§ 13A-102

(a) This title applies to all members of the State military forces at all times.

(b) (1) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non–military, and the State military force.

(2) Courts–martial have primary jurisdiction of military offenses.

(3) (i) A proper civilian court has primary jurisdiction of a non–military offense when an act or omission violates both this title and local criminal law, foreign or domestic.

(ii) In a case described in subparagraph (i) of this paragraph, a court–martial may be initiated only after the civilian authority declined to prosecute or dismissed the charge, provided jeopardy has not attached.

(4) Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.