2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1102 - DEFINITIONS.

46-1102. Definitions. The definitions used in the command, administration, supply, training, discipline and employment of the armed forces of the United States, unless clearly inapplicable or contradictory, are adopted with respect to the Idaho military except as otherwise provided in this act. As used in this act:

(1) "Idaho military" and "military" refers to all components of the Idaho national guard and the militia of the state of Idaho, as defined in section 46-103, Idaho Code.

(2) "Idaho national guard" means both the Idaho army national guard and the Idaho air national guard.

(3) "In federal service" and "not in federal service" mean the same as those terms are used and construed in federal laws and regulations.

(4) "Officer" means both a commissioned officer and a warrant officer of the Idaho military, unless a distinction between commissioned officer and warrant officer is clearly evident.

(5) "Superior officer" means an officer superior in rank or command.

(6) "Enlisted person" means any person who is serving in an enlisted grade in any unit of the Idaho military.

(7) "Military court" means a court-martial.

(8) "Commanding officer" means a commissioned officer or warrant officer who is in command of any unit of the Idaho military other than a platoon.

(9) "Command" means any unit of the Idaho military other than a platoon.

(10) "Legal officer" means any legally trained commissioned officer of the Idaho national guard who is certified by the judge advocate general of his respective service to perform legal duties in the military.

(11) "Duty status" includes periods when a military member is on duty or is lawfully ordered to duty.

(12) "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.

(13) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer acting in the capacity of the convening authority, even if in a temporary status, or a successor in command.

(14) "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.

(15) "Shall" is used in a mandatory sense.

(16) "Code" means this chapter.

(17) "Arrest" is the taking of a person into custody.

(18) "Military judge" means that individual, either military or civilian, appointed pursuant to section 46-1114(2), Idaho Code, to preside over courts-martial or to perform other judicial duties under this chapter.

(19) "Manual for courts-martial" means that document prescribed by Presidential Executive Order 12473, August 1, 1984; as currently amended (1995 Edition).

(20) "Uniform code of military justice" means 10 U.S.C. section 801, et seq., as amended.

(21) "Enemy" includes organized armed forces of a party hostile to the state or the United States in time of war, any hostile body that the forces of the state or the United States may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations.