West Virginia Statutes

§ 15-1E-5 — Territorial applicability of the article

West Virginia § 15-1E-5
JurisdictionWest Virginia
Ch. 15PUBLIC SAFETY
Art. 1ECODE OF MILITARY JUSTICE

This text of West Virginia § 15-1E-5 (Territorial applicability of the article) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W. Va. Code § 15-1E-5 (2026).

Text

(a)This article has applicability at all times and in all places, provided that either the person subject to the article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.
(b)Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this article as if the proceedings were held inside the state, and offenses committed outside the st

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Legislative History

2010 Reg. Sess., HB4504; 1982 Reg. Sess., SB143; 1961 Reg. Sess., HB409

Nearby Sections

15
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Bluebook (online)
West Virginia § 15-1E-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/15/15-1E-5.