Pennsylvania § 5104 Subject matter jurisdiction

Pennsylvania Statutes

§ 5104 — Subject matter jurisdiction

Pennsylvania § 5104

Title 51MILITARY AFFAIRS

PartPART IV

Ch. 51GENERAL PROVISIONS

This text of Pennsylvania § 5104 (Subject matter jurisdiction) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

51 Pa. Cons. Stat. § 5104 (2026).

Text

(a)General rule.--Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces.

(b)Military offenses.--Courts-martial have primary jurisdiction of military offenses as defined in this part.

(c)Nonmilitary offenses.--A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.

(d)Inchoate offenses.--Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense.

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(a) General rule.--Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces.

(b) Military offenses.--Courts-martial have primary jurisdiction of military offenses as defined in this part.

(c) Nonmilitary offenses.--A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.

(d) Inchoate offenses.--Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense.