K.S.A. § 48-2101 — KS Code / Chapter 48 / Article 21 / Section 48-2101
48-2101 - (KCMJ Art. 1) Definitions.
Status: in_force

48-2101. (KCMJ Art. 1) Definitions. In this act, unless the context otherwise requires:

(1) "State military forces" means the national guard of the state, as defined in title 32 of the United States Code, and any other military force organized under the laws of the state when not in a status subjecting the state military forces to exclusive federal jurisdiction under title 10 of chapter 47 of the United States Code. The unorganized militia, state defense force, state national guard, home guard or any other name of any state force that does not meet this definition shall be part of the state military forces under this code.

(2) "Officer" means both a commissioned or warrant officer.

(3) "Commanding officer" includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under K.S.A. 48-2301, and amendments thereto. The term "commander" has the same meaning as "commanding officer" unless otherwise noted.

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

(5) "Enlisted member" means a person serving in an enlisted grade.

(6) "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.

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

(8) "State active duty" means full-time duty in the state military forces under an order of the governor issued under authority vested in the governor by law, and paid for by state funds, including travel to and from such duty.

(9) "Duty status other than state active duty" means any other type of duty not in federal service and not full-time duty in the active service of the state, under an order issued by authority of law, including travel to and from such duty.

(10) "State judge advocate" means the judge advocate appointed by the adjutant general who is responsible for supervising, overseeing and managing all legal personnel and services of the state military forces and military legal matters therein and for the administration of military justice.

(11) "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.

(12) "Military" refers to any or all of the armed forces.

(13) "May" is used in a permissive sense. The words "no person may ..." means that no person is required, authorized or permitted to do the act prescribed.

(14) "Shall" is used in an imperative, mandatory sense.

(15) "Code" means this act or the Kansas code of military justice.

(16) "Enemy" means any hostile force designated as such by the United States, designated terrorist group or organized group designated by the proper civil authority that causes or perpetuates an insurrection against the United States or state of Kansas, rioters, looters, dissidents and others opposing or interfering with law and order.

(17) "Judge advocate" means a commissioned officer of the organized state military forces who is a member in good standing of the state bar of Kansas and is:

(a) Certified or designated as a judge advocate in the judge advocate general's corps of the army, air force, navy, marine corps or space force, or designated as a law specialist and as an officer of the coast guard or a reserve component of the armed forces; or

(b) certified as a non-federally recognized judge advocate under regulations promulgated under this provision by the state judge advocate or a designee as competent to perform such military justice duties required by this code.

(18) "Cadet" or "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.

(19) "Classified information" means:

(a) Any information or material that has been determined by an official of the United States or any state in accordance with law, an executive order or regulation to require protection against unauthorized disclosure for reasons of national or state security; and

(b) any restricted data, as defined in 42 U.S.C. § 2014(y).

(20) "Day" means a calendar day and is not synonymous with the term "unit training assembly." Any punishment authorized by this code that is measured in days shall, when served in a status other than annual training, be construed to mean successive duty days.

(21) "Military offenses" means those offenses punishable under the KCMJ and prescribed under chapter 48 of the Kansas Statutes Annotated, and amendments thereto.

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

(23) "Commissioned officer" includes a commissioned warrant officer.

(24) "Pay" means the federal active duty base pay in accordance with current United States department of defense military pay tables.

(25) "Open hearing" and "open proceeding" means a hearing or a proceeding that is open to and may be attended by members of the state military forces except for any member who is a witness in such hearing.

(26) "UCMJ" means the uniform code of military justice as defined in title 10 of chapter 47 of the United States Code and put into effect by an executive order of the president of the United States.