51 Pa.C.S. § 5104: Subject matter jurisdiction.
Where this section sits in the code
- Title 51 - MILITARY AFFAIRS
- PART IV MILITARY JUSTICE
- CHAPTER 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.
Collected 2026-09-02T16:33:58Z. Source file · JSON