[§124B-2]  Persons subject to this chapter; jurisdiction.  (a)  This chapter applies to all members of the state military forces at all times.

     (b)  Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military forces.  Courts-martial shall have primary jurisdiction of military offenses.  A proper civilian court shall have primary jurisdiction of a non-military offense when an act or omission violates both this chapter and local criminal law, foreign or domestic.  A court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge; provided that jeopardy has not attached.  Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense. [L 2022, c 286, pt of §2]