§ 44-3201. Definitions.

A.  As used in this act, unless the context otherwise requires:

1.  “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused;

2.  “Cadet”, “candidate”, or “midshipman” means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces;

3.  “Classified information” means:

a.any information or material that has been determined by an official of the United States or any state pursuant to law, an Executive Order, or regulation to require protection against unauthorized disclosure for reasons of national or state security, and

b.any restricted data, as defined in Section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C., Section  2014(y));

4.  “Code” means this act;

5.  “Commanding officer” includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under Section 17 of this act.  “Commander” has the same meaning as “commanding officer” unless the context otherwise requires;

6.  “Convening authority” includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority;

7.  “Day” means calendar day and is not synonymous with the term “unit training assembly”.  Any punishment authorized by this act which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days;

8.  “Duty status other than state active duty” means any other type of duty not in federal service and not full-time duty in the active service of the state, under an order issued by authority of law and includes travel to and from such duty;

9.  “Enlisted member” means a person in an enlisted grade;

10.  “Judge advocate” means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

a.certified or designated as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these, or

b.certified as a nonfederally recognized judge advocate, under regulations promulgated pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code.  If there is no such judge advocate available, then such certification may be made by such senior judge advocate of the commander of another force in the state military forces as the convening authority directs;

11.  “May” is used in a permissive sense.  The phrase “no person may” means that no person is required, authorized, or permitted to do the act prescribed;

12.  “Military court” means a court-martial or a court of inquiry;

13.  “Military judge” means an official of a general or special court-martial detailed in accordance with Section 29 of this act;

14.  The term “military offenses” means those offenses prescribed under Sections 88 (Principals), 89 (Accessory after the fact), 91 (Attempts), 92 (Conspiracy), 93 (Solicitation), 94 (Fraudulent enlistment, appointment, or separation), 95 (Unlawful enlistment, appointment, or separation), 96 (Desertion), 97 (Absence without leave), 98 (Missing movement), 99 (Contempt toward officials), 100 (Disrespect towards superior commissioned officer), 101 (Assaulting or willfully disobeying superior commissioned officer), 102 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer), 103 (Failure to obey order or regulation), 104 (Cruelty and maltreatment), 105 (Mutiny or sedition), 106 (Resistance, flight, breach of arrest, and escape), 107 (Releasing prisoner without proper authority), 108 (Unlawful detention), 109 (Noncompliance with procedural rules), 110 (Misbehavior before the enemy), 111 (Subordinate compelling surrender), 112 (Improper use of countersign), 113 (Forcing a safeguard), 114 (Captured or abandoned property), 115 (Aiding the enemy), 116 (Misconduct as prisoner), 117 (Larceny and wrongful appropriation), 119 (False official statements), 120 (Military property — Loss, damage, destruction, or wrongful disposition), 121 (Property other than military property — Waste, spoilage, or destruction), 122 (Improper hazarding of vessel), 124 (Drunk on duty), 125 (Wrongful use, possession, etc., of controlled substances), 126 (Misbehavior of sentinel), 127 (Dueling), 128 (Malingering), 129 (Riot or breach of peace), 130 (Provoking speeches or gestures), 131 (Assault), 132 (Adultery), 146 (Frauds against the government), 147 (Conduct unbecoming an officer and a gentleman), and 148 (General article) of this code;

15.  The term “national security” means the national defense and foreign relations of the United States;

16.  The term “officer” means a commissioned or warrant officer;

17.  The term “officer in charge” means a member of the naval militia, the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority;

18.  The term “record”, when used in connection with the proceedings of a court-martial, means:

a.an official written transcript, written summary, or other writing relating to the proceedings, or

b.an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced;

19.  “Shall” is used in an imperative sense;

20.  “State” means one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands;

21.  “State active duty” means full-time duty in the state military forces under an order of the Governor or otherwise issued by authority of law, and paid by state funds, and includes travel to and from such duty;

22.  “Senior force judge advocate” means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander’s chief legal advisor;

23.  “State military forces” means the National Guard of the state, as defined in Title 32, United States Code, the organized naval militia of the state, and any other military force organized under the Constitution and laws of the state to include the unorganized militia (the state defense force when not in a status subjecting them to exclusive jurisdiction under Chapter 47 of Title 10, United States Code).  The unorganized militia, state defense force, state national guard, home guard or any other name of any state force that does not meet this definition nevertheless shall be part of the “state military forces” under this code;

24.  The term “superior commissioned officer” means a commissioned officer superior in rank or command; and

25.  “Senior force commander” means the commander of the same force of the state military forces as the accused.

B.  The use of the masculine gender throughout this code shall also include the feminine gender.

Added by Laws 2007, c. 86, § 2, eff. Nov. 1, 2007.