2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5102 - Definitions

§ 5102. Definitions.
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Accuser."
A person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another or any other person who has an interest other than an official interest in the prosecution of the accused.
"Adjutant General."
The Adjutant General of the Commonwealth of Pennsylvania.
"Cadet,"
"candidate" or "midshipman." 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.
"Classified information."
Any of the following:
(1) Information or material that has been determined by an official of the United States or any state pursuant to law, an executive order or regulation to require protection against unauthorized disclosure for reasons of national or State security.
(2) Restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (68 Stat. 921, 42 U.S.C. § 2014(y)).
"Commanding officer"
or
"commander."
The Adjutant General and other commissioned officers of the State military forces when exercising command over a unit or element. The term includes officers in charge only when administering nonjudicial punishment under section 5301 (relating to commanding officer's nonjudicial punishment).
"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.
"Day"
or
"calendar day."
Any punishment authorized by this part, 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. The term is not synonymous with the term "unit training assembly."
"Department."
The Department of Military and Veterans Affairs of the Commonwealth.
"Duty status other than State active duty."
Any other type of duty under an order issued by authority of law not in Federal service and not full-time duty in the active service of the State. The term includes travel to and from the duty.
"Enemy."
An organization, entity or individual who engages in combat or hostilities against the State military forces or attacks or threatens to attack the United States or this Commonwealth.
"Enlisted member."
A person in an enlisted grade.
"Fatigue duties."
Duties, including, but not limited to, cleaning real property and facilities, kitchen duties and disposal of refuse duties which are not within the day-to-day duties of a member of the State military forces.
"Grade."
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.
"Judge advocate."
A commissioned officer of the State military forces who is a member in good standing of the bar of the Supreme Court and is:
(1) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy or Marine Corps or designated as a law specialist as an officer of the Coast Guard or a reserve component of one of these; or
(2) certified as a nonfederally recognized judge advocate, under regulations promulgated under this paragraph, by the State Judge Advocate, as competent to perform such military justice duties required by this part. If the State Judge Advocate is not available, the certification may be made by the senior judge advocate or the commander of another force in the State military forces, as the convening authority directs.
"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.
"Military court."
A court-martial or a court of inquiry.
"Military judge."
An official of a general or special court-martial detailed in accordance with section 5505 (relating to military judge of a general or special court-martial).
"Military offenses."
Those offenses described under Chapter 60 (relating to punitive sections) which are military in nature and for which there are no analogous criminal offenses described in any other law of this Commonwealth.
"National security."
The national defense and foreign relations of the United States.
"Nonmilitary offenses."
Those offenses described under Chapter 60 (relating to punitive sections) for which there are one or more analogous criminal offenses described in any other law of this Commonwealth.
"Record."
When used in connection with the proceedings of a court-martial, any of the following:
(1) An official written transcript, written summary or other writing relating to the proceedings.
(2) 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.
"Senior force commander."
The commander of the same force of the State military forces as the accused.
"Shall."
Is used in an imperative sense.
"State."
One of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam or the Virgin Islands.
"State active duty."
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. The term includes travel to and from such duty for an emergency ordered under section 508 (relating to active duty for emergency) and special State duty ordered under section 1415 of the act of April 29, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
"State Judge Advocate."
The judge advocate designated as responsible for supervising the administration of the military justice in the State military forces. He shall be the military staff judge advocate to the Governor and the Adjutant General.
"State military forces."
Any military force of the Commonwealth not in a status subjecting it to the exclusive jurisdiction of the United States. The term shall include militia when ordered into actual service for emergency under section 507 (relating to draft from militia for emergency) and the Pennsylvania National Guard.
"Superior commissioned officer."
A commissioned officer superior in rank and command.
"War."
A period of armed conflict declared a war by the Congress of the United States or recognized by the Adjutant General as a war by virtue of a declaration of national emergency and authorization by Congress.
Cross References.
Section 5102 is referred to in section 5506 of this title.