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RSA 110-B:40 · Nonjudicial Punishment

Title: VIII: PUBLIC DEFENSE AND VETERANS' AFFAIRS
Chapter: 110-B · DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES
Status: current
Official source linked: Yes

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110-B:40 Nonjudicial Punishment. – Under such regulations as the adjutant general may prescribe, the commanding officer of any detachment, company, or higher command may, for minor offenses, impose disciplinary punishment upon officers, warrant officers, and enlisted personnel of the command without intervention of a court-martial. "Minor offenses" mean acts or omissions that are minor offenses under the punitive articles of the Manual for Courts-Martial (MCM) and under the criminal statutes of the state of New Hampshire. Whether an offense is minor depends on several factors: the nature of the offense and the circumstances surrounding its commission; the offender's age, rank, duty assignment, record, and experience; the maximum sentence imposable for the offense if tried by general court-martial, and whether the offense is a felony under state law. Ordinarily, a minor offense is an offense for which the maximum sentence imposable would not include a dishonorable discharge or confinement in excess of 5 years. The decision whether an offense is "minor" is a matter of discretion for the commander imposing nonjudicial punishment, but nonjudicial punishment for an offense other than a minor offense even though thought by the commander to be minor is not a bar to trial by court-martial for the same offense. However, the accused may show at trial that nonjudicial punishment was imposed, and if the accused does so, this fact shall be considered in determining an appropriate sentence. Source. 1981, 434:1. 2009, 268:1, eff. Sept. 14, 2009.

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Source note

Source. 1981, 434:1. 2009, 268:1, eff. Sept. 14, 2009.

Source history

1981, 434:1
2009, 268:1, eff. Sept. 14, 2009

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Bill relationships

2026 HB104 amend
failed to follow the United States Constitution and the intent of the founders. 2 New Section; Department of Military Affairs and Veterans Services; Deploying National Guard Into Active National Service. Amend RSA 110-B by inserting after section 5 the following new section: 110-B:5-a Deploying National Guard Into Active National Service. I. This section shall be known as the "Defend the Guard Act". II. For the purposes of th
2026 HB104-FN amend
tes Constitution and the intent of the founders. 2 New Section; Department of Military Affairs and Veterans Services; Deploying National Guard Into Active National Service. Amend RSA 110-B by inserting after section 5 the following new section: 110-B:5-a Deploying National Guard Into Active National Service. I. This section shall be known as the "Defend the Guard Act". II. For the purposes of this sect
2026 HB1415 amend
4) An outline of the projects and programs to be conducted in the ensuing fiscal year with proceeds from this subdivision. 4 New Subdivision; First for Veterans Program. Amend RSA 110-B by inserting after section 91 the following new subdivision: First for Veterans Program 110-B:92 Declaration of Purpose. The general court declares it to be the purpose of this subdivision to: I. Maintain the
2026 HB1415-FN amend
4) An outline of the projects and programs to be conducted in the ensuing fiscal year with proceeds from this subdivision. 4 New Subdivision; First for Veterans Program. Amend RSA 110-B by inserting after section 91 the following new subdivision: First for Veterans Program 110-B:92 Declaration of Purpose. The general court declares it to be the purpose of this subdivision to: I. Maintain the
2026 HB1753 amend
veterans program and authority. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; First for Veterans Program. Amend RSA 110-B by inserting after section 91 the following new subdivision: First for Veterans Program 110-B:92 Declaration of Purpose. The general court declares it to be the purpose of this subdivision to: I. Maintain the
2026 HB1753-FN amend
veterans program and authority. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; First for Veterans Program. Amend RSA 110-B by inserting after section 91 the following new subdivision: First for Veterans Program 110-B:92 Declaration of Purpose. The general court declares it to be the purpose of this subdivision to: I. Maintain the
2026 SB492 amend
operty taxes by the party using or occupying said property under the provisions of RSA 72:23. 2 New Section; Department of Military Affairs and Veterans Services Fund. Amend RSA 110-B by inserting after section 28-a the following new section: 110-B:28-b Department of Military Affairs and Veterans Services Property Fund. I. There is hereby established in the office of the state treasurer a fun
2026 SB492-FN amend
operty taxes by the party using or occupying said property under the provisions of RSA 72:23. 2 New Section; Department of Military Affairs and Veterans Services Fund. Amend RSA 110-B by inserting after section 28-a the following new section: 110-B:28-b Department of Military Affairs and Veterans Services Property Fund. I. There is hereby established in the office of the state treasurer a fun
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g and charitable gaming escrow account. 167:10 New Section; Public Defense and Veterans' Affairs; Department of Military Affairs and Veterans Services; New Hampshire National Guard Training Center Funds. Amend RSA 110-B by inserting after section 32-a the following new section: 110-B:32-b New Hampshire Armories or Other National Guard Facilities Fund. There is established a fund to be known as the New Hampshire armories or ot