---
title: O.C.G.A. § 38-2-1005. Territorial applicability of article.
collection: code
id: 38-2-1005
cite_as: O.C.G.A. § 38-2-1005 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1005
md_url: https://georgiacommons.org/code/38-2-1005.md
text_url: https://georgiacommons.org/code/38-2-1005/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=447
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/38-2.md
previous: https://georgiacommons.org/code/38-2-1004.md
next: https://georgiacommons.org/code/38-2-1006.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / GENERAL PROVISIONS
---

# O.C.G.A. § 38-2-1005. Territorial applicability of article.

(a) This article shall be applicable at all times and in all places, provided that either the person subject to this article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting an offense under this article and the efficient functioning of the organized militia. Such grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense except when the prohibition of double jeopardy is concerned.

(b) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside of this state with the same jurisdiction and powers as to persons subject to this article as if such proceedings were held inside this state, and offenses committed outside this state may be tried and punished under this article either inside or outside this state.

## History

Code 1981, § 38-2-1005, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

## U.s. Code.

For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 805.