(a) General rule.-- Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces. (b) Military offenses.-- Courts-martial have primary jurisdiction of military offenses as defined in this part. (c) Nonmilitary offenses.-- A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached. (d) Inchoate offenses.-- Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense.
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