Alaska Statutes 26.05.990 – Definitions

In this chapter, unless the context otherwise requires,

(1) “accuser” means a person who signs and swears to charges, a 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;

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Terms Used In Alaska Statutes 26.05.990

code of military justice: means the provisions of this chapter and the regulations adopted by the adjutant general to implement this chapter. See Alaska Statutes 26.05.990
commander: includes only commissioned officers of the militia of the state and includes officers in charge only when administering a nonjudicial punishment under the code of military justice. See Alaska Statutes 26.05.990
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. See Alaska Statutes 26.05.990
day: means calendar day and is not synonymous with the term "unit training assembly". See Alaska Statutes 26.05.990
department: means the Department of Military and Veterans' Affairs. See Alaska Statutes 26.05.990
militia of the state: means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. See Alaska Statutes 26.05.990
national or state security: means the national defense and foreign relations of the United States. See Alaska Statutes 26.05.990
officer: means a commissioned or warrant officer. See Alaska Statutes 26.05.990
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
writing: includes printing. See Alaska Statutes 01.10.060

(2) “arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits;

(3) “cadet,” “candidate,” or “midshipman” 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 militia of the state;

(4) “classified information” means

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

(B) restricted data, as defined in 42 U.S.C. § 2014 (y) (Atomic Energy Act of 1954);

(5) “code of military justice” means the provisions of this chapter and the regulations adopted by the adjutant general to implement this chapter;

(6) “commanding officer” or “commander” includes only commissioned officers of the militia of the state and includes officers in charge only when administering a nonjudicial punishment under the code of military justice;

(7) “confinement” means the physical restraint of a person;

(8) “controlled substance” means

(A) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana;

(B) a compound or derivative of a substance specified in (A) of this paragraph;

(C) a substance not specified in (A) or (B) of this paragraph that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of the armed forces of the United States under 10 U.S.C. § 801 – 946 (Uniform Code of Military Justice);

(D) a substance not specified in (A) or (B) of this paragraph or on a list prescribed by the President under (C) of this paragraph that is listed in 21 U.S.C. § 812, schedules I through V;

(E) an illicit synthetic drug identified in Alaska Stat. § 17.21.010;

(9) “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;

(10) “day” means calendar day and is not synonymous with the term “unit training assembly”;

(11) “department” means the Department of Military and Veterans’ Affairs;

(12) “enlisted member” means a person in an enlisted grade;

(13) “military court” means a court-martial;

(14) “military judge” means an official of a general or special court-martial described under AS 26.05.470;

(15) “militia” or “militia of the state” means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force;

(16) “national or state security” means the national defense and foreign relations of the United States;

(17) “officer” means a commissioned or warrant officer;

(18) “officer in charge” means a member of the naval militia, United States Navy, United States Marine Corps, or United States Coast Guard designated by the appropriate authority;

(19) “record,” when used in connection with the proceedings of a court-martial, means

(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;

(20) “reviewing authority” means the Military Appeals Commission and the Alaska supreme court;

(21) “senior force judge advocate” means the senior judge advocate of the commander of the same force of the militia of the state as the accused and who is that commander’s chief legal advisor;

(22) “unit” means a regularly organized body of the militia of the state not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.

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