Pennsylvania § 5104 Subject matter jurisdiction

Pennsylvania Statutes

§ 5104 — Subject matter jurisdiction

Pennsylvania·Title 51 MILITARY AFFAIRS·Part PART IV·Ch. 51 GENERAL PROVISIONS

(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.

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