2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 1 - GENERAL PROVISIONS (§§ 28-3.1-101 — 28-3.1-114) › Section 28-3.1-102 - Definitions

As used in this article 3.1, unless the context otherwise requires:
(1)
"Accuser" means any person who signs and swears to charges, any person who directs that charges 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)
Repealed.
(2.3)
"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 or warrant officer in the state military forces.
(2.7)
"Classified information" means:
(a)
Any information or material that has been determined by an official of the United States or any state pursuant to law, 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 section 11 of the federal "Atomic Energy Act of 1954",
42 U.S.C. sec. 2014(y)
.
(3)
"Code" means the Colorado code of military justice.
(4)
"Commanding officer" means a commissioned officer or warrant officer in a position of command, or a commissioned officer in charge when he or she is administering nonjudicial punishment pursuant to section
28-3.1-114
.
(5)
"Commissioned officer" means a person who holds the rank of not less than second lieutenant.
(6)
"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.
(6.5)
"Dismissal" means a punitive separation that applies only to commissioned officers, commissioned warrant officers, candidates, and cadets and may be adjudged by a general court-martial. A dismissal may be adjudged for any offense for which a commissioned officer, commissioned warrant officer, candidate, or cadet has been found guilty.
(7)
"Enlisted member" means any person who is serving in an enlisted grade.
(8)
"Grade" means a step or degree in a graduated scale of office or military rank that is established by law or regulation.
(9)
"Hostile force" means any person or group of persons acting in violation of the law or opposing the military force in the carrying out of its missions, including but not limited to saboteurs, rioters, and looters.
(10)
"Judge advocate" means any commissioned officer who is certified by the state judge advocate general.
(10.5)
"Junior enlisted" means an enlisted person holding the rank of E-1 through E-4.
(11)
"Legal officer" means any commissioned officer of the state military forces designated to perform legal duties of a command.
(12)
"Military" or "military forces" refers to any or all of the state military forces.
(13)
"Military court" means a court-martial, a court of inquiry, or a provost court.
(14)
"Military judge" means an official of general and special courts-martial detailed in accordance with section
28-3.1-210
.
(14.5)
"Noncommissioned officer" means an enlisted person holding the rank of E-5 through E-9.
(15)
"Officer" means a commissioned or warrant officer.
(16)
"Officer candidate" means a cadet of the state officer candidate school.
(17)
"President" means the member of the court highest in grade and rank.
(18)
"Rank" means order of precedence among members of the state military forces.
(18.4)
"Safeguard" means a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy or of a neutral party affected by the relationship of belligerent forces in their prosecution of war or during circumstances amounting to a state of belligerency, including a written order left by a commander with an enemy subject or posted upon enemy property for the protection of that person or property.
(18.7)
"State active duty" means all duty authorized under the constitution and laws of the state of Colorado and all training authorized under Title 32 of the United States Code, as amended.
(19)
"State judge advocate general" means the judge advocate general of the state military forces, appointed pursuant to section
28-3.1-106
, who is responsible for supervising the administration of military justice in the state military forces and performing such other legal duties as may be required by the adjutant general.
(20)
"State military forces" means the National Guard of this state, as defined in section
28-3-101(12)
, and any other militia or military forces organized under the laws of the state.
(21)
"Superior commissioned officer" means a commissioned officer superior in rank of command.
(22)
"Unit training assembly" means an authorized and scheduled training period of not less than four hours duration. Unit training assemblies are authorized pursuant to
32 U.S.C. sec. 502
, as amended, and may be conducted with or without pay.
(23)
"Warrant officer" means a person who holds the rank of warrant officer one through chief warrant officer five. These persons rank above enlisted personnel and below commissioned officers.
Amended by 2018 Ch. 95,§ 1, eff. 4/2/2018.
L. 83: Entire article added, p. 1162, § 1, effective June 10. L. 2002: (20) amended, p. 362, § 23, effective July 1. L. 2018: IP and (4) amended, (2) repealed, and (2.3), (2.7), (6.5), (10.5), (14.5), (18.4), (18.7), (22), and (23) added, (SB 18-135), ch. 95, p. 740, § 1, effective April 2.
For the legislative declaration contained in the 2002 act amending subsection (20), see section 1 of chapter 121, Session Laws of Colorado 2002.