40.325. Hostile force, in presence of, commits certain offenses--court-martial.
Hostile force, in presence of, commits certainoffenses--court-martial.
40.325. Any person subject to sections 40.005 to 40.490shall be punished as a court-martial may direct who before or inthe presence of a hostile force:
(1) Runs away;
(2) Shamefully abandons, surrenders, or delivers up anycommand, unit, place or military property which it is theperson's duty to defend;
(3) Through disobedience, neglect, or intentional misconductendangers the safety of any such command, unit, place, ormilitary property;
(4) Casts away his arms or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits his place of duty to plunder or pillage;
(7) Causes false alarms in any command, unit, or place undercontrol of the armed forces of the United States or the statemilitary forces;
(8) Willfully fails to do his utmost to encounter, engage,capture, or destroy any hostile force, combatants, vessels,aircraft, or any other thing, which it is the person's duty so toencounter, engage, capture, or destroy; or
(9) Does not afford all practicable relief and assistance toany troops, combatants, vessels, or aircraft of the armed forcesbelonging to the United States or their allies, to this state orto any other state, when engaged in battle or suppression ofcivil disorders.
(L. 1984 H.B. 1035 § 100)