§ 39A-5-102 — Definitions.

Utah § 39A-5-102

• Jurisdiction: Utah
• Title 39A: National Guard and Militia Act
• Ch. 39A-5: Utah Code of Military Justice
• Part 39A-5-1: General Provisions

Text

As used in this chapter:
(1) "Accuser" means an individual who:

(1)(a) signs and swears to charges;
(1)(b) directs that charges nominally be signed and sworn to by another; or
(1)(c) any other individual who has an interest other than an official interest in the prosecution of the accused.
(2) "Apprehend" means taking an individual into custody by competent authority, with or without a warrant.
(3) "Arrest" means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area.
(4) "Commanding officer" means both a commissioned officer and a warrant officer designated as a commander.
(5) "Commissioned officer" includes a commissioned warrant officer.
(6) "Confinement" means the physical restraint of an individual.
(7) "Convening authority" means the governor or the adjutant general.
(8) "Duty status other than state active duty" means any other type of duty, and includes going to and returning from the duty.
(9) "Enlisted member" means an individual in an enlisted grade.
(10) "Grade" means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation.
(11) "Legal officer" means any commissioned officer of the National Guard designated to perform legal duties for a command.
(12) "Major command" or "MACOM" means a major subdivision of the National Guard.
(13) "Military" means any or all of the armed forces of the United States.
(14) "Military court" means a court-martial, a court of inquiry, or a provost court.
(15) "Military judge" means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206.
(16) "National Guard" includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor.
(17) "Officer" means a commissioned or warrant officer.
(18) "Rank" means the order of precedence among members of the armed forces.
(19) "State active duty" means full-time duty in the active military service of the state under an order of the governor, issued pursuant to the governor's authority, and includes going to and returning from duty.
(20) "State judge advocate" or "SJA" means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard.
(21) "State staff judge advocate" or "SSJA" means the commissioned judge advocate general's corps officer appointed as the senior legal officer for the National Guard.
(22) "Superior commissioned officer" means a commissioned officer superior to another in rank or command.
(23) "Unit" means any regularly organized command of the National Guard.

Legislative History

Renumbered and Amended by Chapter 373, 2022 General Session