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Pennsylvania · Through 2026-08-31 (Statute Update stamp, 51 Pa.C.S.)

51 Pa.C.S. § 5104: Subject matter jurisdiction.

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Where this section sits in the code
  1. Title 51 - MILITARY AFFAIRS
  2. PART IV MILITARY JUSTICE
  3. 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

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