Utah Code 39A-5-102. Definitions

39A-5-102. Definitions.
As used in this chapter:

(1)

“Accuser” means an individual who:

Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
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. See Utah Code 39A-5-102
Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
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. See Utah Code 39A-5-102
Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)	signs and swears to charges;

(b)	directs that charges nominally be signed and sworn to by another; or

(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.

Renumbered and Amended by Chapter 373, 2022 General Session