{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-801","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-801","heading":"Definitions","body":"ARTICLE 1. Definitions.\n\nA. As used in the Oklahoma Uniform Code of Military Justice,\n\nunless the context otherwise requires:\n\n1. \"Accuser\" means a person who signs and swears to charges,\n\nany person who directs that charges nominally be signed and sworn to\n\nby another, and any other person who has an interest other than an\n\nofficial interest in the prosecution of the accused;\n\n2. \"Adjutant General\" means the commander and most senior\n\nmilitary officer of the Oklahoma National Guard appointed by the\n\nGovernor with the advice and consent of the Senate. The Adjutant\n\nGeneral exercises command and control over the Oklahoma National\n\nGuard when it is not activated for federal duty under Title 10 of\n\nthe United States Code. The Adjutant General serves as the\n\nexecutive and administrative head of the Military Department of the\n\nState of Oklahoma as provided for in Section 21 of this title;\n\n3. \"Administrative control (ADCON)\" means the control or\n\nexercise of authority over subordinate units and other organizations\n\nor units with respect to administration and support, including\n\ncontrol of resources and equipment, personnel management, unit\n\nlogistics, individual and unit training, readiness, mobilization,\n\ndemobilization and other matters not included in the operational\n\nmissions of the subordinate units or other organizations or units.\n\nLawfully issued orders implementing administrative control may\n\nincorporate references to the Oklahoma Uniform Code of Military\n\nJustice (OUCMJ) for disciplinary purposes;\n\n4. \"Allowance\" means an amount of money provided to members of\n\nthe state military forces when adequate services or facilities are\n\nnot provided by the military. Allowances are usually provided tax-\n\nfree for basic housing, basic subsistence, cost of living, clothing\n\nexpenses and separation from family members;\n\n5. \"Arrest in quarters\" means moral restraint, as opposed to\n\nphysical restraint, limiting the liberty of an officer. The limits\n\nof arrest in quarters are set by the authority imposing nonjudicial\n\npunishment and may extend beyond the physical quarters of an\n\nofficer;\n\n6. \"Assistant Adjutant General\" means a brigadier general\n\nappointed by the Governor to assist the Adjutant General in the\n\ndischarge and performance of his or her duties. An Assistant\n\nAdjutant General is a staff officer who shall meet the\n\nqualifications prescribed by law for the Adjutant General. Multiple\n\nAssistant Adjutants General may be appointed pursuant to law, custom\n\nor National Guard regulations;\n\n7. \"Cadet\" or \"officer candidate\" means a person who is\n\nenrolled in or attending a state military academy, a regional\n\ntraining institute, or any other formal education program for the\n\npurpose of becoming a commissioned officer in the state military\n\nforces;\n\n8. \"Classified information\" means:\n\na. any information or material that has been determined\n\npursuant to federal law, by an Executive Order issued\n\nby the President in execution of federal law, or a\n\nlawfully promulgated federal regulation, to require\n\nprotection against unauthorized disclosure for reasons\n\nof national security and that is so designated, and\n\nb. any restricted data, as defined in Section 11(y) of\n\nthe Atomic Energy Act of 1954 (42 U.S.C., Section\n\n2014(y));\n\n9. \"Code\" means the Oklahoma Uniform Code of Military Justice\n\n(OUCMJ);\n\n10. \"Command authority\" means the authority that a commander\n\nlawfully exercises over subordinates by virtue of rank or\n\nassignment. Disciplinary authority under the OUCMJ is inherent to\n\ncommand authority;\n\n11. \"Commander\" means a designated commissioned officer vested\n\nwith command authority pursuant to law, regulation, assignment,\n\nlawful order or custom;\n\n12. \"Commanding officer\" includes only commissioned officers of\n\nthe state military forces and shall include officers in charge only\n\nwhen administering nonjudicial punishment under Section 815 of this\nhe OUCMJ is inherent to\n\ncommand authority;\n\n11. \"Commander\" means a designated commissioned officer vested\n\nwith command authority pursuant to law, regulation, assignment,\n\nlawful order or custom;\n\n12. \"Commanding officer\" includes only commissioned officers of\n\nthe state military forces and shall include officers in charge only\n\nwhen administering nonjudicial punishment under Section 815 of this\n\ntitle (Article 15). \"Commander\" has the same meaning as \"commanding\n\nofficer\" unless the context otherwise requires;\n\n13. \"Component\" means one of two constituent parts that make up\n\nthe state military forces, namely the army force responsible for\n\nland-based operations and the air force responsible for aerial\n\noperations and related support activities;\n\n14. \"Confidential information\" means any information or\n\nmaterial that shall be designated as confidential pursuant to\n\nSection 24A.27 of Title 51 of the Oklahoma Statutes and any\n\ninformation or material that may be kept confidential pursuant to\n\nSection 24A.28 of Title 51 of the Oklahoma Statutes that has not\n\npreviously been released by an appropriate authority;\n\n15. \"Convening authority\" includes, in addition to the person\n\nwho convened the court, a commissioned officer commanding for the\n\ntime being or a successor in command to the convening authority;\n\n16. \"Day\" means calendar day and is not synonymous with the\n\nterm \"unit training assembly\". Any punishment authorized by this\n\nact which is measured in terms of days shall, when served in a\n\nstatus other than annual field training, be construed to mean\n\nsucceeding duty days;\n\n17. \"Court of Criminal Appeals\" means the Oklahoma Court of\n\nCriminal Appeals, the highest court in the State of Oklahoma with\n\nappellate jurisdiction in criminal cases. It is the court of last\n\nresort for courts-martial conducted under the Code;\n\n18. \"Duty status\" means duty in the state military forces under\n\nan order issued by authority of law, and includes travel to and from\n\nsuch duty;\n\n19. \"Enlisted member\" means a person in an enlisted grade;\n\n20. \"Fatigue duty\" means general labor performed by members of\n\nthe state military forces when unarmed, including but not limited to\n\ncleaning, digging, loading, organizing, etc.;\n\n21. \"Fine\" means a type of punishment that makes a member\n\npecuniarily liable to the State of Oklahoma for the amounts\n\nspecified by nonjudicial punishment or adjudged by a court-martial.\n\nA fine may be paid in cash by a member, collected by deduction from\n\nthe current pay of a member or collected by deduction on settlement\n\nof the pay account of a member upon discharge;\n\n22. \"Forfeiture\" means a loss of monetary compensation provided\n\nto members of the Oklahoma National Guard or Oklahoma State Guard\n\nfor performance of military duties as a result of nonjudicial\n\npunishment or as adjudged by a court-martial. A forfeiture is\n\napplicable to basic pay and allowances if total forfeitures of pay\n\nand allowances are specifically adjudged by a general court-martial;\n\nprovided, that forfeitures other than total forfeitures shall not\n\napply to special pay, other than hardship duty pay, or proficiency\n\nor incentive pay;\n\n23. \"Grade\" means a step or degree in a graduated scale of\n\noffice or military rank which is established and designated as a\n\ngrade by law or regulation;\n\n24. \"Installation commander\" means a commissioned officer\n\nresponsible for the protection of assigned forces and assets,\n\nlodging, dining and administrative reporting, regardless of the\n\ncommand relations of the various types of forces present on the\n\ninstallation. For purposes of this definition, an installation is\n\nan Armed Forces Reserve Center, air base, armory, camp, post,\n\nreadiness center, office building, the joint forces headquarters or\n\nother facility, location, structure or property so designated as an\n\n\"installation\" by the Adjutant General;\n\n25. \"Joint forces headquarters\" means the joint headquarters\nypes of forces present on the\n\ninstallation. For purposes of this definition, an installation is\n\nan Armed Forces Reserve Center, air base, armory, camp, post,\n\nreadiness center, office building, the joint forces headquarters or\n\nother facility, location, structure or property so designated as an\n\n\"installation\" by the Adjutant General;\n\n25. \"Joint forces headquarters\" means the joint headquarters\n\nprovided for and established in Section 21 of this title;\n\n26. \"Judge advocate\" means a commissioned officer of the\n\norganized state military forces who is a member in good standing of\n\nthe bar of the highest court of a state, and is certified or\n\ndesignated as a judge advocate in the Judge Advocate General's Corps\n\nof the Army or the Air Force, or a reserve component of the same;\n\n27. \"Major command\" means the 45th Infantry Brigade Combat\n\nTeam, the 45th Field Artillery Brigade, the 90th Troop Command, the\n\n137th Special Operations Wing, the 138th Fighter Wing, the joint\n\nforces headquarters and any successor organizations to the major\n\ncommands named herein. The Adjutant General, in his or her\n\ndiscretion, may designate other military units within the Oklahoma\n\nNational Guard as major commands;\n\n28. \"May\" is used in a permissive sense. The phrase \"no person\n\nmay\" means that no person is required, authorized, or permitted to\n\ndo the act prescribed;\n\n29. \"Military appellate judge\" means a judicial officer who is\n\na member of the Military Court of Appeals and is nominated and\n\nappointed in accordance with Section 866 of this title (Article 66);\n\n30. \"Military court\" means a court-martial or a court of\n\ninquiry;\n\n31. \"Military Court of Appeals\" means the intermediate\n\nappellate court of record established in Section 866 of this title\n\n(Article 66) and charged with conducting an appellate review of\n\nquestions of law arising from general and special courts-martial\n\nproceedings conducted by the state military forces and, when\n\nnecessary in furtherance of its jurisdiction, reviewing all\n\npetitions for extraordinary relief properly brought before it;\n\n32. \"Military department\" means the administrative agency\n\nestablished in Section 21 of this title charged with coordinating\n\nand supervising state military forces. The military department\n\nconsists of a joint forces headquarters, an army component and an\n\nair force component under the command and control of the Adjutant\n\nGeneral when not activated for federal duty under Title 10 of the\n\nUnited States Code;\n\n33. \"Military trial judge\" means a judicial officer who\n\npresides over a general or special court-martial and is detailed or\n\nretained in accordance with Section 826 of this title (Article 26);\n\n34. \"Military magistrate\" means a licensed attorney, detailed\n\nor retained, who conducts reviews or otherwise acts on prereferral\n\nmatters relating to the rights of victims under subsection D of\n\nSection 806B of this title (Article 6B, subsection D), investigative\n\nsubpoenas under subparagraph a of paragraph 1 of subsection A of\n\nSection 17 of this act (Article 30A, subsection A, paragraph 1,\n\nsubparagraph a) or who conducts appellate proceedings on behalf of\n\nthe Military Court of Appeals under paragraph 3 of subsection J of\n\nSection 866 of this title (Article 66, subsection J, paragraph 3);\n\n35. \"Military offenses\" means those offenses designated as\n\npunitive articles under Sections 877 (Article 77, Principals), 878\n\n(Article 78, Accessory after the fact), 879 (Article 79, Conviction\n\nof offense charged, lesser included offenses, and attempts), 880\n\n(Article 80, Attempts), 881 (Article 81, Conspiracy), 882 (Article\n\n82, Soliciting commission of offenses), 883 (Article 83,\n\nMalingering), 884 (Article 84, Breach of medical quarantine), 885\n\n(Article 85, Desertion), 886 (Article 86, Absence without leave),\n\n887 (Article 87, Missing movement; jumping from vessel), 887A\n\n(Article 87A, Resistance, flight, breach of arrest, and escape), 888\ns), 880\n\n(Article 80, Attempts), 881 (Article 81, Conspiracy), 882 (Article\n\n82, Soliciting commission of offenses), 883 (Article 83,\n\nMalingering), 884 (Article 84, Breach of medical quarantine), 885\n\n(Article 85, Desertion), 886 (Article 86, Absence without leave),\n\n887 (Article 87, Missing movement; jumping from vessel), 887A\n\n(Article 87A, Resistance, flight, breach of arrest, and escape), 888\n\n(Article 88, Contempt toward officials), 889 (Article 89, Disrespect\n\ntoward superior commissioned officer; assault of superior\n\ncommissioned officer), 890 (Article 90, Willfully disobeying\n\nsuperior commissioned officer), 891 (Article 91, Insubordinate\n\nconduct toward warrant officer, or noncommissioned officer), 892\n\n(Article 92, Failure to obey order or regulation), 893 (Article 93,\n\nCruelty and maltreatment), 893A (Article 93A, Prohibited activities\n\nwith military recruit or trainee by person in position of special\n\ntrust), 894 (Article 94, Mutiny or sedition), 895 (Article 95,\n\nOffenses by sentinel or lookout), 895A (Article 95A, Disrespect\n\ntoward sentinel or lookout), 896 (Article 96, Release of prisoner\n\nwithout authority; drinking with prisoner), 897 (Article 97,\n\nUnlawful detention), 898 (Article 98, Misconduct as prisoner), 899\n\n(Article 99, Misbehavior before the enemy), 900 (Article 100,\n\nSubordinate compelling surrender), 901 (Article 101, Improper use of\n\ncountersign), 902 (Article 102, Forcing a safeguard), 903B (Article\n\n103B, Aiding the enemy), 903C (Article 103C, Unlawful disclosure of\n\nconfidential information), 904 (Article 104, Public records\n\noffenses), 904A (Article 104A, Fraudulent enlistment, appointment,\n\nor separation), 904B (Article 104B, Unlawful enlistment,\n\nappointment, or separation), 905A (Article 105A, False or\n\nunauthorized pass offenses), 906A (Article 106A, Wearing\n\nunauthorized insignia, decoration, badge, ribbon, device, or lapel\n\nbutton), 907 (Article 107, False official statements; false\n\nswearing), 908 (Article 108, Military property-loss, damage,\n\ndestruction, or wrongful disposition), 908A (Article 108A, Captured\n\nor abandoned property), 909 (Article 109, Property other than\n\nmilitary property-waste, spoilage, or destruction), 910 (Article\n\n110, Improper hazarding of vessel or aircraft), 912 (Article 112,\n\nDrunkenness and other incapacitation offenses), 912A (Article 112A,\n\nWrongful use, possession, etc., of controlled substances), 914\n\n(Article 114, Endangerment offenses), 916 (Article 116, Riot or\n\nbreach of peace), 917 (Article 117, Provoking speeches or gestures),\n\n917A (Article 117A, Wrongful broadcast or distribution of intimate\n\nvisual images), 920 (Article 120, Sexual assault generally), 920C\n\n(Article 120C, Other sexual misconduct), 920D (Article 120D,\n\nFraternization), 921 (Article 121, Larceny and wrongful\n\nappropriation), 924 (Article 124, Frauds against the government),\n\n928 (Article 128, Assault), 930 (Article 130, Stalking), 931\n\n(Article 131, Perjury), 931A (Article 131A, Subornation of perjury),\n\n931B (Article 131B, Obstructing justice), 931C (Article 131C,\n\nMisprision of serious offense), 931D (Article 131D, Wrongful refusal\n\nto testify), 931F (Article 131F, Noncompliance with procedural\n\nrules), 931G (Article 131G, Wrongful interference with adverse\n\nadministrative proceeding), 932 (Article 132, Retaliation), 933\n\n(Article 133, Conduct unbecoming an officer and a gentleman) and 934\n\n(Article 134, General article) of this title;\n\n36. \"Military publication\" means a written publication of an\n\nadministrative nature such as a regulation, instruction, pamphlet,\n\ncircular, permanent or general order, delegation of authority\n\nletter, numbered Adjutant General policy memorandum or blank form\n\npromulgated or published by or under the authority of the Adjutant\n\nGeneral. An order or directive issued by the Adjutant General that\ne 62\n\n36. \"Military publication\" means a written publication of an\n\nadministrative nature such as a regulation, instruction, pamphlet,\n\ncircular, permanent or general order, delegation of authority\n\nletter, numbered Adjutant General policy memorandum or blank form\n\npromulgated or published by or under the authority of the Adjutant\n\nGeneral. An order or directive issued by the Adjutant General that\n\nis operational in nature or issued in execution of a military\n\nmission shall not be included within the meaning of military\n\npublication. Rules of procedure published by the State Judge\n\nAdvocate for the Military Court of Appeals are included in the\n\nmeaning of military publication. The organizational chart and\n\nrating scheme required in Section 26 of this title shall not be\n\nincluded in the meaning of military publication;\n\n37. \"Month's pay\" means the amount of basic pay that would be\n\npaid to a member if that member were serving on active duty;\n\n38. \"National security\" means the national defense and foreign\n\nrelations of the United States;\n\n39. \"Nexus\" means the appearance of a connection between a\n\nmilitary or nonmilitary offense and the state military forces which\n\nbrings discredit or dishonor to the state military forces due to\n\nrepresentations of membership in the state military forces by a\n\nmember. Such representations may be made directly or indirectly,\n\nincluding but not limited to publication on social media or other\n\nelectronic communication platforms;\n\n40. \"Noncommissioned officer\" means an enlisted member above\n\nthe pay grade of E-4 or an enlisted member in the army component of\n\nstate military forces holding the rank of corporal;\n\n41. \"Nonjudicial punishment\" means punishment imposed\n\nadministratively by a commander or officer in charge for minor\n\noffenses in lieu of a court-martial;\n\n42. \"Nonmilitary offense\" means any criminal offense\n\nestablished in law that is not defined as a military offense in this\n\nsection;\n\n43. \"Officer\" means a commissioned or warrant officer;\n\n44. \"Officer in charge\" means a commissioned or warrant officer\n\ndesignated as such by appropriate authority;\n\n45. \"Pay\" means monetary compensation provided to members of\n\nthe state military forces in exchange for performance of military\n\nduties carried out pursuant to a lawful order or otherwise under the\n\nauthority of law, including basic pay, special pay, proficiency pay\n\nand incentive pay. \"Pay\" shall not mean allowances as defined in\n\nthis section;\n\n46. \"Rank\" means the order of precedence among members of the\n\nstate military forces;\n\n47. \"Record\", when used in connection with the proceedings of a\n\ncourt-martial, means:\n\na. an official written transcript, written summary, or\n\nother writing relating to the proceedings, or\n\nb. an official audiotape, videotape, digital image or\n\nfile, or similar material from which sound, or sound\n\nand visual images, depicting the proceedings may be\n\nreproduced;\n\n48. \"Regulation\" means a written, administrative expression of\n\nexecutive authority issued by an executive branch officer which\n\ncarries with it the force and effect of law due to inherent command\n\nauthority or express delegation of authority by the legislative\n\nbranch; regulations provided for in the Code are published and\n\narchived by the Secretary of State;\n\n49. \"Rehearing\" means a new trial on the findings, on the\n\nsentence, or on both;\n\n50. \"Restriction\" means moral restraint, as opposed to physical\n\nrestraint, limiting access to physical places or participation in\n\ncertain activities. In comparison to arrest in quarters,\n\n\"restriction\" is a lesser punishment;\n\n51. \"Senior force component judge advocate\" means the judge\n\nadvocate assigned as the chief legal advisor within the same\n\ncomponent of the state military forces as the accused. Unless there\n\nis a conflict of interest, a senior force component judge advocate\n\nmay also serve as legal counsel to the Adjutant General and may be\ncomparison to arrest in quarters,\n\n\"restriction\" is a lesser punishment;\n\n51. \"Senior force component judge advocate\" means the judge\n\nadvocate assigned as the chief legal advisor within the same\n\ncomponent of the state military forces as the accused. Unless there\n\nis a conflict of interest, a senior force component judge advocate\n\nmay also serve as legal counsel to the Adjutant General and may be\n\ndesignated as the State Judge Advocate. The customary duty station\n\nof a senior force component judge advocate is joint forces\n\nheadquarters;\n\n52. \"Shall\" is used in an imperative sense;\n\n53. \"State\" means one of the several states, the District of\n\nColumbia, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin\n\nIslands;\n\n54. \"State active duty\" means full-time duty in the state\n\nmilitary forces under an order of the Governor or otherwise issued\n\nby authority of law, and paid by state funds, and includes travel to\n\nand from such duty. State active duty shall not mean military duty\n\nperformed by the state military forces pursuant to Title 32 of the\n\nUnited States Code;\n\n55. \"State Judge Advocate\" means a member of the Oklahoma\n\nNational Guard qualified as a judge advocate, as defined in this\n\nsection, and who is designated in writing by the Adjutant General as\n\nthe State Judge Advocate;\n\n56. \"State military forces\" means the National Guard of the\n\nState of Oklahoma, which includes an army component and an air force\n\ncomponent, as defined in Title 32, United States Code, and Section\n\n41 of this title; the Oklahoma State Guard, organized pursuant to\n\nSection 109 of Title 32, United States Code, and established\n\npursuant to the Oklahoma State Guard Act; and any other military\n\nforce organized under the Constitution and laws of the State of\n\nOklahoma when not in a status placing them under exclusive federal\n\njurisdiction pursuant to Chapter 47 of Title 10, United States Code.\n\nUnless otherwise established by Oklahoma law, the unorganized\n\nmilitia, as provided for in Section 41 of this title, or any other\n\nstate military force that does not meet this definition shall not be\n\nconsidered part of the \"state military forces\" under the Code;\n\n57. \"Superior commissioned officer\" means a commissioned\n\nofficer superior in rank or command;\n\n58. \"Supplies\" means materiel, equipment and stores of all\n\ntypes possessed or lawfully controlled by state military forces; and\n\n59. \"Title 32 active duty\" means training or other duty, other\n\nthan inactive duty, performed by a member of the Army National Guard\n\nof the United States or the Air National Guard of the United States\n\nin the member's status as a member of the Oklahoma National Guard\n\npursuant to Section 316, 502, 503, 504 or 505 of Title 32 of the\n\nUnited States Code for which the member is entitled to pay from the\n\nUnited States or for which the member has waived pay from the United\n\nStates.\n\nB. Other terms not specifically defined herein shall be defined\n\nby military rules or regulations and customs and usage of the\n\nNational Guard and the Armed Forces of the United States.\n\nC. If a term is not defined in either subsection A of this\n\nsection nor defined as provided in subsection B of this section, it\n\nshall receive the construction and usage customarily accorded by\n\nreference to dictionaries of the English language in existence at\n\nthe time of adoption of this act.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1a70b5e18245051eaa33971195e8d1083020394ea5375663993d2d7bd9f21fe3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-800","next":"us-ok/okla.-stat.-tit.-44-44-802"},"notice":"GroundRules: Original legal text. Not legal advice."}