RS 29:101

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RS 29:101

PART II. LOUISIANA CODE OF MILITARY JUSTICE

SUBPART A. DEFINITIONS

§101. Article 1. Definitions

A. In this Code, unless the context otherwise requires:

(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 person who has an interest other than an official interest in the prosecution of the accused.

(2)"Adjutant general" means the officer who is appointed by the governor under R.S. 29:10.

(3)"Classified information" means:

(a)Any information or material that has been determined by an official of the United States pursuant to law, an Executive Order, or regulation to require protection against unauthorized disclosure for reasons of national security; and

(b)Any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. 2014(y).

(4)"Commanding officer" includes only commissioned officers.

(5)"Duty status" means duty in the state military forces under an order issued by authority of law, and includes travel to and from such duty.

(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)"Military court" means a court-martial or a court of inquiry.

(9)"Military judge" means a judge advocate designated under R.S. 29:126(C) who is detailed under R.S. 29:126a or 130a.

(10)"National security" means the national defense and foreign relations of the United States.

(11)"Oath" includes affirmation.

(12)"Rank" means the order of precedence among members of the state military forces.

(13)"Record", when used in connection with the proceedings of a court-martial, means:

(a)An official written transcript, written summary, or other writing related to the proceedings; or

(b)An official audiotape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.

(14)"State" means the state of Louisiana.

(15)"State judge advocate" means the commissioned officer responsible for supervising the administration of military justice in the state military forces.

(16)"State military forces" means the national guard of the state, as defined in Section 101(3),

(4)and

(6)of Title 32, United States Code, and any other military forces organized under the laws of the state, when not in a status subjecting them to jurisdiction under Chapter 47 of Title 10, United States Code.

(17)"Superior commissioned officer" means a commissioned officer superior in rank or command.

B. Other terms not specifically defined herein shall be defined by military rules or regulations and customs and usage of the national guard and armed forces of the United States.

C. If a term is not defined either in Subsection A or as provided in Subsection B, it shall receive the construction and usage customarily accorded by reference to dictionaries of the English language.

Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2019, No. 373, §1.