RCW 38.38.004
[Art. 1] Definitions—Construction.
In this chapter, unless the context otherwise requires:
(1) "A month's pay" or fraction thereof shall be calculated based upon a member's basic pay entitlement as if the member were serving for a thirty-day period.
(2) "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.
(3) "Code" means this chapter.
(4) "Commanding officer" includes only commissioned officers in command of a unit.
(5) "Commissioned officer" includes a commissioned warrant officer.
(6) "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.
(7) "Enlisted member" means a person in an enlisted grade.
(8) "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.
(9) "Judge advocate" means an officer of the army or air national guard designated as a judge advocate by the judge advocate general of the army or the judge advocate general of the air force.
(10) "May" is used in a permissive sense. The words "no person may. . ." mean that no person is required, authorized, or permitted to do the act prescribed.
(11) "Military" refers to any or all of the armed forces.
(12) "Military court" means a court-martial or a court of inquiry.
(13) "Military judge" means the presiding officer of a general or special court-martial detailed in accordance with RCW 38.38.256.
(14) "Military offense" means those offenses listed in RCW 38.38.644 through 38.38.800, 38.38.762, and 38.38.782.
(15) "Nonmilitary offense" means any offense other than those listed in Title 38 RCW.
(16) "Officer" means commissioned or warrant officer.
(17) "Organized militia" means the national guard of the state, as defined in section 101(3) of Title 32, United States Code, and any other military force organized under the laws of the state of Washington.
(18) "Rank" means the order of precedence among members of the organized militia.
(19) "Shall" is used in an imperative sense.
(20) "State judge advocate" means the commissioned judge advocate officer responsible for supervising the administration of the military justice in the organized militia.
(21) "Superior commissioned officer" means a commissioned officer superior in rank or command.
[ 2009 c 378 § 3; 1989 c 48 § 1; 1963 c 220 § 1.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—1963 c 220: "This act shall take effect on July 1, 1963." [ 1963 c 220 § 140.] For codification of 1963 c 220, see Codification Tables.
Structure Revised Code of Washington
Title 38 - Militia and Military Affairs
Chapter 38.38 - Washington Code of Military Justice.
38.38.004 - Definitions—Construction.
38.38.008 - Persons subject to this code.
38.38.012 - Jurisdiction to try certain personnel.
38.38.016 - Dismissal of commissioned officer.
38.38.020 - Territorial applicability of the code.
38.38.024 - Judge advocates and legal officers.
38.38.068 - Apprehension of deserters.
38.38.072 - Imposition of restraint.
38.38.076 - Restraint of persons charged with offenses.
38.38.080 - Confinement in jails.
38.38.084 - Reports and receiving of prisoners.
38.38.088 - Punishment prohibited before trial.
38.38.092 - Delivery of offenders to civil authorities.
38.38.132 - Commanding officer's nonjudicial punishment—Suspension—Appeal.
38.38.176 - Jurisdiction of courts-martial in general.
38.38.180 - Jurisdiction of general courts-martial.
38.38.184 - Jurisdiction of special courts-martial—Dishonorable discharge.
38.38.188 - Jurisdiction of summary courts-martial.
38.38.192 - Sentences of dismissal or dishonorable discharge to be approved by the governor.
38.38.200 - Confinement instead of fine.
38.38.240 - Who may convene general courts-martial.
38.38.244 - Special courts-martial of organized militia not in federal service—Who may convene.
38.38.248 - Summary courts-martial of organized militia not in federal service—Who may convene.
38.38.252 - Who may serve on courts-martial.
38.38.256 - Military judge of a general or special court-martial.
38.38.258 - Military judges—Qualifications.
38.38.260 - Detail of trial counsel and defense counsel.
38.38.264 - Detail or employment of reporters and interpreters.
38.38.268 - Absent and additional members.
38.38.308 - Charges and specifications.
38.38.312 - Compulsory self-incrimination prohibited.
38.38.320 - Forwarding of charges.
38.38.324 - Advice of state judge advocate and reference for trial.
38.38.328 - Service of charges.
38.38.368 - Governor may prescribe rules.
38.38.372 - Unlawfully influencing action of court.
38.38.376 - Duties of trial counsel and defense counsel.
38.38.396 - Statute of limitations.
38.38.404 - Pleas of the accused.
38.38.408 - Opportunity to obtain witnesses and other evidence.
38.38.412 - Refusal to appear or testify—Penalty.
38.38.424 - Admissibility of records of courts of inquiry.
38.38.428 - Voting, rulings, instructions.
38.38.432 - Number of votes required.
38.38.436 - Court to announce action.
38.38.480 - Cruel and unusual punishments prohibited.
38.38.484 - Maximum limits—Reduction in pay grade.
38.38.488 - Effective date of sentences.
38.38.492 - Execution of confinement.
38.38.532 - Execution of sentence—Suspension of sentence.
38.38.536 - Initial action on the record.
38.38.540 - Initial action on the record—General court-martial records.
38.38.544 - Reconsideration and revision.
38.38.552 - Approval by the convening authority.
38.38.556 - Review of records—Disposition.
38.38.560 - Error of law—Lesser included offense.
38.38.568 - Vacation of suspension.
38.38.572 - Petition for a new trial.
38.38.576 - Remission and suspension.
38.38.584 - Finality of proceedings, findings and sentences.
38.38.624 - Persons to be tried or punished.
38.38.632 - Accessory after the fact.
38.38.636 - Conviction of lesser included offense.
38.38.652 - Fraudulent enlistment, appointment, or separation.
38.38.656 - Unlawful enlistment, appointment, or separation.
38.38.664 - Absence without leave.
38.38.672 - Contempt towards officials.
38.38.676 - Disrespect towards superior commissioned officer.
38.38.680 - Assaulting or willfully disobeying superior commissioned officer.
38.38.684 - Insubordinate conduct toward warrant officer or noncommissioned officer.
38.38.688 - Failure to obey order or regulation.
38.38.692 - Cruelty and maltreatment.
38.38.696 - Mutiny or sedition.
38.38.700 - Resistance, breach of arrest, and escape.
38.38.704 - Releasing prisoner without proper authority.
38.38.708 - Unlawful detention of another.
38.38.712 - Noncompliance with procedural rules.
38.38.716 - Misbehavior before the enemy.
38.38.720 - Subordinate compelling surrender.
38.38.724 - Improper use of countersign.
38.38.728 - Forcing a safeguard.
38.38.732 - Captured or abandoned property.
38.38.740 - Misconduct of a prisoner.
38.38.744 - False official statements.
38.38.748 - Military property—Loss, damage, destruction, or wrongful disposition.
38.38.752 - Property other than military property—Waste, spoilage, or destruction.
38.38.756 - Improper hazarding of vessel.
38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.
38.38.762 - Use, possession, or distribution of controlled substances.
38.38.764 - Drunk on duty—Sleeping on post—Leaving post before relief.
38.38.776 - Riot or breach of peace.
38.38.780 - Provoking speeches or gestures.
38.38.782 - Assault upon another member of the organized militia.
38.38.783 - Larceny and wrongful appropriation.
38.38.788 - Frauds against the government.
38.38.796 - Conduct unbecoming an officer and a gentleman.
38.38.840 - Courts of inquiry.
38.38.844 - Authority to administer oaths.
38.38.848 - Sections to be explained.
38.38.852 - Complaints of wrongs.
38.38.856 - Redress of injuries to property.
38.38.860 - Execution of process and sentence.
38.38.864 - Process of military courts.
38.38.868 - Payment of fines and disposition thereof.
38.38.872 - Immunity for action of military courts.
38.38.876 - Presumption of jurisdiction.
38.38.880 - Delegation of authority by the governor.