# Justice Manual § 9-20.115: Prosecution of Military Personnel

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-20.115

## Section

- **Citation:** Justice Manual § 9-20.115
- **Heading:** Prosecution of Military Personnel
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-20.000 - Maritime, Territorial And Indian Jurisdiction / Justice Manual § 9-20.115

## Text

Many violations of Federal criminal law are also violations of the Uniform Code of Military Justice (U.C.M.J.) for which military personnel are subject to court martial (e.g., drug offenses, theft of government property, etc.). The U.C.M.J. also punishes a number of acts which are not otherwise specifically declared to be Federal crimes, but which may become such when committed on a facility over which the United States exercises legislative jurisdiction as a result of the assimilation of state law under the Assimilative Crimes Act.

To avoid conflict over investigative and prosecutive jurisdiction, the Attorney General and the Secretary of Defense executed a memorandum of understanding (MOU) relating to the investigation and prosecution of crimes over which the Department of Justice and Department of Defense have concurrent jurisdiction. The agreement provides generally that all crimes committed on military reservations by individuals subject to the Uniform Code of Military Justice shall be investigated and prosecuted by the military department concerned, with certain exceptions. The agreement permits civil investigation and prosecution in Federal district court in any case when circumstances render such action more appropriate. If questions arise concerning the operation of the agreement, the United States Attorney should contact the section of the Criminal Division having responsibility over the Federal statute allegedly violated.

[updated January 2020]

## Nearby sections

- [Justice Manual § 9-20.100 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-20.100.md)
- [Justice Manual § 9-20.115 Prosecution of Military Personnel](https://www.frixlaw.com/law-library/statutes/JM_S9-20.115.md)
- [Justice Manual § 9-20.116 Military Extraterritorial Jurisdiction Act](https://www.frixlaw.com/law-library/statutes/JM_S9-20.116.md)
- [Justice Manual § 9-20.220 Investigative Jurisdiction—Indian Country Offenses](https://www.frixlaw.com/law-library/statutes/JM_S9-20.220.md)
- [Justice Manual § 9-20.230 Supervising Section—Indian Country Offenses](https://www.frixlaw.com/law-library/statutes/JM_S9-20.230.md)
- [Justice Manual § 9-20.240 Tribal Consultation Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-20.240.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-20.115. Check the current official text before relying on it. Not legal advice.