Article 21.--CODE OF MILITARY JUSTICE; GENERAL PROVISIONS
48-2101.(KCMJ Art. 1) Definitions.In this act, unless the context otherwise requires:
(1) "State military forces" means the national guard of the state, asdefined in section 101 (3) of title 32, United States Code, and any othermilitary force organized under the laws of the state.
(2) "Officer" means commissioned or warrant officer.
(3) "Commanding officer" includes only commissioned officers.
(4) "Superior commissioned officer" means a commissioned officersuperior in rank or command.
(5) "Enlisted member" means any person serving in an enlisted grade.
(6) "Grade" means a step or degree, in a graduated scale of office ormilitary rank, that is established and designated as a grade by law orregulation.
(7) "Rank" means the order of precedence among members of the statemilitary forces.
(8) "Active state duty" means full-time duty in the active militaryservice of the state under an order of the governor issued under authorityvested in the governor by law, performance of regular duties by technicians,regularly scheduled drills and other legally called assemblies, includingtravel to and from such duty.
(9) "Duty status" includes active state duty and any other type of statemilitary duty, including travel to and from such duty.
(10) "Military court" means a court-martial, a court of inquiry, or aprovost court.
(11) "Military judge" means an official of a general or special court-martialdetailed in accordance with this code.
(12) "Judge advocate general" means the commissioned officer responsiblefor supervising the administration of the military justice in the statemilitary forces.
(13) "Accuser" means a person who signs and swears to charges, anyperson who directs that charges nominally be signed and sworn to byanother, and any person who has an interest other than an official interestin the prosecution of the accused.
(14) "Military" refers to any or all of the armed forces.
(15) "Convening authority" includes, in addition to the person whoconvened the court, a commissioned officer commanding for the time being,or a successor in command.
(16) "May" is used in a permissive sense. The words "no person may ..."means that no person is required, authorized, or permitted to do the actprescribed.
(17) "Shall" is used in an imperative sense.
(18) "Code" means this act.
(19) "Hostile force" means enemy, rioters, looters, dissidents, andothers opposing or interfering with law and order.
(20) "Judge advocate" means:
(a) An officer of the judge advocate general's corps of the army or thenavy or of the state military forces;
(b) an officer of the air force or the marine corps who is designatedas a judge advocate; or
(c) an officer of the coast guard who is designated as a law specialist.
(21) "Record," when used in connection with the proceedings of acourt-martial, means:
(a) An official written transcript, written summary or other writingrelating to the proceedings; or
(b) an official audiotape, videotape or similar material from whichsound, or sound and visual images, depicting the proceedings may be reproduced.
(22) For further definition of military terms refer to the dictionary ofUnited States army terms (AR 310-25).
History: L. 1972, ch. 203, § 48-2101;L. 1988, ch. 191, § 1; July 1.
Article 21.--CODE OF MILITARY JUSTICE; GENERAL PROVISIONS
48-2101.(KCMJ Art. 1) Definitions.In this act, unless the context otherwise requires:
(1) "State military forces" means the national guard of the state, asdefined in section 101 (3) of title 32, United States Code, and any othermilitary force organized under the laws of the state.
(2) "Officer" means commissioned or warrant officer.
(3) "Commanding officer" includes only commissioned officers.
(4) "Superior commissioned officer" means a commissioned officersuperior in rank or command.
(5) "Enlisted member" means any person serving in an enlisted grade.
(6) "Grade" means a step or degree, in a graduated scale of office ormilitary rank, that is established and designated as a grade by law orregulation.
(7) "Rank" means the order of precedence among members of the statemilitary forces.
(8) "Active state duty" means full-time duty in the active militaryservice of the state under an order of the governor issued under authorityvested in the governor by law, performance of regular duties by technicians,regularly scheduled drills and other legally called assemblies, includingtravel to and from such duty.
(9) "Duty status" includes active state duty and any other type of statemilitary duty, including travel to and from such duty.
(10) "Military court" means a court-martial, a court of inquiry, or aprovost court.
(11) "Military judge" means an official of a general or special court-martialdetailed in accordance with this code.
(12) "Judge advocate general" means the commissioned officer responsiblefor supervising the administration of the military justice in the statemilitary forces.
(13) "Accuser" means a person who signs and swears to charges, anyperson who directs that charges nominally be signed and sworn to byanother, and any person who has an interest other than an official interestin the prosecution of the accused.
(14) "Military" refers to any or all of the armed forces.
(15) "Convening authority" includes, in addition to the person whoconvened the court, a commissioned officer commanding for the time being,or a successor in command.
(16) "May" is used in a permissive sense. The words "no person may ..."means that no person is required, authorized, or permitted to do the actprescribed.
(17) "Shall" is used in an imperative sense.
(18) "Code" means this act.
(19) "Hostile force" means enemy, rioters, looters, dissidents, andothers opposing or interfering with law and order.
(20) "Judge advocate" means:
(a) An officer of the judge advocate general's corps of the army or thenavy or of the state military forces;
(b) an officer of the air force or the marine corps who is designatedas a judge advocate; or
(c) an officer of the coast guard who is designated as a law specialist.
(21) "Record," when used in connection with the proceedings of acourt-martial, means:
(a) An official written transcript, written summary or other writingrelating to the proceedings; or
(b) an official audiotape, videotape or similar material from whichsound, or sound and visual images, depicting the proceedings may be reproduced.
(22) For further definition of military terms refer to the dictionary ofUnited States army terms (AR 310-25).
History: L. 1972, ch. 203, § 48-2101;L. 1988, ch. 191, § 1; July 1.
Article 21.--CODE OF MILITARY JUSTICE; GENERAL PROVISIONS
48-2101.(KCMJ Art. 1) Definitions.In this act, unless the context otherwise requires:
(1) "State military forces" means the national guard of the state, asdefined in section 101 (3) of title 32, United States Code, and any othermilitary force organized under the laws of the state.
(2) "Officer" means commissioned or warrant officer.
(3) "Commanding officer" includes only commissioned officers.
(4) "Superior commissioned officer" means a commissioned officersuperior in rank or command.
(5) "Enlisted member" means any person serving in an enlisted grade.
(6) "Grade" means a step or degree, in a graduated scale of office ormilitary rank, that is established and designated as a grade by law orregulation.
(7) "Rank" means the order of precedence among members of the statemilitary forces.
(8) "Active state duty" means full-time duty in the active militaryservice of the state under an order of the governor issued under authorityvested in the governor by law, performance of regular duties by technicians,regularly scheduled drills and other legally called assemblies, includingtravel to and from such duty.
(9) "Duty status" includes active state duty and any other type of statemilitary duty, including travel to and from such duty.
(10) "Military court" means a court-martial, a court of inquiry, or aprovost court.
(11) "Military judge" means an official of a general or special court-martialdetailed in accordance with this code.
(12) "Judge advocate general" means the commissioned officer responsiblefor supervising the administration of the military justice in the statemilitary forces.
(13) "Accuser" means a person who signs and swears to charges, anyperson who directs that charges nominally be signed and sworn to byanother, and any person who has an interest other than an official interestin the prosecution of the accused.
(14) "Military" refers to any or all of the armed forces.
(15) "Convening authority" includes, in addition to the person whoconvened the court, a commissioned officer commanding for the time being,or a successor in command.
(16) "May" is used in a permissive sense. The words "no person may ..."means that no person is required, authorized, or permitted to do the actprescribed.
(17) "Shall" is used in an imperative sense.
(18) "Code" means this act.
(19) "Hostile force" means enemy, rioters, looters, dissidents, andothers opposing or interfering with law and order.
(20) "Judge advocate" means:
(a) An officer of the judge advocate general's corps of the army or thenavy or of the state military forces;
(b) an officer of the air force or the marine corps who is designatedas a judge advocate; or
(c) an officer of the coast guard who is designated as a law specialist.
(21) "Record," when used in connection with the proceedings of acourt-martial, means:
(a) An official written transcript, written summary or other writingrelating to the proceedings; or
(b) an official audiotape, videotape or similar material from whichsound, or sound and visual images, depicting the proceedings may be reproduced.
(22) For further definition of military terms refer to the dictionary ofUnited States army terms (AR 310-25).
History: L. 1972, ch. 203, § 48-2101;L. 1988, ch. 191, § 1; July 1.
