Okla. Stat. tit. 44, § 44-801

ARTICLE 1. Definitions.

A. As used in the Oklahoma Uniform Code of Military Justice,

unless the context otherwise requires:

1. "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 other person who has an interest other than an

official interest in the prosecution of the accused;

2. "Adjutant General" means the commander and most senior

military officer of the Oklahoma National Guard appointed by the

Governor with the advice and consent of the Senate. The Adjutant

General exercises command and control over the Oklahoma National

Guard when it is not activated for federal duty under Title 10 of

the United States Code. The Adjutant General serves as the

executive and administrative head of the Military Department of the

State of Oklahoma as provided for in Section 21 of this title;

3. "Administrative control (ADCON)" means the control or

exercise of authority over subordinate units and other organizations

or units with respect to administration and support, including

control of resources and equipment, personnel management, unit

logistics, individual and unit training, readiness, mobilization,

demobilization and other matters not included in the operational

missions of the subordinate units or other organizations or units.

Lawfully issued orders implementing administrative control may

incorporate references to the Oklahoma Uniform Code of Military

Justice (OUCMJ) for disciplinary purposes;

4. "Allowance" means an amount of money provided to members of

the state military forces when adequate services or facilities are

not provided by the military. Allowances are usually provided tax-

free for basic housing, basic subsistence, cost of living, clothing

expenses and separation from family members;

5. "Arrest in quarters" means moral restraint, as opposed to

physical restraint, limiting the liberty of an officer. The limits

of arrest in quarters are set by the authority imposing nonjudicial

punishment and may extend beyond the physical quarters of an

officer;

6. "Assistant Adjutant General" means a brigadier general

appointed by the Governor to assist the Adjutant General in the

discharge and performance of his or her duties. An Assistant

Adjutant General is a staff officer who shall meet the

qualifications prescribed by law for the Adjutant General. Multiple

Assistant Adjutants General may be appointed pursuant to law, custom

or National Guard regulations;

7. "Cadet" or "officer candidate" means a person who is

enrolled in or attending a state military academy, a regional

Oklahoma Statutes - Title 44. Militia Page 58

training institute, or any other formal education program for the

purpose of becoming a commissioned officer in the state military

forces;

8. "Classified information" means:

a. any information or material that has been determined

pursuant to federal law, by an Executive Order issued

by the President in execution of federal law, or a

lawfully promulgated federal regulation, to require

protection against unauthorized disclosure for reasons

of national security and that is so designated, and

b. any restricted data, as defined in Section 11(y) of

the Atomic Energy Act of 1954 (42 U.S.C., Section

2014(y));

9. "Code" means the Oklahoma Uniform Code of Military Justice

(OUCMJ);

10. "Command authority" means the authority that a commander

lawfully exercises over subordinates by virtue of rank or

assignment. Disciplinary authority under the OUCMJ is inherent to

command authority;

11. "Commander" means a designated commissioned officer vested

with command authority pursuant to law, regulation, assignment,

lawful order or custom;

12. "Commanding officer" includes only commissioned officers of

the state military forces and shall include officers in charge only

when administering nonjudicial punishment under Section 815 of this
he OUCMJ is inherent to

command authority;

11. "Commander" means a designated commissioned officer vested

with command authority pursuant to law, regulation, assignment,

lawful order or custom;

12. "Commanding officer" includes only commissioned officers of

the state military forces and shall include officers in charge only

when administering nonjudicial punishment under Section 815 of this

title (Article 15). "Commander" has the same meaning as "commanding

officer" unless the context otherwise requires;

13. "Component" means one of two constituent parts that make up

the state military forces, namely the army force responsible for

land-based operations and the air force responsible for aerial

operations and related support activities;

14. "Confidential information" means any information or

material that shall be designated as confidential pursuant to

Section 24A.27 of Title 51 of the Oklahoma Statutes and any

information or material that may be kept confidential pursuant to

Section 24A.28 of Title 51 of the Oklahoma Statutes that has not

previously been released by an appropriate authority;

15. "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 to the convening authority;

16. "Day" means calendar day and is not synonymous with the

term "unit training assembly". Any punishment authorized by this

act 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;

17. "Court of Criminal Appeals" means the Oklahoma Court of

Criminal Appeals, the highest court in the State of Oklahoma with

Oklahoma Statutes - Title 44. Militia Page 59

appellate jurisdiction in criminal cases. It is the court of last

resort for courts-martial conducted under the Code;

18. "Duty status" means duty in the state military forces under

an order issued by authority of law, and includes travel to and from

such duty;

19. "Enlisted member" means a person in an enlisted grade;

20. "Fatigue duty" means general labor performed by members of

the state military forces when unarmed, including but not limited to

cleaning, digging, loading, organizing, etc.;

21. "Fine" means a type of punishment that makes a member

pecuniarily liable to the State of Oklahoma for the amounts

specified by nonjudicial punishment or adjudged by a court-martial.

A fine may be paid in cash by a member, collected by deduction from

the current pay of a member or collected by deduction on settlement

of the pay account of a member upon discharge;

22. "Forfeiture" means a loss of monetary compensation provided

to members of the Oklahoma National Guard or Oklahoma State Guard

for performance of military duties as a result of nonjudicial

punishment or as adjudged by a court-martial. A forfeiture is

applicable to basic pay and allowances if total forfeitures of pay

and allowances are specifically adjudged by a general court-martial;

provided, that forfeitures other than total forfeitures shall not

apply to special pay, other than hardship duty pay, or proficiency

or incentive pay;

23. "Grade" means a step or degree in a graduated scale of

office or military rank which is established and designated as a

grade by law or regulation;

24. "Installation commander" means a commissioned officer

responsible for the protection of assigned forces and assets,

lodging, dining and administrative reporting, regardless of the

command relations of the various types of forces present on the

installation. For purposes of this definition, an installation is

an Armed Forces Reserve Center, air base, armory, camp, post,

readiness center, office building, the joint forces headquarters or

other facility, location, structure or property so designated as an

"installation" by the Adjutant General;

25. "Joint forces headquarters" means the joint headquarters
ypes of forces present on the

installation. For purposes of this definition, an installation is

an Armed Forces Reserve Center, air base, armory, camp, post,

readiness center, office building, the joint forces headquarters or

other facility, location, structure or property so designated as an

"installation" by the Adjutant General;

25. "Joint forces headquarters" means the joint headquarters

provided for and established in Section 21 of this title;

26. "Judge advocate" means a commissioned officer of the

organized state military forces who is a member in good standing of

the bar of the highest court of a state, and is certified or

designated as a judge advocate in the Judge Advocate General's Corps

of the Army or the Air Force, or a reserve component of the same;

27. "Major command" means the 45th Infantry Brigade Combat

Team, the 45th Field Artillery Brigade, the 90th Troop Command, the

137th Special Operations Wing, the 138th Fighter Wing, the joint

forces headquarters and any successor organizations to the major

Oklahoma Statutes - Title 44. Militia Page 60

commands named herein. The Adjutant General, in his or her

discretion, may designate other military units within the Oklahoma

National Guard as major commands;

28. "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;

29. "Military appellate judge" means a judicial officer who is

a member of the Military Court of Appeals and is nominated and

appointed in accordance with Section 866 of this title (Article 66);

30. "Military court" means a court-martial or a court of

inquiry;

31. "Military Court of Appeals" means the intermediate

appellate court of record established in Section 866 of this title

(Article 66) and charged with conducting an appellate review of

questions of law arising from general and special courts-martial

proceedings conducted by the state military forces and, when

necessary in furtherance of its jurisdiction, reviewing all

petitions for extraordinary relief properly brought before it;

32. "Military department" means the administrative agency

established in Section 21 of this title charged with coordinating

and supervising state military forces. The military department

consists of a joint forces headquarters, an army component and an

air force component under the command and control of the Adjutant

General when not activated for federal duty under Title 10 of the

United States Code;

33. "Military trial judge" means a judicial officer who

presides over a general or special court-martial and is detailed or

retained in accordance with Section 826 of this title (Article 26);

34. "Military magistrate" means a licensed attorney, detailed

or retained, who conducts reviews or otherwise acts on prereferral

matters relating to the rights of victims under subsection D of

Section 806B of this title (Article 6B, subsection D), investigative

subpoenas under subparagraph a of paragraph 1 of subsection A of

Section 17 of this act (Article 30A, subsection A, paragraph 1,

subparagraph a) or who conducts appellate proceedings on behalf of

the Military Court of Appeals under paragraph 3 of subsection J of

Section 866 of this title (Article 66, subsection J, paragraph 3);

35. "Military offenses" means those offenses designated as

punitive articles under Sections 877 (Article 77, Principals), 878

(Article 78, Accessory after the fact), 879 (Article 79, Conviction

of offense charged, lesser included offenses, and attempts), 880

(Article 80, Attempts), 881 (Article 81, Conspiracy), 882 (Article

82, Soliciting commission of offenses), 883 (Article 83,

Malingering), 884 (Article 84, Breach of medical quarantine), 885

(Article 85, Desertion), 886 (Article 86, Absence without leave),

887 (Article 87, Missing movement; jumping from vessel), 887A

(Article 87A, Resistance, flight, breach of arrest, and escape), 888
s), 880

(Article 80, Attempts), 881 (Article 81, Conspiracy), 882 (Article

82, Soliciting commission of offenses), 883 (Article 83,

Malingering), 884 (Article 84, Breach of medical quarantine), 885

(Article 85, Desertion), 886 (Article 86, Absence without leave),

887 (Article 87, Missing movement; jumping from vessel), 887A

(Article 87A, Resistance, flight, breach of arrest, and escape), 888

Oklahoma Statutes - Title 44. Militia Page 61

(Article 88, Contempt toward officials), 889 (Article 89, Disrespect

toward superior commissioned officer; assault of superior

commissioned officer), 890 (Article 90, Willfully disobeying

superior commissioned officer), 891 (Article 91, Insubordinate

conduct toward warrant officer, or noncommissioned officer), 892

(Article 92, Failure to obey order or regulation), 893 (Article 93,

Cruelty and maltreatment), 893A (Article 93A, Prohibited activities

with military recruit or trainee by person in position of special

trust), 894 (Article 94, Mutiny or sedition), 895 (Article 95,

Offenses by sentinel or lookout), 895A (Article 95A, Disrespect

toward sentinel or lookout), 896 (Article 96, Release of prisoner

without authority; drinking with prisoner), 897 (Article 97,

Unlawful detention), 898 (Article 98, Misconduct as prisoner), 899

(Article 99, Misbehavior before the enemy), 900 (Article 100,

Subordinate compelling surrender), 901 (Article 101, Improper use of

countersign), 902 (Article 102, Forcing a safeguard), 903B (Article

103B, Aiding the enemy), 903C (Article 103C, Unlawful disclosure of

confidential information), 904 (Article 104, Public records

offenses), 904A (Article 104A, Fraudulent enlistment, appointment,

or separation), 904B (Article 104B, Unlawful enlistment,

appointment, or separation), 905A (Article 105A, False or

unauthorized pass offenses), 906A (Article 106A, Wearing

unauthorized insignia, decoration, badge, ribbon, device, or lapel

button), 907 (Article 107, False official statements; false

swearing), 908 (Article 108, Military property-loss, damage,

destruction, or wrongful disposition), 908A (Article 108A, Captured

or abandoned property), 909 (Article 109, Property other than

military property-waste, spoilage, or destruction), 910 (Article

110, Improper hazarding of vessel or aircraft), 912 (Article 112,

Drunkenness and other incapacitation offenses), 912A (Article 112A,

Wrongful use, possession, etc., of controlled substances), 914

(Article 114, Endangerment offenses), 916 (Article 116, Riot or

breach of peace), 917 (Article 117, Provoking speeches or gestures),

917A (Article 117A, Wrongful broadcast or distribution of intimate

visual images), 920 (Article 120, Sexual assault generally), 920C

(Article 120C, Other sexual misconduct), 920D (Article 120D,

Fraternization), 921 (Article 121, Larceny and wrongful

appropriation), 924 (Article 124, Frauds against the government),

928 (Article 128, Assault), 930 (Article 130, Stalking), 931

(Article 131, Perjury), 931A (Article 131A, Subornation of perjury),

931B (Article 131B, Obstructing justice), 931C (Article 131C,

Misprision of serious offense), 931D (Article 131D, Wrongful refusal

to testify), 931F (Article 131F, Noncompliance with procedural

rules), 931G (Article 131G, Wrongful interference with adverse

administrative proceeding), 932 (Article 132, Retaliation), 933

(Article 133, Conduct unbecoming an officer and a gentleman) and 934

(Article 134, General article) of this title;

Oklahoma Statutes - Title 44. Militia Page 62

36. "Military publication" means a written publication of an

administrative nature such as a regulation, instruction, pamphlet,

circular, permanent or general order, delegation of authority

letter, numbered Adjutant General policy memorandum or blank form

promulgated or published by or under the authority of the Adjutant

General. An order or directive issued by the Adjutant General that
e 62

36. "Military publication" means a written publication of an

administrative nature such as a regulation, instruction, pamphlet,

circular, permanent or general order, delegation of authority

letter, numbered Adjutant General policy memorandum or blank form

promulgated or published by or under the authority of the Adjutant

General. An order or directive issued by the Adjutant General that

is operational in nature or issued in execution of a military

mission shall not be included within the meaning of military

publication. Rules of procedure published by the State Judge

Advocate for the Military Court of Appeals are included in the

meaning of military publication. The organizational chart and

rating scheme required in Section 26 of this title shall not be

included in the meaning of military publication;

37. "Month's pay" means the amount of basic pay that would be

paid to a member if that member were serving on active duty;

38. "National security" means the national defense and foreign

relations of the United States;

39. "Nexus" means the appearance of a connection between a

military or nonmilitary offense and the state military forces which

brings discredit or dishonor to the state military forces due to

representations of membership in the state military forces by a

member. Such representations may be made directly or indirectly,

including but not limited to publication on social media or other

electronic communication platforms;

40. "Noncommissioned officer" means an enlisted member above

the pay grade of E-4 or an enlisted member in the army component of

state military forces holding the rank of corporal;

41. "Nonjudicial punishment" means punishment imposed

administratively by a commander or officer in charge for minor

offenses in lieu of a court-martial;

42. "Nonmilitary offense" means any criminal offense

established in law that is not defined as a military offense in this

section;

43. "Officer" means a commissioned or warrant officer;

44. "Officer in charge" means a commissioned or warrant officer

designated as such by appropriate authority;

45. "Pay" means monetary compensation provided to members of

the state military forces in exchange for performance of military

duties carried out pursuant to a lawful order or otherwise under the

authority of law, including basic pay, special pay, proficiency pay

and incentive pay. "Pay" shall not mean allowances as defined in

this section;

46. "Rank" means the order of precedence among members of the

state military forces;

47. "Record", when used in connection with the proceedings of a

court-martial, means:

Oklahoma Statutes - Title 44. Militia Page 63

a. an official written transcript, written summary, or

other writing relating to the proceedings, or

b. 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;

48. "Regulation" means a written, administrative expression of

executive authority issued by an executive branch officer which

carries with it the force and effect of law due to inherent command

authority or express delegation of authority by the legislative

branch; regulations provided for in the Code are published and

archived by the Secretary of State;

49. "Rehearing" means a new trial on the findings, on the

sentence, or on both;

50. "Restriction" means moral restraint, as opposed to physical

restraint, limiting access to physical places or participation in

certain activities. In comparison to arrest in quarters,

"restriction" is a lesser punishment;

51. "Senior force component judge advocate" means the judge

advocate assigned as the chief legal advisor within the same

component of the state military forces as the accused. Unless there

is a conflict of interest, a senior force component judge advocate

may also serve as legal counsel to the Adjutant General and may be
comparison to arrest in quarters,

"restriction" is a lesser punishment;

51. "Senior force component judge advocate" means the judge

advocate assigned as the chief legal advisor within the same

component of the state military forces as the accused. Unless there

is a conflict of interest, a senior force component judge advocate

may also serve as legal counsel to the Adjutant General and may be

designated as the State Judge Advocate. The customary duty station

of a senior force component judge advocate is joint forces

headquarters;

52. "Shall" is used in an imperative sense;

53. "State" means one of the several states, the District of

Columbia, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin

Islands;

54. "State active duty" means 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, and includes travel to

and from such duty. State active duty shall not mean military duty

performed by the state military forces pursuant to Title 32 of the

United States Code;

55. "State Judge Advocate" means a member of the Oklahoma

National Guard qualified as a judge advocate, as defined in this

section, and who is designated in writing by the Adjutant General as

the State Judge Advocate;

56. "State military forces" means the National Guard of the

State of Oklahoma, which includes an army component and an air force

component, as defined in Title 32, United States Code, and Section

41 of this title; the Oklahoma State Guard, organized pursuant to

Section 109 of Title 32, United States Code, and established

pursuant to the Oklahoma State Guard Act; and any other military

force organized under the Constitution and laws of the State of

Oklahoma Statutes - Title 44. Militia Page 64

Oklahoma when not in a status placing them under exclusive federal

jurisdiction pursuant to Chapter 47 of Title 10, United States Code.

Unless otherwise established by Oklahoma law, the unorganized

militia, as provided for in Section 41 of this title, or any other

state military force that does not meet this definition shall not be

considered part of the "state military forces" under the Code;

57. "Superior commissioned officer" means a commissioned

officer superior in rank or command;

58. "Supplies" means materiel, equipment and stores of all

types possessed or lawfully controlled by state military forces; and

59. "Title 32 active duty" means training or other duty, other

than inactive duty, performed by a member of the Army National Guard

of the United States or the Air National Guard of the United States

in the member's status as a member of the Oklahoma National Guard

pursuant to Section 316, 502, 503, 504 or 505 of Title 32 of the

United States Code for which the member is entitled to pay from the

United States or for which the member has waived pay from the United

States.

B. Other terms not specifically defined herein shall be defined

by military rules or regulations and customs and usage of the

National Guard and the Armed Forces of the United States.

C. If a term is not defined in either subsection A of this

section nor defined as provided in subsection B of this section, it

shall receive the construction and usage customarily accorded by

reference to dictionaries of the English language in existence at

the time of adoption of this act.