§ 12-60-102 - Definitions.
12-60-102. Definitions.
As used in this code, unless the context otherwise requires:
(1) "Organized militia" means the National Guard of the state as defined in 32 U.S.C. 101(3);
(2) "Officer" means commissioned or warrant officer;
(3) "Commissioned officer" includes a commissioned warrant officer;
(4) "Commanding officer" includes only commissioned officers;
(5) "Superior commissioned officer" means a commissioned officer superior in rank or command;
(6) "Enlisted member" means a person in an enlisted grade;
(7) "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 regulation;
(8) "Rank" means the order of precedence among members of the armed forces;
(9) "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 by law and while going to and returning from such duty;
(10) "Duty status other than active state duty" means any type of duty other than active state duty;
(11) "Military court" means a court-martial, a court of inquiry, or a provost court;
(12) "Law officer" means an official of a general court-martial detailed in accordance with this act;
(13) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the organized militia;
(14) "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;
(15) "Military" refers to any or all of the armed forces;
(16) "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;
(17) "May" is used in a permissive sense. The words, "no person may ..." mean that no person is required, authorized, or permitted to do the act prescribed;
(18) "Shall" is used in an imperative sense;
(19) "Code" means this act;
(20) "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.