§ 28-3.1-104 — Jurisdiction to try certain personnel

Colorado § 28-3.1-104

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

(1) Any person discharged
from the military forces who is later charged with having fraudulently obtained his
or her discharge is subject to trial by court-martial on that charge and, after
apprehension, shall be subject to this code while in the custody of the military for
that trial. Upon conviction of that charge, he or she is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

(2) No person who has deserted from the military forces may be relieved
from the jurisdiction of this code by virtue of a separation from any later period of
service.

(3) The fact that the enlistment of any person charged with an offense under
this code expires while proceedings are pending or while serving a sentence shall
not affect the jurisdiction of any court-martial.

(4) Nothing in this code shall preclude applicable federal or state jurisdiction
over offenses committed.

Legislative History

Source: L. 83: Entire article added, p. 1164, � 1, effective June 10. L. 2002: (1) amended, p. 602, � 60, effective May 24.