Viewing an earlier, undated versionView current Subd. 1. Punishment limits.
The punishment that a court-martial may direct for an offense may not exceed limits prescribed by this code.
Subd. 2. Level of offense.
- (a) Subject to paragraphs (b) and (c), all military offenses are misdemeanors, and a sentence of confinement must not exceed 90 days.
- (b) In cases where the civilian authorities decline to prosecute and court-martial jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level of offense and punishment a court-martial is authorized is defined by the level of offense and punishments authorized under the statute for the assimilated crime.
- (c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary loss of $1,000 or more, confinement must not exceed ten years. A sentence of confinement for more than one year is a felony offense.
- (d) Any conviction by a summary courts-martial is not a criminal conviction.
- (e) The limits of punishment for violations of the purely military offenses prescribed under this section shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States, and the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code.