110-B:40 Nonjudicial Punishment. – Under such regulations as the adjutant general may prescribe, the commanding officer of any detachment, company, or higher command may, for minor offenses, impose disciplinary punishment upon officers, warrant officers, and enlisted personnel of the command without intervention of a court-martial. 'Minor offenses' mean acts or omissions that are minor offenses under the punitive articles of the Manual for Courts-Martial (MCM) and under the criminal statutes of the state of New Hampshire. Whether an offense is minor depends on several factors: the nature of the offense and the circumstances surrounding its commission; the offender's age, rank, duty assignment, record, and experience; the maximum sentence imposable for the offense if tried by general court-martial, and whether the offense is a felony under state law. Ordinarily, a minor offense is an offense for which the maximum sentence imposable would not include a dishonorable discharge or confinement in excess of 5 years. The decision whether an offense is 'minor' is a matter of discretion for the commander imposing nonjudicial punishment, but nonjudicial punishment for an offense other than a nt in excess of 5 years. The decision whether an offense is 'minor' is a matter of discretion for the commander imposing nonjudicial punishment, but nonjudicial punishment for an offense other than a minor offense even though thought by the commander to be minor is not a bar to trial by court-martial for the same offense. However, the accused may show at trial that nonjudicial punishment was imposed, and if the accused does so, this fact shall be considered in determining an appropriate sentence. Source. 1981, 434:1. 2009, 268:1, eff. Sept. 14, 2009.
New Hampshire Legal Code