In this chapter, unless the context otherwise requires:

“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.

“Adjutant general” means the adjutant general of the State as defined in section 121-7.

“Apprehension” means the taking of a person into custody.

“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.

“Arrest in quarters” means the restraint involved is enforced by a moral obligation rather than by physical means. This punishment shall be imposed only on officers. An officer undergoing this punishment may be required to perform those duties prescribed by the Secretary of the Armed Service concerned; provided that an officer so punished shall be required to remain within that officer’s quarters during the period of punishment unless the limits of arrest are otherwise extended by appropriate authority. The quarters of an officer may consist of a military residence, whether a tent, stateroom, or other quarters assigned, or a private residence when government quarters have not been provided.

“Cadet” means any 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.

“Candidate” shall have the same meaning as the term “cadet”, as defined in this section.

“Code” means the Hawaii Code of Military Justice.

“Commander” shall have the same meaning as the term “commanding officer”, as defined in this section.

“Commanding officer” includes:

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“Commissioned officer” includes a commissioned warrant officer.

“Confinement” means the physical restraint of a person.

“Contemptuous words” means words or speech manifesting or expressing deep hatred or disapproval.

“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.

“Cowardly conduct” means conduct committed by an accused while the accused was before or in the presence of the enemy, that constitutes an act of cowardice that was the result of fear.

“Day” means calendar day and is not synonymous with the term “unit training assembly”. Any punishment authorized by this chapter and measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days.

“Disrespect” means behavior that detracts from the respect due the authority and person of a superior commissioned officer or fellow soldier. It may consist of acts or language, however expressed, and it is immaterial whether they refer to the superior as an officer or as a private individual. Disrespect by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. Truth is no defense. Disrespect by acts includes neglecting the customary salute, or showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of the superior officer or fellow soldier.

“Enlisted member” means a person in an enlisted grade.

“Governor” means the governor of the State.

“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.

“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:

“Legal officer” means any commissioned officer of the organized militia of the State designated to perform legal duties for a command.

“Midshipman” shall have the same meaning as the term “cadet”, as defined in this section.

“Military” refers to any or all of the armed forces.

“Military court” means a court-martial or court of inquiry.

“Military judge” means an official of a general or special court-martial detailed in accordance with part V of this chapter.

“Military offenses” means those offenses that are enumerated in part X of this chapter that do not have a corresponding offense in the civilian penal code.

“Officer” means a commissioned officer.

“Officer in charge” means a member of the state military forces designated by the appropriate authority.

“President” means the detailed member senior in rank of a court-martial then serving.

“Rank” means the order of precedence among members of the state military forces.

“Record”, when used in connection with the proceedings of a court-martial or court of inquiry, means:

“Restriction” means the least severe form of deprivation of liberty. “Restriction” involves moral rather than physical restraint. The severity of this type of restraint depends on its duration and the geographical limits specified when the punishment is imposed. A person undergoing restriction may be required to report to a designated place at specified times if reasonably necessary to ensure that the punishment is being properly executed. Unless otherwise specified by the nonjudicial punishment authority, a person in restriction may be required to perform any military duty.

“Senior force judge advocate” means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander’s chief legal advisor.

“State judge advocate” means the commissioned officer responsible for supervising the administration of military justice in the state military forces.

“State military forces” means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State.

“Superior commissioned officer” means a commissioned officer superior in rank or command.