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Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 7. TRIAL PROCEDURES

38-2-1048. Contempt; compelled obedience; penalty.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A military judge may punish for contempt, in the same manner and subject to the same limitations as authorized for courts in Code Section 15-1-4, any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder.#

  2. (b)

    A military judge may compel obedience to any lawful writ, process, order, rule, decree, or command of the military judge issued pursuant to this article and may punish by contempt, in the same manner and subject to the same limitations as authorized for courts in Code Section 15-1-4, any person’s disobedience to any lawful writ, process, order, rule, decree, or command of the military judge issued pursuant to this article.#

  3. (c)

    A person subject to this article may be punished for contempt by confinement not to exceed 30 days or a fine of $1,000.00, or both.#

  4. (d)

    A person not subject to this article may be punished for contempt by a military court in the same manner as a criminal court of this state.#

  5. (e)

    A person subject to this article who commits contempt may be tried by court-martial or otherwise disciplined under this article for such misconduct in addition to or instead of punishment for contempt.#

  6. (f)

    Appeals by persons punished for contempt shall be authorized in the same manner as appeals of contempt cases under Code Section 5-6-34.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1048, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2025, p. 493, § 4/HB 325, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, inserted “, in the same manner and subject to the same limitations as authorized for courts in Code Section 15-1-4,” following “contempt” in subsection (a); added subsection (b); redesignated former subsections (b) and (c) as subsections (c) and (d); and added subsections (e) and (f).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-pdf.pdf, Volume V28, 2021 edition, 2025 supplement, pages 171 to 172; merge action: replaced; file SHA-256 6e7899178423.

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