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§ 5104. Subject matter jurisdiction

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 51 Pa.C.S.A. Military AffairsEffective: October 24, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 51 Pa.C.S.A. Military Affairs (Refs & Annos)
Part IV. Military Justice (Refs & Annos)
Chapter 51. General Provisions (Refs & Annos)
Effective: October 24, 2013
51 Pa.C.S.A. § 5104
§ 5104. Subject matter jurisdiction
(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.

Credits

2012, Oct. 24, P.L. 1506, No. 192, § 2, effective in one year [Oct. 24, 2013].
51 Pa.C.S.A. § 5104, PA ST 51 Pa.C.S.A. § 5104
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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