Kansas Statutes

Chapter 48: Militia, Defense And Public Safety

Article 30: Code Of Military Justice; Punitive Sections

Statutes:

• 48-3001: Persons to be tried or punished.
• 48-3002: Principals.
• 48-3003: Accessory after the fact.
• 48-3004: Conviction of lesser included offense.
• 48-3005: Attempts.
• 48-3006: Conspiracy.
• 48-3007: Solicitation.
• 48-3008: Fraudulent enlistment, appointment or separation.
• 48-3009: Unlawful enlistment, appointment, or separation.
• 48-3010: Desertion.
• 48-3011: Absence without leave.
• 48-3012: Missing movement.
• 48-3013: (KCMJ Art. 88) Contempt towards officials.
• 48-3014: Disrespect towards superior commissioned officer.
• 48-3015: Assaulting or willfully disobeying superior commissioned officer.
• 48-3016: Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.
• 48-3017: Failure to obey order or regulation.
• 48-3018: Cruelty and maltreatment.
• 48-3019: Mutiny or sedition.
• 48-3020: Resistance, breach of arrest, and escape.
• 48-3021: Releasing prisoner without proper authority.
• 48-3022: Unlawful detention of another.
• 48-3023: Noncompliance with procedural rules.
• 48-3024: Misbehavior before a hostile force.
• 48-3025: Subordinate compelling surrender.
• 48-3026: Improper use of countersign.
• 48-3027: Forcing a safeguard.
• 48-3028: Captured or abandoned property.
• 48-3029: Aiding a hostile force.
• 48-3030: Misconduct of a prisoner.
• 48-3031: False official statements.
• 48-3032: Military property; loss, damage, destruction, or wrongful disposition.
• 48-3033: Property other than military property; waste, spoilage or destruction.
• 48-3033a: (KCMJ Art. 110) Improper hazarding of a vessel.
• 48-3034: (KCMJ Art. 111) Drunken or reckless driving.
• 48-3035: Drunk on duty; sleeping on post; leaving post before relief.
• 48-3035a: (KCMJ Art. 112a) Wrongful use, possession, etc., of controlled substances.
• 48-3036: Dueling.
• 48-3037: Malingering.
• 48-3038: Riot or breach of peace.
• 48-3039: Provoking speeches or gestures.
• 48-3040: Perjury.
• 48-3041: Frauds against the government.
• 48-3042: Larceny and wrongful appropriation.
• 48-3043: Conduct unbecoming an officer and a gentleman.
• 48-3044: (KCMJ Art. 134) Disorders and neglects.

• 48-3001: Persons to be tried or punished. No person may be tried or punished for any offense provided for in K.S.A. 48-3002 to 48-3044, inclusive, unless it was committed while the person was in a duty or technician status.

        History:   L. 1972, ch. 203, § 48-3001; July 1.

• 48-3002: Principals. Any person subject to this code who:

        (1)   Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or

        (2)   causes an act to be done which if directly performed by the person would be punishable by this code; is a principal.

        History:   L. 1972, ch. 203, § 48-3002; July 1.

• 48-3003: Accessory after the fact. Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3003; July 1.

• 48-3004: Conviction of lesser included offense. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

        History:   L. 1972, ch. 203, § 48-3004; July 1.

• 48-3005: Attempts. (a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

        (b)   Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

        (c)   Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

        History:   L. 1972, ch. 203, § 48-3005; July 1.

• 48-3006: Conspiracy. Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3006; July 1.

• 48-3007: Solicitation. (a) Any person subject to this code who solicits or advises another or others to desert in violation of K.S.A. 48-3010 or mutiny in violation of K.S.A. 48-3019 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

        (b)   Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before a hostile force in violation of K.S.A. 48-3024 or sedition in violation of K.S.A. 48-3019 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3007; July 1.

• 48-3008: Fraudulent enlistment, appointment or separation. Any person who:

        (1)   Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

        (2)   procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to the person's eligibility for that separation; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3008; July 1.

• 48-3009: Unlawful enlistment, appointment, or separation. Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3009; July 1.

• 48-3010: Desertion. (a) Any member of the state military forces who:

        (1)   Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away therefrom permanently;

        (2)   quits his or her unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

        (3)   without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact is guilty of desertion.

        (b)   Any commissioned officer of the state military forces who, after tender of resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

        (c)   Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3010; July 1.

• 48-3011: Absence without leave. Any person subject to this code who, without authority:

        (1)   Fails to go to the person's appointed place of duty at the time prescribed;

        (2)   goes from that place; or

        (3)   absents himself or herself or remains absent from the person's unit, organization, or place of duty at which he or she is required to be at the time prescribed; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3011; July 1.

• 48-3012: Missing movement. Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3012; July 1.

• 48-3013: (KCMJ Art. 88) Contempt towards officials. Any person subject to this code who uses contemptuous words against the president, the vice-president, congress, the secretary of defense, the governor or the governor of any other state, territory, commonwealth or possession in which that person may be serving, shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3013; L. 1988, ch. 191, § 55; July 1.

• 48-3014: Disrespect towards superior commissioned officer. Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3014; July 1.

• 48-3015: Assaulting or willfully disobeying superior commissioned officer. Any person subject to this code who:

        (1)   Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior commissioned officer while the officer is in the execution of his or her office; or

        (2)   wilfully disobeys a lawful command of his or her superior commissioned officer; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3015; July 1.

• 48-3016: Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer. Any warrant officer or enlisted member who:

        (1)   Strikes or assaults a warrant officer, noncommissioned officer or petty officer, while that officer is in the execution of his or her office;

        (2)   willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

        (3)   treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3016; July 1.

• 48-3017: Failure to obey order or regulation. Any person subject to this code who:

        (1)   Violates or fails to obey any lawful general order or regulation;

        (2)   having knowledge of any other lawful order issued by a member of the state military forces which it is the person's duty to obey, fails to obey the order; or

        (3)   is derelict in the performance of his or her duties; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3017; July 1.

• 48-3018: Cruelty and maltreatment. Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3018; July 1.

• 48-3019: Mutiny or sedition. (a) Any person subject to this code who:

        (1)   With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

        (2)   with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;

        (3)   fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

        (b)   A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3019; July 1.

• 48-3020: Resistance, breach of arrest, and escape. Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3020; July 1.

• 48-3021: Releasing prisoner without proper authority. Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

        History:   L. 1972, ch. 203, § 48-3021; July 1.

• 48-3022: Unlawful detention of another. Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3022; July 1.

• 48-3023: Noncompliance with procedural rules. Any person subject to this code who:

        (1)   Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or

        (2)   knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3023; July 1.

• 48-3024: Misbehavior before a hostile force. Any person subject to this code who before or in the presence of a hostile force:

        (1)   Runs away;

        (2)   shamefully abandons, surrenders, or delivers up any command, unit, place or military property which it is the person's duty to defend;

        (3)   through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;

        (4)   casts away his or her arms or ammunition;

        (5)   is guilty of cowardly conduct;

        (6)   quits his or her place of duty to plunder or pillage;

        (7)   causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces;

        (8)   willfully fails to do his or her utmost to encounter, engage, capture, or destroy any hostile force, combatants, vessels, aircraft, or any other thing, which it is the person's duty so to encounter, engage, capture, or destroy; or

        (9)   does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3024; July 1.

• 48-3025: Subordinate compelling surrender. Any person subject to this code who compels or attempts to compel the commander of any of the military forces of the state, or of any other state, to give it up to a hostile force or to abandon it, or who strikes the colors or flag to a hostile force without proper authority, shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3025; July 1.

• 48-3026: Improper use of countersign. Any person subject to this code who in time of war or civil disturbance discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to the person's knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3026; July 1.

• 48-3027: Forcing a safeguard. Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3027; July 1.

• 48-3028: Captured or abandoned property. (a) All persons subject to this code shall secure all public property taken from the hostile force for the service of the United States, or the state of Kansas, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

        (b)   Any person subject to this code who:

        (1)   Fails to carry out the duties prescribed in subsection (a);

        (2)   buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby that person receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or

        (3)   engages in looting or pillaging; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3028; July 1.

• 48-3029: Aiding a hostile force. Any person subject to this code who:

        (1)   Aids, or attempts to aid the hostile force with arms, ammunition, supplies, money, or other things; or

        (2)   without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the hostile force, either directly or indirectly; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3029; July 1.

• 48-3030: Misconduct of a prisoner. Any person subject to this code who, while in the hands of a hostile force in time of war or civil disturbance:

        (1)   For the purpose of securing favorable treatment by the person's captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by a hostile force as civilian or military prisoners; or

        (2)   while in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3030; July 1.

• 48-3031: False official statements. Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203; § 48-3031; July 1.

• 48-3032: Military property; loss, damage, destruction, or wrongful disposition. Any person subject to this code who, without proper authority:

        (1)   Sells or otherwise disposes of;

        (2)   willfully or through neglect damages, destroys, or loses; or

        (3)   willfully or through neglect suffers to be damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States or of the state shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3032; July 1.

• 48-3033: Property other than military property; waste, spoilage or destruction. Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3033; July 1.

• 48-3033a: (KCMJ Art. 110) Improper hazarding of a vessel. (a) Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.

        (b)   Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.

        History:   L. 1988, ch. 191, § 56; July 1.

• 48-3034: (KCMJ Art. 111) Drunken or reckless driving. Any person subject to this code who operates any vehicle in a manner proscribed by K.S.A. 8-1567 and amendments thereto, in a reckless or wanton manner or while impaired by a substance described in K.S.A. 48-3035a shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3034; L. 1988, ch. 191, § 57; July 1.

• 48-3035: Drunk on duty; sleeping on post; leaving post before relief. Any person subject to this code who is found drunk, under the influence of any intoxicant, narcotic, barbiturate or somnifacient or similar substance, on duty or sleeping upon his or her post, or who leaves that post before he or she is regularly relieved, shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3035; July 1.

• 48-3035a: (KCMJ Art. 112a) Wrongful use, possession, etc., of controlled substances. (a) Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.

        (b)   The substances referred to in subsection (a) are the following:

        (1)   Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance.

        (2)   Any substance not specific in subsection (b)(1) that is listed on a schedule of controlled substances prescribed by the president for the purposes of this article.

        (3)   Any other substance not specified in subsection (b)(1) or contained on a list prescribed by the president under subsection (b)(2) that is listed in schedules I through V of section 202 of the controlled substances act (21 U.S.C. 812).

        History:   L. 1988, ch. 191, § 58; July 1.

• 48-3036: Dueling. Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3036; July 1.

• 48-3037: Malingering. Any person subject to this code who for the purpose of avoiding work, duty or service in the state military forces:

        (1)   Feigns illness, physical disablement, mental lapse or derangement; or

        (2)   intentionally inflicts self-injury; shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3037; July 1.

• 48-3038: Riot or breach of peace. Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3038; July 1.

• 48-3039: Provoking speeches or gestures. Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3039; July 1.

• 48-3040: Perjury. Any person subject to this code who in a judicial proceeding or in a court of justice conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3040; July 1.

• 48-3041: Frauds against the government. Any person subject to this code:

        (1)   Who, knowing it to be false or fraudulent:

        (A)   Makes any claim against the United States, the state, or any officer thereof; or

        (B)   presents to any person in the civil or military service thereof, for approval or payment any claim against the United States, the state or any officer thereof;

        (2)   who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:

        (A)   Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;

        (B)   makes any oath to any fact or to any writing or other paper knowing the oath to be false; or

        (C)   forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

        (3)   who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person receives a certificate or receipt; or

        (4)   who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state; shall, upon conviction, be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3041; July 1.

• 48-3042: Larceny and wrongful appropriation. (a) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind:

        (1)   With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and is guilty of larceny; or

        (2)   with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation.

        (b)   Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3042; July 1.

• 48-3043: Conduct unbecoming an officer and a gentleman. Any commissioner officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

        History:   L. 1972, ch. 203, § 48-3043; July 1.

• 48-3044: (KCMJ Art. 134) Disorders and neglects. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault, burglary or housebreaking, jurisdiction of which is reserved to civil courts.

        History:   L. 1972, ch. 203, § 48-3044; L. 1988, ch. 191, § 59; July 1.