | Principal in actions defined. |
| 40.240. | Assists offender, how punished. |
| 40.245. | Attempt to commit offense may be part of offense. |
| 40.250. | Attempt to commit offense even though failing in commission is |
| | offense, when. |
| 40.255. | Conspirators, deemed to have committed offense, when. |
| 40.260. | Advising or soliciting--desertion--mutiny--misbehavior before a |
| | hostile force--sedition--offense performed, punishment--not |
| | performed, punishment. |
| 40.265. | False representation to procure enlistment--appointment--separation |
| | --court-martial proceedings. |
| 40.270. | Ineligible persons--enlisted, appointed, or separated from service, |
| | person effecting--court-martial. |
| 40.273. | Desertion, defined--punishment by court-martial. |
| 40.276. | Absent from place of duty--court-martial. |
| 40.278. | Missing ship, aircraft or unit--court-martial. |
| 40.280. | Contemptuous words, used against certain officials--court-martial. |
| 40.285. | Disrespect to superior commissioned officer--court-martial. |
| 40.290. | Violence or willfully disobeying command of superior commissioned |
| | officer. |
| 40.295. | Strikes, assaults or willfully disobeys, warrant officer |
| | --noncommissioned officer--petty officer, court-martial, when. |
| 40.300. | Orders--failure or dereliction in obeying--court-martial. |
| 40.305. | Cruelty or maltreatment of persons subject to his orders |
| | --court-martial. |
| 40.307. | Mutiny--sedition--attempted mutiny or sedition--failure to suppress |
| | or inform--offenses, court-martial. |
| 40.310. | Arrest, resists or breaks--escape from confinement--court-martial. |
| 40.312. | Escape by neglect or improper release of prisoners--court-martial. |
| 40.315. | False apprehension, arrest, confinement--court-martial. |
| 40.320. | Delay in case--failure to enforce regulation of proceedings |
| | --court-martial. |
| 40.325. | Hostile force, in presence of, commits certain |
| | offenses--court-martial. |
| 40.328. | Attempts to compel officer to surrender to enemy or to strike |
| | colors without proper authority--court-martial. |
| 40.330. | Parole or countersign giving to person not entitled or giving |
| | improperly to entitled person--court-martial. |
| 40.335. | Forcing a safeguard, court-martial. |
| 40.340. | Public property, duty to secure when taken from hostile forces |
| | --failure to turn over to proper authority--court-martial. |
| 40.350. | Hostile forces, aid--court-martial. |
| 40.355. | Hostile forces, capture--conduct improper--court-martial. |
| 40.360. | Signs official documents with intent to deceive--court-martial. |
| 40.365. | Military property--sells, neglects, damages, destroys, loses |
| | --court-martial. |
| 40.370. | Property, not military--willfully, recklessly wastes or spoils |
| | --court-martial. |
| 40.375. | Hazarding vessels of the United States or state, causing to be |
| | hazarded--court-martial. |
| 40.380. | Leaving post while on duty--use of drugs, drunkenness, sleeping on |
| | duty--court-martial. |
| 40.385. | Fighting--promoting a fight or duel, failure to report--court-martial. |
| 40.387. | Avoiding work, duty or service--court-martial. |
| 40.390. | Riot or breach of the peace, causing or participating |
| | --court-martial. |
| 40.395. | Provocative gestures or words, constituting a threat of violence |
| | --court-martial. |
| 40.398. | Perjury--giving a false oath or false testimony in a matter of inquiry |
| | --court-martial. |
| 40.400. | False claims against United States or state--forgery or |
| | counterfeiting signatures--property or money, failure to deliver |
| | with intent to defraud--court-martial. |
| 40.405. | Larceny or wrongful appropriation of property--court-martial. |
| 40.408. | Officer's conduct, unbecoming to an officer and a gentleman |
| | --court-martial. |
| 40.410. | Neglecting or prejudicing discipline of the military--bringing |
| | discredit to state military services--exceptions, court-martial. |
| 40.415. | Military property, purchasing or receiving in pawn or pledge |
| | --court-martial. |
| 40.420. | Courts of inquiry, duties, how convened--members of court |
| | --counsel, appointment--parties to inquiry, how determined, |
| | procedure--records. |
| 40.425. | Oaths, persons having authority to administer. |
| 40.430. | Military justice--certain sections explained to enlisted members, |
| | when--complete text to be available on request. |
| 40.435. | Complaints against commanding officer, procedure. |
| 40.440. | Property of person damaged or taken, board convened to investigate, |
| | procedure. |
| 40.445. | Processes and sentences of courts-martial executed by civil officers, |
| | fees, how paid. |
| 40.450. | Process or mandates, authority to issue. |
| 40.455. | Fines and costs imposed by military court, how paid. |
| 40.460. | Civilian officers to execute required duties, failure to perform, |
| | penalty. |
| 40.465. | Actions against convening authority or member of court, prohibited, |
| | when. |
| 40.470. | Jurisdiction presumed, burden of proof. |
| 40.475. | Governor's powers to delegate authority--exception. |
| 40.480. | Purpose of military laws. |
| 40.485. | Expenses, per diems, transportation for military personnel and |
| | civilians required to participate, how paid. |
| 40.490. | Reemployment rights of persons ordered to active duty--attorney |
| | general to enforce rights. |
| 40.495. | Severability of sections. |
Missouri General Assembly