Okla. Stat. tit. 44 § 801

Current through Laws 2024, c. 453.

Section 801 - Definitions

A. As used in the Oklahoma Uniform Code of Military Justice, 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 other person who has an interest other than an official interest in the prosecution of the accused;

2. "Adjutant General" means the commander and most senior military officer of the Oklahoma National Guard appointed by the Governor with the advice and consent of the Senate. The Adjutant General exercises command and control over the Oklahoma National Guard when it is not activated for federal duty under Title 10 of the United States Code. The Adjutant General serves as the executive and administrative head of the Military Department of the State of Oklahoma as provided for in Section 21 of this title;

3. "Administrative control (ADCON)" means the control or exercise of authority over subordinate units and other organizations or units with respect to administration and support, including control of resources and equipment, personnel management, unit logistics, individual and unit training, readiness, mobilization, demobilization and other matters not included in the operational missions of the subordinate units or other organizations or units. Lawfully issued orders implementing administrative control may incorporate references to the Oklahoma Uniform Code of Military Justice (OUCMJ) for disciplinary purposes;

4. "Allowance" means an amount of money provided to members of the state military forces when adequate services or facilities are not provided by the military. Allowances are usually provided tax free for basic housing, basic subsistence, cost of living, clothing expenses and separation from family members;

5. "Arrest in quarters" means moral restraint, as opposed to physical restraint, limiting the liberty of an officer. The limits of arrest in quarters are set by the authority imposing nonjudicial punishment and may extend beyond the physical quarters of an officer;

6. "Assistant Adjutant General" means a brigadier general appointed by the Governor to assist the Adjutant General in the discharge and performance of his or her duties. An Assistant Adjutant General is a staff officer who shall meet the qualifications prescribed by law for the Adjutant General. Multiple Assistant Adjutants General may be appointed pursuant to law, custom or National Guard regulations;

7. "Cadet" or "officer candidate" means 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;

8. "Classified information" means:

a. any information or material that has been determined pursuant to federal law, by an Executive Order issued by the President in execution of federal law, or a lawfully promulgated federal regulation, to require protection against unauthorized disclosure for reasons of national security and that is so designated, and

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

9. "Code" means the Oklahoma Uniform Code of Military Justice (OUCMJ);

10. "Command authority" means the authority that a commander lawfully exercises over subordinates by virtue of rank or assignment. Disciplinary authority under the OUCMJ is inherent to command authority;

11. "Commander" means a designated commissioned officer vested with command authority pursuant to law, regulation, assignment, lawful order or custom;

12. "Commanding officer" includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under Section 815 of this title (Article 15). "Commander" has the same meaning as "commanding officer" unless the context otherwise requires;

13. "Component" means one of two constituent parts that make up the state military forces, namely the army force responsible for land-based operations and the air force responsible for aerial operations and related support activities;

14. "Confidential information" means any information or material that shall be designated as confidential pursuant to Section 24A.27 of Title 51 of the Oklahoma Statutes and any information or material that may be kept confidential pursuant to Section 24A.28 of Title 51 of the Oklahoma Statutes that has not previously been released by an appropriate authority;

15. "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 to the convening authority;

16. "Day" means calendar day and is not synonymous with the term "unit training assembly". Any punishment authorized by this act which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days;

17. "Court of Criminal Appeals" means the Oklahoma Court of Criminal Appeals, the highest court in the State of Oklahoma with appellate jurisdiction in criminal cases. It is the court of last resort for courts-martial conducted under the Code;

18. "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;

19. "Enlisted member" means a person in an enlisted grade;

20. "Fatigue duty" means general labor performed by members of the state military forces when unarmed, including but not limited to cleaning, digging, loading, organizing, etc.;

21. "Fine" means a type of punishment that makes a member pecuniarily liable to the State of Oklahoma for the amounts specified by nonjudicial punishment or adjudged by a court-martial. A fine may be paid in cash by a member, collected by deduction from the current pay of a member or collected by deduction on settlement of the pay account of a member upon discharge;

22. "Forfeiture" means a loss of monetary compensation provided to members of the Oklahoma National Guard or Oklahoma State Guard for performance of military duties as a result of nonjudicial punishment or as adjudged by a court-martial. A forfeiture is applicable to basic pay and allowances if total forfeitures of pay and allowances are specifically adjudged by a general court-martial; provided, that forfeitures other than total forfeitures shall not apply to special pay, other than hardship duty pay, or proficiency or incentive pay;

23. "Grade" means a step or degree in a graduated scale of office or military rank which is established and designated as a grade by law or regulation;

24. "Installation commander" means a commissioned officer responsible for the protection of assigned forces and assets, lodging, dining and administrative reporting, regardless of the command relations of the various types of forces present on the installation. For purposes of this definition, an installation is an Armed Forces Reserve Center, air base, armory, camp, post, readiness center, office building, the joint forces headquarters or other facility, location, structure or property so designated as an "installation" by the Adjutant General;

25. "Joint forces headquarters" means the joint headquarters provided for and established in Section 21 of this title;

26. "Judge advocate" means 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 certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army or the Air Force, or a reserve component of the same;

27. "Major command" means the 45th Infantry Brigade Combat Team, the 45th Field Artillery Brigade, the 90th Troop Command, the 137th Special Operations Wing, the 138th Fighter Wing, the joint forces headquarters and any successor organizations to the major commands named herein. The Adjutant General, in his or her discretion, may designate other military units within the Oklahoma National Guard as major commands;

28. "May" is used in a permissive sense. The phrase "no person may" means that no person is required, authorized, or permitted to do the act prescribed;

29. "Military appellate judge" means a judicial officer who is a member of the Military Court of Appeals and is nominated and appointed in accordance with Section 866 of this title (Article 66);

30. "Military court" means a court-martial or a court of inquiry;

31. "Military Court of Appeals" means the intermediate appellate court of record established in Section 866 of this title (Article 66) and charged with conducting an appellate review of questions of law arising from general and special courts-martial proceedings conducted by the state military forces and, when necessary in furtherance of its jurisdiction, reviewing all petitions for extraordinary relief properly brought before it;

32. "Military department" means the administrative agency established in Section 21 of this title charged with coordinating and supervising state military forces. The military department consists of a joint forces headquarters, an army component and an air force component under the command and control of the Adjutant General when not activated for federal duty under Title 10 of the United States Code;

33. "Military trial judge" means a judicial officer who presides over a general or special court-martial and is detailed or retained in accordance with Section 826 of this title (Article 26);

34. "Military magistrate" means a licensed attorney, detailed or retained, who conducts reviews or otherwise acts on prereferral matters relating to the rights of victims under subsection D of Section 806B of this title (Article 6B, subsection D), investigative subpoenas under subparagraph a of paragraph 1 of subsection A of Section 17 of this act (Article 30A, subsection A, paragraph 1, subparagraph a) or who conducts appellate proceedings on behalf of the Military Court of Appeals under paragraph 3 of subsection J of Section 866 of this title (Article 66, subsection J, paragraph 3);

35. "Military offenses" means those offenses designated as punitive articles under Sections 877 (Article 77, Principals), 878 (Article 78, Accessory after the fact), 879 (Article 79, Conviction of offense charged, lesser included offenses, and attempts), 880 (Article 80, Attempts), 881 (Article 81, Conspiracy), 882 (Article 82, Soliciting commission of offenses), 883 (Article 83, Malingering), 884 (Article 84, Breach of medical quarantine), 885 (Article 85, Desertion), 886 (Article 86, Absence without leave), 887 (Article 87, Missing movement; jumping from vessel), 887A (Article 87A, Resistance, flight, breach of arrest, and escape), 888 (Article 88, Contempt toward officials), 889 (Article 89, Disrespect toward superior commissioned officer; assault of superior commissioned officer), 890 (Article 90, Willfully disobeying superior commissioned officer), 891 (Article 91, Insubordinate conduct toward warrant officer, or noncommissioned officer), 892 (Article 92, Failure to obey order or regulation), 893 (Article 93, Cruelty and maltreatment), 893A (Article 93A, Prohibited activities with military recruit or trainee by person in position of special trust), 894 (Article 94, Mutiny or sedition), 895 (Article 95, Offenses by sentinel or lookout), 895A (Article 95A, Disrespect toward sentinel or lookout), 896 (Article 96, Release of prisoner without authority; drinking with prisoner), 897 (Article 97, Unlawful detention), 898 (Article 98, Misconduct as prisoner), 899 (Article 99, Misbehavior before the enemy), 900 (Article 100, Subordinate compelling surrender), 901 (Article 101, Improper use of countersign), 902 (Article 102, Forcing a safeguard), 903B (Article 103B, Aiding the enemy), 903C (Article 103C, Unlawful disclosure of confidential information), 904 (Article 104, Public records offenses), 904A (Article 104A, Fraudulent enlistment, appointment, or separation), 904B (Article 104B, Unlawful enlistment, appointment, or separation), 905A (Article 105A, False or unauthorized pass offenses), 906A (Article 106A, Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button), 907 (Article 107, False official statements; false swearing), 908 (Article 108, Military property-loss, damage, destruction, or wrongful disposition), 908A (Article 108A, Captured or abandoned property), 909 (Article 109, Property other than military property-waste, spoilage, or destruction), 910 (Article 110, Improper hazarding of vessel or aircraft), 912 (Article 112, Drunkenness and other incapacitation offenses), 912A (Article 112A, Wrongful use, possession, etc., of controlled substances), 914 (Article 114, Endangerment offenses), 916 (Article 116, Riot or breach of peace), 917 (Article 117, Provoking speeches or gestures), 917A (Article 117A, Wrongful broadcast or distribution of intimate visual images), 920 (Article 120, Sexual assault generally), 920C (Article 120C, Other sexual misconduct), 920D (Article 120D, Fraternization), 921 (Article 121, Larceny and wrongful appropriation), 924 (Article 124, Frauds against the government), 928 (Article 128, Assault), 930 (Article 130, Stalking), 931 (Article 131, Perjury), 931A (Article 131A, Subornation of perjury), 931B (Article 131B, Obstructing justice), 931C (Article 131C, Misprision of serious offense), 931D (Article 131D, Wrongful refusal to testify), 931F (Article 131F, Noncompliance with procedural rules), 931G (Article 131G, Wrongful interference with adverse administrative proceeding), 932 (Article 132, Retaliation), 933 (Article 133, Conduct unbecoming an officer and a gentleman) and 934 (Article 134, General article) of this title;

36. "Military publication" means a written publication of an administrative nature such as a regulation, instruction, pamphlet, circular, permanent or general order, delegation of authority letter, numbered Adjutant General policy memorandum or blank form promulgated or published by or under the authority of the Adjutant General. An order or directive issued by the Adjutant General that is operational in nature or issued in execution of a military mission shall not be included within the meaning of military publication. Rules of procedure published by the State Judge Advocate for the Military Court of Appeals are included in the meaning of military publication. The organizational chart and rating scheme required in Section 26 of this title shall not be included in the meaning of military publication;

37. "Month's pay" means the amount of basic pay that would be paid to a member if that member were serving on active duty;

38. "National security" means the national defense and foreign relations of the United States;

39. "Nexus" means the appearance of a connection between a military or nonmilitary offense and the state military forces which brings discredit or dishonor to the state military forces due to representations of membership in the state military forces by a member. Such representations may be made directly or indirectly, including but not limited to publication on social media or other electronic communication platforms;

40. "Noncommissioned officer" means an enlisted member above the pay grade of E-4 or an enlisted member in the army component of state military forces holding the rank of corporal;

41. "Nonjudicial punishment" means punishment imposed administratively by a commander or officer in charge for minor offenses in lieu of a court-martial;

42. "Nonmilitary offense" means any criminal offense established in law that is not defined as a military offense in this section;

43. "Officer" means a commissioned or warrant officer;

44. "Officer in charge" means a commissioned or warrant officer designated as such by appropriate authority;

45. "Pay" means monetary compensation provided to members of the state military forces in exchange for performance of military duties carried out pursuant to a lawful order or otherwise under the authority of law, including basic pay, special pay, proficiency pay and incentive pay. "Pay" shall not mean allowances as defined in this section;

46. "Rank" means the order of precedence among members of the state military forces;

47. "Record", when used in connection with the proceedings of a court-martial, means:

a. an official written transcript, written summary, or other writing relating to the proceedings, or

b. an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced;

48. "Regulation" means a written, administrative expression of executive authority issued by an executive branch officer which carries with it the force and effect of law due to inherent command authority or express delegation of authority by the legislative branch; regulations provided for in the Code are published and archived by the Secretary of State;

49. "Rehearing" means a new trial on the findings, on the sentence, or on both;

50. "Restriction" means moral restraint, as opposed to physical restraint, limiting access to physical places or participation in certain activities. In comparison to arrest in quarters, "restriction" is a lesser punishment;

51. "Senior force component judge advocate" means the judge advocate assigned as the chief legal advisor within the same component of the state military forces as the accused. Unless there is a conflict of interest, a senior force component judge advocate may also serve as legal counsel to the Adjutant General and may be designated as the State Judge Advocate. The customary duty station of a senior force component judge advocate is joint forces headquarters;

52. "Shall" is used in an imperative sense;

53. "State" means one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin Islands;

54. "State active duty" means full-time duty in the state military forces under an order of the Governor or otherwise issued by authority of law, and paid by state funds, and includes travel to and from such duty. State active duty shall not mean military duty performed by the state military forces pursuant to Title 32 of the United States Code;

55. "State Judge Advocate" means a member of the Oklahoma National Guard qualified as a judge advocate, as defined in this section, and who is designated in writing by the Adjutant General as the State Judge Advocate;

56. "State military forces" means the National Guard of the State of Oklahoma, which includes an army component and an air force component, as defined in Title 32, United States Code, and Section 41 of this title; the Oklahoma State Guard, organized pursuant to Section 109 of Title 32, United States Code, and established pursuant to the Oklahoma State Guard Act; and any other military force organized under the Constitution and laws of the State of Oklahoma when not in a status placing them under exclusive federal jurisdiction pursuant to Chapter 47 of Title 10, United States Code. Unless otherwise established by Oklahoma law, the unorganized militia, as provided for in Section 41 of this title, or any other state military force that does not meet this definition shall not be considered part of the "state military forces" under the Code;

57. "Superior commissioned officer" means a commissioned officer superior in rank or command;

58. "Supplies" means materiel, equipment and stores of all types possessed or lawfully controlled by state military forces; and

59. "Title 32 active duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the Oklahoma National Guard pursuant to Section 316, 502, 503, 504 or 505 of Title 32 of the United States Code for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.

B. Other terms not specifically defined herein shall be defined by military rules or regulations and customs and usage of the National Guard and the Armed Forces of the United States.

C. If a term is not defined in either subsection A of this section nor defined as provided in subsection B of this section, it shall receive the construction and usage customarily accorded by reference to dictionaries of the English language in existence at the time of adoption of this act.

Okla. Stat. tit. 44, § 801

Amended by Laws 2021 , c. 12, s. 9, eff. 4/13/2021.

Added by Laws 2019 , c. 408, s. 5, eff. 10/1/2019.