[§124B-69]  Former jeopardy.  (a)  No person shall without the person's consent be tried a second time in any military court of the State for the same offense.

     (b)  No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial under this section until the finding of guilty has become final after review of the case has been fully completed.

     (c)  A court-martial with a military judge alone is a trial in the sense of this section if, without fault of the accused:

     (1)  After introduction of evidence; and

     (2)  Before announcement of findings under section 124B-79,

the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.

     (d)  A court-martial with a military judge and members is a trial in the sense of this section if, without fault of the accused:

     (1)  After the members, having taken an oath or affirmation as members under section 124B-67 and after completion of challenges under section 124B-66, are impaneled; and

     (2)  Before announcement of findings under section 124B-79,

the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses. [L 2022, c 286, pt of §2]