§ 1 — Definitions

Massachusetts § 1

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title V: MILITIA
• Ch. 33A: MASSACHUSETTS CODE OF MILITARY JUSTICE

Text

Article 1. Definitions.(a) As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:''Accuser'', a person who signs and swears to charges, a person who directs that charges nominally be signed and sworn to by another or any other person who has an interest other than an official interest in the prosecution of the accused.''Apprehension'', the taking of a person into custody.''Arrest'', the restraint of a person by an order that is not imposed as a punishment for an offense that directs the person to remain within certain specified limits.''Cadet'', ''candidate'' or ''midshipman'', 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.''Classified information'', information or material that has been determined by an official of the United States or a state pursuant to law, executive order or regulation to require protection against unauthorized disclosure for reasons of national or state security, or any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. section 2014(y).''Code'', this chapter.''Commander'' or ''Commanding officer'', a commissioned officer of the state military forces; provided, however, that the term shall include an officer in charge only when that officer in charge is administering non-judicial punishment under article 15.''Confinement'', the physical restraint of a person.''Convening authority'', the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.''Day'', a calendar day; provided, however, that the term ''day'' shall not be synonymous with the term ''unit training assembly''; and provided further, that a punishment authorized by this article that is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days.''Duty status'', a type of duty that is not in federal service and that is not full-time duty in the active service of the state that is under an order issued by authority of law and includes travel to and from such duty.''Enlisted member'', a person in an enlisted grade.''Judge advocate'', 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 non-federally recognized judge advocate, by the state judge advocate, as that term is used in section 15 of chapter 33, as competent to perform such military justice duties required by this code; provided, however, that 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.''Military court'', a court-martial or a court of inquiry.''Military judge'', an official of a general or special court-martial detailed in accordance with article 26.''Military offenses'', offenses prescribed under articles 77, 78, 80 , 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104 105, 107, 108, 109, 110, 112, 112A, 113, 114, 115, 116, 117, 132, 133, 134 of this code.''National security'', the national defense and foreign relations of the United States.''Officer'', a commissioned or warrant officer.''Officer in charge'', a member of the naval militia, the Navy, the Marine Corps or the Coast Guard designated as such by appropriate authority.''Record'', an official written transcript, written summary or other writing, used in connection with the proceedings of a court-martial and relating to said proceedings; or an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings is reproduced.''Senior force commander'', the commander of the same force of the state military forces as the accused.''Senior force judge advocate'', 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.''State'', one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam or the U.S. Virgin Islands.''State active duty'', full-time duty in the state military forces under an order of the commander-in-chief or otherwise issued by authority of law, and paid by state funds, including travel to and from such duty.''State military forces'', the National Guard of Massachusetts, as defined in title 32 of the United States Code or any other military force organized under the constitution and laws of the commonwealth; provided, however, that the term shall not include the unorganized militia when not in a status subjecting them to exclusive jurisdiction under chapter 47 of title 10 of the United States Code; and provided further, that the term shall not include unorganized militia or any other name of any state force that does not meet this definition.''Superior commissioned officer'', a commissioned officer superior in rank or command.