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Minn. Stat. § 192A.111

MAXIMUM LIMITS.

Known as the Minnesota Code

The act spans §§ 192A.01–192A.665 (107 sections).

1963 c 661 s 192 A.30; 2002 c 308 s 70; 2013 c 78 s 8; 2022 c 89 art 6 s 2; 2023 c 52 art 6 s 16

Subdivision 1. Punishment limits.

The punishment for a violation of this code is limited to the lesser of the sentence prescribed by the manual for courts-martial of the United States in effect at the time of the offense or the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. A court-martial sentence must not (1) exceed more than ten years for a military offense, or (2) adjudge a sentence of death.

Subd. 2. Level of offense.

(a) A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than 364 days is a felony offense. All other military offenses are misdemeanors.

(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 that a court-martial is authorized is defined by the level of offense and punishments authorized under any Minnesota state law or the manual for courts-martial of the United States for the assimilated crime.

(c) For crimes under sections 192A.54 , 192A.545 , 192A.59 , and 192A.595 with monetary loss of less than $1,000, confinement shall be limited to that prescribed by a special court-martial.

(d) Any conviction by a summary courts-martial is not a criminal conviction.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.