§ 12-60-102 — Definitions

Arkansas § 12-60-102

• Jurisdiction: Arkansas
• Title: 12

Text

As used in this code: (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) "Active state duty" means duty in the active military service of the state under an order of the Governor issued pursuant to authority vested in him or her by law and while going to and returning from such duty; (3) "Code" means the Military Code of Arkansas, Title 12, Chapters 60 through 64; (4) "Commanding officer" includes only commissioned officers; (5) "Commissioned officer" includes a commissioned warrant officer; (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer in command for the time being and successors in command; (7) "Duty status" means the time from the date when a person is required by the terms of a call or order to obey the call or order and includes any of the following periods: (A) Travel to and from a training site or duty station; (B) Intervals between consecutive periods of inactive duty training on the same day; (C) Intervals between inactive duty training on consecutive days; or (D) The entire day that inactive duty training is performed; (8) "Enemy" shall be deemed to include any person or persons engaged or participating in a riot, riotous activity, resistance to lawful process, insurrection, or rebellious assembly; (9) "Enlisted member" means a person enlisted in, or inducted, called, or conscripted into, an armed force in an enlisted grade; (10) "Extramarital conduct" means any of the following acts engaged in by two (2) persons of the same or opposite sex: (A) Genital-to-genital sexual intercourse; (B) Oral-to-genital sexual contact; (C) Anal-to-genital sexual contact; or (D) Oral-to-anal sexual contact; (11) "Grade" means a step or degree in a graduated scale of office or military rank that is established and designated as a grade by law or rule; (12) "Law officer" means an official of a general court-martial detailed in accordance with this code; (13) "Military" refers to any or all of the armed forces; (14) "Military court" means a court-martial, a court of inquiry, or a provost court; (15) "Officer" means a commissioned or warrant officer; (16) "Organized militia" means the National Guard of the state as defined in 32 U.S.C. § 101(3) ; (17) "Rank" means the order of precedence among members of the armed forces; (18) "Sexual conduct" means any act of: (A) Sexual gratification involving penetration, however slight, of the anus or mouth of a person by the penis of another person; (B) Sexual gratification involving penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (C) Penetration, however slight, of the labia majora by a penis; (19) "Sexual contact" means the act of touching, or causing another person to touch, either directly or through clothing, by the use of any part of a person's body or an object: (A) The vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person; and (B) With a purpose to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person; (20) "State Judge Advocate" means the commissioned officer responsible for supervising the administration of the military justice in the organized militia; and (21) "Superior commissioned officer" means a commissioned officer superior in rank or command.

Legislative History

Amended by Act 2021, No. 185,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 916, eff. 7/24/2019. Amended by Act 2019, No. 211,§ 1, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 2, eff. 7/22/2015. Acts 1969, No. 50, § 46; A.S.A. 1947, § 11-601.