b) Jurisdiction Over the Person. There is jurisdiction over the person if, at both the time the offense was committed and the time of trial, that person:

1. 1) is a member of the SMF; and
2. 2) is, for a day or a portion of a day, in State Active Duty status or OTAD, and at no other times. (Code Section 2(a))

c) Jurisdiction Over the Offense. Subject matter jurisdiction is established if the person:

1. 1) commits a military offense as defined in Code Section 1(a)(14); or

2. 2) commits an offense not in Code Section 1(a)(14) (non-military offense) that is in violation of either the Code or the criminal law of the state in which it was committed, or that of the United States; and

   1. A) the appropriate civil authority has provided the NGIL-JA a declination to prosecute; or
   2. B) a civil court of competent jurisdiction has dismissed the charge, and the appropriate civil authority has provided the NGIL-JA a declination to further prosecute, provided jeopardy has not attached.