{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-802","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-802","heading":"Persons subject to the Oklahoma Uniform Code of Military","body":"Justice.\n\nARTICLE 2. Persons subject to the Oklahoma Uniform Code of\n\nMilitary Justice.\n\nA. The Oklahoma Uniform Code of Military Justice applies to all\n\nmembers of the state military forces at all times who are not in\n\nactive federal service, as defined by Title 10 of the United States\n\nCode.\n\nB. Subject matter jurisdiction is established for military\n\noffenses if a member of the state military forces is in a duty\n\nstatus under Title 32 of the United States Code or on state active\n\nduty orders. Subject matter jurisdiction is also established for\n\nmilitary and nonmilitary offenses if more likely than not, a nexus\n\nexists between an offense and the state military forces, regardless\n\nof a member's duty status. Courts-martial shall have primary\n\njurisdiction over military offenses as defined in the Code.\n\nC. The civilian courts shall have primary jurisdiction over\n\nnonmilitary offenses when an act or omission violates both the Code\n\nand local criminal law. In such a case, a court-martial may be\n\ninitiated only after the civilian authority has declined to\n\nprosecute or has dismissed the charge, provided jeopardy has not\n\nattached. When a member is not in a duty status under Title 32 of\n\nthe United States Code or on state active duty orders, there shall\n\nbe a rebuttable presumption that subject matter jurisdiction does\n\nnot exist under the Code. The Governor or Adjutant General may\n\npromulgate additional regulations prescribing how a convening\n\nauthority shall determine the existence of a nexus between a\n\nnonmilitary offense and state military forces.\n\nD. Jurisdiction over attempted crimes, conspiracy crimes,\n\nsolicitation and accessory crimes shall be determined by the\n\nunderlying offense.\n\nE. If a commander or officer in charge determines that a nexus\n\nexists between a nonmilitary offense and the state military forces,\n\nfor purposes of administrative action, the commander or officer in\n\ncharge may impose nonjudicial punishment regardless of whether\n\ncourts-martial jurisdiction is then possessed or later acquired by\n\nthe state military forces.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a0586de937f6dccac503fde4abc99dde5fd55cc29dfa187df69ab47fd7896f28","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-801","next":"us-ok/okla.-stat.-tit.-44-44-803"},"notice":"GroundRules: Original legal text. Not legal advice."}