Section 31-2A-2 (Article 2.) Persons Subject to This Code; Jurisdiction

(a) This code applies to all members of the state military forces at all times and in all places.

(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between an offense, either military or non-military, and the state military force. When a member is in any duty status (State Active Duty (SAD), T.32 and T.10) then a rebuttable presumption exists that the nexus is established. A proper civilian court has primary jurisdiction of an offense when an act or omission violates civilian criminal law, foreign or domestic. Courts-martial shall have primary jurisdiction over all military offenses defined in this code.