§ 44-3292. Limits of punishment - Sentence of death prohibited - Felony and misdemeanor offenses.

A.  The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than ten (10) years for a military offense, nor shall a sentence of death be adjudged.  A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than one (1) year is a felony offense.  Except for convictions by a summary court-martial, all other military offenses are misdemeanors.  Any conviction by a summary court-martial is not a criminal conviction.

B.  The limits of punishment for violations of the punitive articles prescribed herein shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States in effect on January 1, 2004, and the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code.

Added by Laws 2007, c. 86, § 60, eff. Nov. 1, 2007.